Bill Text: TX SB765 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the licensing and regulation of child swim instruction operators; requiring an occupational license; imposing penalties, including administrative penalties; authorizing fees.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2023-03-01 - Referred to Business & Commerce [SB765 Detail]

Download: Texas-2023-SB765-Introduced.html

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By: Zaffirini S.B. No. 765

A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of child swim instruction
operators; requiring an occupational license; imposing penalties,
including administrative penalties; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. REGULATION OF SWIM INSTRUCTION OPERATORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 769.001. SHORT TITLE. This chapter may be cited as the
Mitchell Chang Swim Safety Act.
Sec. 769.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Health care professional" means a licensed
physician, licensed physician assistant, licensed advanced
practice registered nurse, licensed vocational nurse, registered
nurse, or other individual licensed to provide health care within
the scope of the license.
(4) "Instructor" means an individual who provides swim
instruction.
(5) "Operator" means a company, corporation,
partnership, or sole proprietorship that provides swim instruction
in the ordinary course of business.
(6) "Serious incident" means a circumstance occurring
in the course of swim instruction that requires attention by a
health care professional. The term includes:
(A) abuse, neglect, exploitation, or death of a
student;
(B) a critical injury of a student; and
(C) an illness of a student that requires
hospitalization.
(7) "Student" means a child who is six years of age or
younger and receives swim instruction.
Sec. 769.003. APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)
Subject to Subsection (b), this chapter applies only to an operator
that provides swim instruction to students who are six years of age
or younger in a group of three or more students, regardless of
whether a parent is present at the time of instruction.
(b) This chapter does not apply to swim instruction provided
to students by:
(1) a political subdivision as defined by Section
172.003, Local Government Code; or
(2) a child-care facility the Health and Human
Services Commission licenses.
Sec. 769.004. APPLICABILITY OF OTHER LAW. Chapter 51,
Occupations Code, applies to an operator licensed under this
chapter.
SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES
Sec. 769.051. REGULATION BY DEPARTMENT. The department
shall administer and enforce this chapter.
Sec. 769.052. RULES. The commission shall adopt rules to
administer and enforce this chapter, including rules prescribing:
(1) operating standards; and
(2) minimum safety and training requirements.
Sec. 769.053. FEES. The commission by rule shall set
license, application, and renewal fees in the amounts reasonable
and necessary to cover the department's costs in administering this
chapter.
Sec. 769.054. COMPLAINTS SUBMITTED TO DEPARTMENT. (a) A
person may submit a complaint to the department concerning an
operator or an operator's employee or instructor.
(b) The department may investigate a complaint submitted
under this section in accordance with Subchapter E, Chapter 51,
Occupations Code.
Sec. 769.055. INSPECTION BY DEPARTMENT. (a) The department
may inspect an operator's place of business or other location where
the operator provides swim instruction on the department's receipt
of a complaint about the operator or a report of a serious incident
that the department determines warrants further investigation and
inspection.
(b) An authorized representative of the department may
visit an operator's place of business or other location where the
operator provides swim instruction during operating hours to
investigate, inspect, and evaluate compliance with the
department's operating standards, including safety and training
requirements.
(c) Following an inspection, the department shall review
the results of the inspection with the operator, notify the
operator of any violations found during the inspection, and provide
the operator an opportunity to respond to the inspection results.
(d) The department shall provide an operator 15 business
days after the date the operator is notified of a violation under
Subsection (c) to cure the violation unless the violation is
related to a serious incident. If the operator fails to cure the
violation during that period, the department may take
administrative action against the operator under Subchapter E.
Sec. 769.056. SEARCHABLE DATABASE. The department shall
maintain on the department's Internet website a searchable
database that contains information on each operator the department
licenses, including:
(1) the name of the operator;
(2) a record of all substantiated serious incidents
reported under Section 769.153 or discovered by the department
within the preceding five years; and
(3) results of inspections conducted by the department
within the preceding five years, and whether a violation identified
during an inspection was successfully cured by the operator within
the prescribed period.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 769.101. LICENSE REQUIRED. A person may not operate as
a swim instruction operator unless the person holds a license
issued under this chapter.
Sec. 769.102. LICENSE APPLICATION AND ISSUANCE; FEE. (a) A
person may submit to the department in the form and manner
prescribed by commission rule an application for an operator's
license under this chapter.
(b) The department shall issue an operator's license to an
applicant who:
(1) submits to the department a completed license
application and the required nonrefundable application fee; and
(2) satisfies the licensing requirements under this
chapter and rules adopted under this chapter.
Sec. 769.103. TERM AND LICENSE RENEWAL. (a) Unless revoked
or suspended, an operator's license issued under this chapter is
valid for two years.
(b) To renew a license, a license holder must submit to the
department in the form and manner prescribed by commission rule an
application for license renewal.
(c) The department shall renew the operator's license of a
license holder who:
(1) submits a completed renewal application and the
required renewal fee; and
(2) complies with this chapter and rules adopted under
this chapter.
Sec. 769.104. REQUIRED SEARCH OF CENTRAL REGISTRY OF
REPORTED CASES OF CHILD ABUSE OR NEGLECT. The department may not
issue or renew an operator's license under this chapter unless the
operator provides documentation to the department showing that the
operator:
(1) searched or requested a search of the central
registry of substantiated cases of child abuse or neglect
established under Section 261.002, Family Code;
(2) determined the operator and the operator's
employees and instructors present during swim instruction
operating hours are not listed in the registry as a person who
abused or neglected a child; and
(3) maintains records regarding the searches
conducted under this section.
Sec. 769.105. CRIMINAL HISTORY RECORD INFORMATION. The
department may not issue or renew a license under this chapter
unless the department conducts a check of the criminal history
record information for the operator.
Sec. 769.106. EDUCATION AND OUTREACH. The department may:
(1) develop training and educational materials
related to child swim safety; and
(2) provide training and educational materials and
opportunities to operators, operators' employees and instructors,
and the public.
SUBCHAPTER D. OPERATIONAL STANDARDS
Sec. 769.151. MINIMUM SAFETY REQUIREMENTS. An operator
must comply with minimum safety requirements prescribed by
commission rule for:
(1) swim instructor to student ratios during student
swim instruction; and
(2) training and certification requirements for
instructors.
Sec. 769.152. CERTIFICATION AND TRAINING REQUIREMENTS. (a)
Each manager and instructor for the operator must:
(1) be certified to teach swimming techniques to
students after successfully completing training that complies with
the swim instructor training standards established by the American
Red Cross, the YMCA, or another entity the department approves
whose swim instructor training standards are substantially the
same as those established by the American Red Cross or the YMCA; and
(2) hold certifications from the American Red Cross,
the American Heart Association, or another nationally recognized
entity the department approves for:
(A) cardiopulmonary resuscitation; and
(B) automated external defibrillator use.
(b) An operator shall provide basic training to all
employees in:
(1) basic water rescue techniques; and
(2) the provision of first aid.
(c) An operator shall maintain records of the
certifications and training required by this section in the manner
prescribed by commission rule.
Sec. 769.153. REPORT OF SERIOUS INCIDENTS. (a) An operator
shall report to the department each serious incident involving a
student who was under the supervision of an operator or an
operator's employee or instructor.
(b) The commission by rule shall prescribe the form and
manner in which an operator must report a serious incident under
this section.
SUBCHAPTER E. ENFORCEMENT
Sec. 769.201. ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT
ACTION. (a) A person who violates this chapter or a rule adopted
under this chapter is subject to an administrative penalty or other
penalties and enforcement action in accordance with Subchapters F
and G, Chapter 51, Occupations Code.
(b) An administrative penalty may not exceed $500 per day
for each violation. Each day a violation continues is a separate
violation for purposes of imposing a penalty.
SECTION 2. Section 51.2031(a), Occupations Code, is amended
to read as follows:
(a) This section applies only to the regulation of the
following professions by the department:
(1) athletic trainers;
(2) behavior analysts;
(3) dietitians;
(4) hearing instrument fitters and dispensers;
(5) midwives;
(6) orthotists and prosthetists; [and]
(7) speech-language pathologists and audiologists;
and
(8) swim instruction operators licensed under Chapter
769, Health and Safety Code.
SECTION 3. (a) Not later than June 1, 2024, the Texas
Commission of Licensing and Regulation shall adopt the rules
required by Chapter 769, Health and Safety Code, as added by this
Act.
(b) Notwithstanding Chapter 769, Health and Safety Code, as
added by this Act, a person is not required to hold a license under
that chapter before September 1, 2024.
(c) Subchapters F and G, Chapter 51, Occupations Code, do
not apply to conduct described by Section 769.101, Health and
Safety Code, as added by this Act, before September 1, 2024.
SECTION 4. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2023.
(b) Sections 769.105 and 769.106, Health and Safety Code, as
added by this Act, take effect September 1, 2024.