Bill Text: TX HB59 | 2023-2024 | 88th Legislature | Enrolled

Texas House Bill 59

Bill Title: Relating to child water safety requirements for certain organizations; authorizing disciplinary action, including an administrative penalty.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-02 - Effective on 9/1/23 [HB59 Detail]

Download: Texas-2023-HB59-Enrolled.html



	H.B. No. 59




	AN ACT
	relating to child water safety requirements for certain
	organizations; authorizing disciplinary action, including an
	administrative penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act may be cited as Cati's Act.
	SECTION 2. Subchapter D, Chapter 341, Health and Safety
	Code, is amended by adding Section 341.0646 to read as follows:
	Sec. 341.0646. CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN
	ORGANIZATIONS. (a) In this section:
	(1) "Body of water" means an artificial or natural
	body of water, including a swimming pool, lake, or river, typically
	used for recreational swimming, bathing, or play. The term does not
	include a wading pool.
	(2) "Child" means an individual younger than 12 years
	of age.
	(3) "Organized water activity" means an activity an
	organization conducts in which a participant will enter or travel
	on a body of water as part of the activity.
	(4) "Wading pool" means a pool, including a pool that
	contains a public interactive water feature and fountain as defined
	by department rule, with a maximum water depth of not more than 18
	inches.
	(b) This section does not apply to:
	(1) a youth camp licensed under Chapter 141;
	(2) a residential child-care facility as defined by
	Section 42.002, Human Resources Code; or
	(3) a residential boarding school that allows an
	employee, a family member of an employee, or a guest of an employee
	to use a body of water at the school for recreational purposes.
	(c) An organization, including a day camp, youth camp,
	school, preschool, kindergarten, nursery school, child-care
	facility as defined by Section 42.002, Human Resources Code, or any
	other facility providing child-care services licensed by the Health
	and Human Services Commission that authorizes a child to engage in
	an organized water activity shall:
	(1) require the child's parent or legal guardian to
	affirm in writing whether the child is able to swim or is at risk of
	injury or death when swimming or otherwise accessing a body of
	water; and
	(2) except as provided by Subsection (d):
	(A) provide to each child who is unable to swim or
	is at risk of injury or death when swimming or otherwise entering a
	body of water a properly fitted and fastened Type I, II, or III
	United States Coast Guard approved personal flotation device or a
	device the executive commissioner determines is equivalent; and
	(B) ensure the child is wearing the personal
	flotation device and the device is properly fitted and fastened for
	the child.
	(d) The organization is not required to provide a child with
	a flotation device or ensure the child is wearing the device under
	Subsection (c)(2) if:
	(1) the child is actively participating in swim
	instruction or a competition; and
	(2) the organization ensures each child participating
	in the instruction or a competition is closely supervised during
	the instruction or competition.
	(e) An organization licensed or otherwise regulated by this
	state that violates this section or rules adopted under this
	section is subject to disciplinary action, including the imposition
	of an administrative penalty, by any state regulatory agency with
	the power to impose disciplinary action on that organization as if
	the organization violated the agency's licensing or other
	regulatory laws or rules.
	(f) The executive commissioner may adopt rules necessary to
	implement this section.
	SECTION 3. This Act takes effect September 1, 2023.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 59 was passed by the House on May 2,
	2023, by the following vote: Yeas 110, Nays 35, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 59 on May 15, 2023, by the following vote: Yeas 104, Nays 39, 1
	present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 59 was passed by the Senate, with
	amendments, on May 11, 2023, by the following vote: Yeas 27, Nays
	3.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor