89R2173 BEE-D     By: Jones of Harris H.B. No. 816       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of youth sports programs;   providing civil and administrative penalties; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 13, Occupations Code, is   amended by adding Chapter 2053 to read as follows:   CHAPTER 2053. YOUTH SPORTS PROGRAMS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 2053.001.  DEFINITIONS. In this chapter:                (1)  "Advisory board" means the youth sports program   advisory board.                (2)  "Commission" means the Texas Commission of   Licensing and Regulation.                (3)  "Department" means the Texas Department of   Licensing and Regulation.                (4)  "Executive director" means the executive director   of the department.                (5)  "Youth sports program" means an organized   competitive sports program that:                      (A)  provides instruction for an Olympic or   University Interscholastic League sponsored or sanctioned sport;                      (B)  is not associated with a school; and                      (C)  instructs children who are enrolled in   kindergarten through 12th grade in a public, private, or charter   school or children of similar age who are provided an education in a   home setting.   SUBCHAPTER B. YOUTH SPORTS PROGRAM ADVISORY BOARD          Sec. 2053.051.  YOUTH SPORTS PROGRAM ADVISORY BOARD. (a)   The youth sports program advisory board consists of nine members   appointed by the presiding officer of the commission with the   approval of the commission, as follows:                (1)  two members who are physicians licensed in this   state specializing in orthopedic surgery and sports medicine;                (2)  two members who are physicians licensed in this   state specializing in neurology;                (3)  one member who is a psychologist licensed in this   state specializing in youth psychology;                (4)  one member who is the current or former chief law   enforcement officer of a county or municipality; and                (5)  three members who represent the public.          (b)  Appointments to the advisory board shall be made without   regard to the race, color, disability, sex, religion, age, or   national origin of the appointee.          Sec. 2053.052.  TERMS. Members of the advisory board serve   staggered six-year terms, with the terms of three members expiring   January 31 of each odd-numbered year.          Sec. 2053.053.  VACANCY. If a vacancy occurs during a term   of a member of the advisory board, the presiding officer of the   commission, with the commission's approval, shall appoint a   replacement who meets the qualifications for the vacant position to   serve for the remainder of the term.          Sec. 2053.054.  PRESIDING OFFICER. (a)  The presiding   officer of the commission shall designate a member of the advisory   board to serve as the presiding officer of the advisory board for a   term of two years.          (b)  The presiding officer of the advisory board may vote on   any matter before the advisory board.          Sec. 2053.055.  DUTIES OF ADVISORY BOARD. The advisory   board shall provide advice and recommendations to the department on   technical matters relevant to the administration of this chapter.   SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT          Sec. 2053.101.  GENERAL POWERS AND DUTIES. The department   shall:                (1)  administer and enforce this chapter;                (2)  evaluate the qualifications of license   applicants;                (3)  issue licenses;                (4)  in connection with a hearing under this chapter,   issue subpoenas, examine witnesses, and administer oaths under the   laws of this state; and                (5)  investigate persons engaging in practices that   violate this chapter.          Sec. 2053.102.  RULES. The commission shall adopt rules   consistent with this chapter for the administration and enforcement   of this chapter.          Sec. 2053.103.  FEES. The commission by rule shall set fees   in amounts reasonable and necessary to cover the costs of   administering this chapter.          Sec. 2053.104.  REPORT OF VIOLATIONS AND OTHER SAFETY   CONCERNS. The department shall establish and maintain a toll-free   telephone number for reporting suspected violations of this chapter   or rules adopted under this chapter and other safety concerns.          Sec. 2053.105.  EVALUATION OF CONCUSSION PROTOCOL. (a)  The   department shall evaluate a concussion protocol a youth sports   program submits for the department's approval as required by   Section 2053.202.          (b)  The commission by rule shall establish criteria for the   approval of a concussion protocol under this section.          Sec. 2053.106.  EVALUATION OF VENUE SAFETY PROTOCOL. (a)     The department shall evaluate a venue safety protocol a youth   sports program submits for the department's approval as required by   Section 2053.203.          (b)  The commission by rule shall establish criteria for the   approval of a venue safety protocol under this section.   SUBCHAPTER D. LICENSE          Sec. 2053.151.  LICENSE REQUIRED. A person may not operate a   youth sports program unless the person holds a license issued in   accordance with this chapter.          Sec. 2053.152.  APPLICATION; FEE.  An applicant for a   license under this chapter must:                (1)  submit an application in the manner and on a form   the department prescribes; and                (2)  pay the application fee set by commission rule.          Sec. 2053.153.  ELIGIBILITY. To be eligible for a license   under this chapter, a license applicant must satisfy the   eligibility requirements established by commission rule.          Sec. 2053.154.  ISSUANCE. The commission shall issue a   license to an applicant who the commission determines has satisfied   the requirements of this chapter and commission rules.          Sec. 2053.155.  TERM. A license issued under this chapter is   valid for the term established by commission rule.          Sec. 2053.156.  RENEWAL. A license issued under this   chapter may be renewed as provided by commission rules.   SUBCHAPTER E. OPERATION OF YOUTH SPORTS PROGRAMS          Sec. 2053.201.  SAFETY TRAINING REQUIRED. An individual may   not serve as a coach or trainer for a youth sports program unless   the person successfully completes a safety training course   substantially similar to the extracurricular activity safety   training program developed and adopted by the University   Interscholastic League under Section 33.202, Education Code.          Sec. 2053.202.  CONCUSSION PROTOCOL REQUIRED. A person may   not operate a youth sports program unless the person develops and   implements for the program a concussion protocol approved by the   department in accordance with Section 2053.105.          Sec. 2053.203.  VENUE SAFETY PROTOCOL REQUIRED. A person   may not operate a youth sports program unless the person develops   and implements a venue safety protocol approved by the department   in accordance with Section 2053.106 for the venue at which the   program will operate.   SUBCHAPTER F. DISCIPLINARY ACTIONS AND ENFORCEMENT PROCEDURES          Sec. 2053.251.  DISCIPLINARY ACTION. In accordance with   Section 51.353, the commission or executive director may deny,   revoke, or suspend a license, refuse to renew a license, place on   probation a person whose license has been suspended, or reprimand a   license holder for a violation of this chapter, a rule adopted under   this chapter, or an order of the commission or executive director.          Sec. 2053.252.  ENFORCEMENT PROCEDURES. The commission,   department, or executive director may enforce this chapter, a rule   adopted under this chapter, or an order of the commission or   executive director as provided by Subchapters F and G, Chapter 51.          SECTION 2.  Not later than May 1, 2026, the Texas Commission   of Licensing and Regulation shall adopt the rules, procedures, and   fees necessary to administer Chapter 2053, Occupations Code, as   added by this Act.          SECTION 3.  (a) Not later than January 1, 2026, the presiding   officer of the Texas Commission of Licensing and Regulation shall   appoint members to the advisory board created under Section   2053.051, Occupations Code, as added by this Act.          (b)  Notwithstanding Section 2053.053, Occupations Code, as   added by this Act, in making the initial appointments to the   advisory board, the presiding officer of the commission shall   designate three members to serve terms expiring January 31, 2027,   three members to serve terms expiring January 31, 2029, and three   members to serve terms expiring January 31, 2031.          SECTION 4.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2025.          (b)  Section 2053.151, Occupations Code, as added by this   Act, and Subchapter F, Chapter 2053, Occupations Code, as added by   this Act, take effect September 1, 2026.