By: Landgraf H.B. No. 3357       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of child swim schools;   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 CHILD SWIM SCHOOLS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 769.001.  SHORT TITLE. This chapter may be cited as the   Mitchell Chang Swim School 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)  "Operator" means a person who owns, controls, or   has operational responsibility for a swim school.                (4)  "Student" means a child who is six years of age or   younger and receives swim instruction at a swim school.                (5)  "Swim school" means a business that provides swim   instruction and employs at least three individuals on a full or   part-time basis whose responsibilities include providing in water   swimming instructions to students.          Sec. 769.003.  APPLICABILITY OF CHAPTER. This chapter   applies only to a swim school that provides swim instruction to   children who are six years of age or younger in a group of two or   more students, regardless of whether a parent is present at the time   of instruction.          Sec. 769.004.  APPLICABILITY OF OTHER LAW. Chapter 51,   Occupations Code, applies to a swim school licensed under this   chapter.   SUBCHAPTER B. COMMISSION AND DEPARTMENT POWERS AND DUTIES          Sec. 769.051.  RULES. The commission shall adopt rules to   implement this chapter.          Sec. 769.052.  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. 769.053.  COMPLAINTS. (a) Any individual may submit a   complaint to the department concerning a swim school or a swim   school employee. The department shall establish a process for   submitting a complaint through the department's Internet website.          (b)  The department may investigate a complaint made under   this section in accordance with Subchapter E, Chapter 51,   Occupations Code.          Sec. 769.054.  INSPECTION BY DEPARTMENT. (a) The department   shall inspect a swim school:                (1)  at least annually; and                (2)  on receipt by the department of a complaint about   the swim school that the department determines to warrant further   investigation and inspection.          (b)  An authorized representative of the department shall   visit a swim school during operating hours to investigate, inspect,   and evaluate compliance with swim school operating standards.          (c)  Following an inspection, the department shall review   the results of the inspection with the swim school and provide the   swim school an opportunity to respond to the inspection results.          (d)  For violations or infractions that do not include a   serious incident of a student, as defined by section 769.157, the   swim school and the operator shall be given five business days to   cure any violations or infractions before any punitive action may   be taken by the department.          Sec. 769.055.  SEARCHABLE DATABASE. The department shall   maintain on the department's Internet website a searchable database   that contains information on each swim school licensed by the   department, including:                (1)  the name of the operator;                (2)  any criminal convictions of the operator;                (3)  incidents at the swim school that require the   hospitalization of a child under the supervision of the swim   school;                (4)  safety violations committed by the swim school;                (5)  complaints filed against a swim school under   Section 769.053 that the department determined to further   investigate; and                (6)  results of inspections conducted by the department   under Section 769.054, including the acknowledgement of any results   that were successfully cured by the swim school and the operator   within five business days.   SUBCHAPTER C. LICENSE REQUIREMENTS          Sec. 769.101.  LICENSE REQUIRED. A person may not operate a   swim school unless the person holds a license to operate the swim   school issued by the department 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 a license to   operate a swim school under this chapter.          (b)  The application for a swim school license must include   the identity of the operator of the swim school and be accompanied   by the certifications required by Section 769.153.          (c)  The department shall issue a swim school license to an   applicant who:                (1)  submits to the department a completed license   application and the required nonrefundable application fee; and                (2)  complies with this chapter and rules adopted under   this chapter.          Sec. 769.103.  TERM AND LICENSE RENEWAL. (a) Unless revoked   or suspended, a swim school license issued under this chapter is   valid for one year.          (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)  As a condition of renewal, a license holder must satisfy   the requirements that apply to an applicant for an initial license   under Section 769.102.          (d)  The department shall renew the swim school 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 a swim school license under this chapter unless the   department searches the central registry of reported cases of child   abuse or neglect established under Section 261.002, Family Code,   and determines the swim school applicant, operator, and any   employee included on the application form are not listed in the   registry as a person who abused or neglected a child.   SUBCHAPTER D. SWIM SCHOOL OPERATION          Sec. 769.151.  EMPLOYEE CRIMINAL HISTORY RECORD   INFORMATION. Before a swim school may hire an individual for   full-time employment, the swim school shall obtain criminal history   record information on the individual and may not hire an individual   whose criminal history record information is unacceptable.          Sec. 769.152.  MINIMUM SAFETY REQUIREMENTS. (a) The   department shall adopt rules necessary to establish an acceptable   student to swim instructor ratio for swim classes offered by a swim   school, and any additional employees that may be necessary to serve   in a dedicated supervisory role of the swim classes offered in order   to assist in ensuring the overall health and safety of all students   and swim school employees. In addition to all other information,   the ratio of student to swim instructor shall take into   consideration: whether a parent or legal guardian is required to be   in the water during the time of instruction with the student, any   student skill level necessary to qualify for a certain class, and   the training and accreditation of a swim school employee as set   forth by this chapter.          (b)  A swim school must have available an automated external   defibrillator.          Sec. 769.153.  CERTIFICATION AND TRAINING REQUIREMENTS. (a)   Each swim school operator and employee must:                (1)  be certified by an accredited entity as a water   safety instructor for teaching swimming techniques to children   after successfully completing training that complies with the   American Red Cross's swimming and water safety training standards;                (2)  if the operator or employee provides swim classes   to children younger than five years of age, successfully complete   additional water safety instructor training from an accredited   entity on swimming instruction for the age group taught by the   operator or employee; and                (3)  hold certifications from an accredited entity for:                      (A)  cardiopulmonary resuscitation; and                      (B)  automated external defibrillator use.          (b)  A swim school shall provide training to all employees   in:                (1)  the application of first aid;                (2)  the prevention and spread of communicable   diseases; and                (3)  the industry standard protocols for preventing   drowning.          Sec. 769.157.  REPORT OF SERIOUS INCIDENTS AND VIOLATIONS.     (a)  In this section, "serious incident" means a suspected or actual   incident that threatens or impairs the basic health, safety, or   well-being of a child. The term includes:                (1)  abuse, neglect, exploitation, or death of a child;                (2)  a critical injury of a child; and                (3)  an illness of a child that requires   hospitalization.          (b)  A swim school shall report to the department each   serious incident involving a child who was under the supervision of   the swim school.          (c)  The commission by rule shall prescribe the form and   manner in which a swim school must report a serious incident under   this section.          Sec. 769.158.  REQUIRED PARENTAL NOTIFICATION OF SERIOUS   INCIDENT. A swim school shall immediately notify a parent of a   child who is involved in a serious incident as defined by Section   769.157 while the child is under supervision of the swim school.   SUBCHAPTER E. ENFORCEMENT          Sec. 769.201.  ADMINISTRATIVE PENALTY; OTHER ENFORCEMENT   ACTION. 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.          SECTION 2.  Notwithstanding Chapter 769, Health and Safety   Code, as added by this Act, a person who operates a swim school is   not required to hold a license under that chapter to operate a swim   school in this state before January 1, 2022.          SECTION 3.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2021.          (b)  Section 769.201, Health and Safety Code, as added by   this Act, takes effect January 1, 2022.