89R7418 KRM-F     By: Garcia of Bexar H.B. No. 1800       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of child swim instruction   operators; requiring an occupational license; imposing an   administrative penalty; 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 767 to read as follows:   CHAPTER 767. REGULATION OF CHILD SWIM INSTRUCTION OPERATORS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 767.001.  SHORT TITLE. This chapter may be cited as the   Mitchell Chang Swim Safety Act.          Sec. 767.002.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Texas Commission of   Licensing and Regulation.                (2)  "Controlling person" means a person listed in   Section 51.409(a)(5), Occupations Code.                (3)  "Department" means the Texas Department of   Licensing and Regulation.                (4)  "Executive director" means the executive director   of the department.                (5)  "Instructor" means an individual who for   compensation provides swim instruction directly to students on   behalf of an operator.                (6)  "Operator" means a company, corporation,   partnership, or limited liability corporation that employs two or   more employees and provides or offers to provide swim instruction   for compensation.                (7)  "Serious incident" means a suspected or actual   incident that occurs during and as a direct result of swim   instruction and that threatens or impairs the health, safety, or   well-being of a student. 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.                (8)  "Student" means a child who is younger than seven   years of age.                (9)  "Swim instruction" means the in-water educational   process of teaching an individual to swim.           Sec. 767.003.  APPLICABILITY OF CHAPTER; EXEMPTIONS. (a)   Subject to Subsection (b), this chapter applies only to an operator   who provides swim instruction to a group of three or more students   at one time.          (b)  This chapter does not apply to swim instruction provided   to students by:                (1)  a youth camp licensed under Chapter 141;                (2)  a child-care facility licensed under Chapter 42,   Human Resources Code; or                (3)  a political subdivision.   SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES          Sec. 767.051.  REGULATION BY DEPARTMENT; RULES. (a) The   department shall administer and enforce this chapter.          (b)  The commission shall adopt rules as necessary to   implement this chapter, including rules prescribing:                (1)  operating standards;                 (2)  qualifications for an operator's license;                (3)  requirements to renew an operator's license; and                (4)  minimum safety and training requirements.          Sec. 767.052.  FEES. The commission by rule shall set fees   in the amounts reasonable and necessary to cover the costs of   administering this chapter.          Sec. 767.053.  PUBLIC ACCESS TO INSPECTION REPORTS. An   operator shall release to the public on request a copy of any   inspection report the department issued to the operator in the   preceding two years.   SUBCHAPTER C. LICENSE REQUIREMENTS          Sec. 767.101.  LICENSE REQUIRED. A person may not operate as   a swim instruction operator unless the person holds a license   issued under this chapter.          Sec. 767.102.  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. 767.103.  TERM AND LICENSE RENEWAL. (a) Unless revoked   or suspended, an operator's license issued under this chapter is   valid until the second anniversary of the date of issuance.          (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. 767.104.  REQUIRED CRIMINAL HISTORY RECORD INFORMATION   CHECK. The department shall perform a criminal history record   information check on each applicant for an operator's license and   on any controlling person of the applicant's company, corporation,   partnership, or limited liability corporation.   SUBCHAPTER D. OPERATIONAL STANDARDS          Sec. 767.151.  MINIMUM SAFETY REQUIREMENTS. The commission   by rule shall establish minimum safety requirements for operators   to preserve student health and safety, including requirements on:                (1)  instructor to student ratios during swim   instruction;                (2)  training and certification for instructors; and                (3)  available and operational automated external   defibrillators, as defined by Section 779.001.          Sec. 767.152.  CERTIFICATION AND TRAINING REQUIREMENTS. (a)   Each manager and instructor for the operator must hold:                (1)  a certificate 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 with   swim instructor training standards substantially the same as those   established by the American Red Cross or the YMCA; and                (2)  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. 767.153.  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.          Sec. 767.154.  REQUIRED EMPLOYEE CRIMINAL HISTORY RECORD   INFORMATION CHECK. (a) Before an operator may hire an instructor   or any other individual who will interact with students in the   course and scope of the individual's employment, the operator shall   perform a criminal history record information check on the   individual.          (b)  An operator may not hire an instructor or any other   individual who will interact with students in the course and scope   of the individual's employment if the individual has been convicted   of an offense under Title 5, Penal Code, or Chapter 43, Penal Code,   involving an individual who is younger than 18 years of age.   SUBCHAPTER E. ENFORCEMENT          Sec. 767.201.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY   ACTION. An applicant for an operator's license or a license holder   may be subject to denial of a license application or disciplinary   action, as applicable, if the applicant or license holder or a   controlling person of the applicant's or license holder's company,   corporation, partnership, or limited liability corporation:                (1)  violates this chapter, a commission rule, or an   order of the commission or the executive director;                (2)  obtains an operator's license by means of fraud,   misrepresentation, or concealment of a material fact;                (3)  sells, barters, or offers to sell or barter an   operator's license; or                (4)  is convicted of, or employs an instructor or any   other individual who interacts with students in the course and   scope of the individual's employment and who has been convicted of,   an offense under Title 5, Penal Code, or Chapter 43, Penal Code,   involving a child who is younger than 18 years of age.          Sec. 767.202.  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 411.093(a), Government Code, is amended   to read as follows:          (a)  The Texas Department of Licensing and Regulation is   entitled to obtain criminal history record information as provided   by Subsection (b) that relates to:                (1)  an applicant for or the holder of:                      (A)  a driver education instructor license under   Chapter 1001, Education Code;                      (B)  a license under Chapter 767, Health and   Safety Code;                      (C)  a license under Chapter 202, Occupations   Code;                      (D) [(C)]  a license under Chapter 401,   Occupations Code;                      (E) [(D)]  a license under Chapter 402,   Occupations Code; or                      (F) [(E)]  an instructor license or motorcycle   school license under Chapter 662, Transportation Code;                (2)  a person who is:                      (A)  an applicant for or the holder of a license   under Chapter 91, Labor Code; or                      (B)  a controlling person, as defined by Chapter   91, Labor Code, of an entity described by Paragraph (A); or                (3)  a person who:                      (A)  is an applicant for or the holder of a license   under Chapter 455, Occupations Code; or                      (B)  has an interest described under Section   455.1525(e), Occupations Code, in an entity described by Paragraph   (A).          SECTION 3.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.0975 to read as follows:          Sec. 411.0975.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: SWIM INSTRUCTION OPERATORS.  (a)  In this section,   "swim instruction operator" means a person who holds a license   under Chapter 767, Health and Safety Code, to operate as a swim   instruction operator.          (b)  A swim instruction operator may obtain state criminal   history record information from the department for an applicant for   employment with or volunteer of the operator.          (c)  Criminal history record information obtained by a swim   instruction operator in the original form or any subsequent form:                (1)  may not be released to any person except the person   who is the subject of the information;                (2)  is not subject to disclosure as provided by   Chapter 552; and                (3)  shall be destroyed by the operator after the   information is used for the authorized purpose.          SECTION 4.  As soon as practicable after the effective date   of this Act, the Texas Commission of Licensing and Regulation shall   adopt rules necessary to implement Chapter 767, Health and Safety   Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2025.