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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of youth camps. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.002, Health and Safety Code, is |
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amended by adding Subdivisions (2-a), (4-a), and (4-b) and amending |
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Subdivision (5) to read as follows: |
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(2-a) "Hazardous activity" includes waterfront |
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activities, archery, horseback riding, challenge courses, riflery, |
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and other activities that require special technical skills, |
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equipment, or safety regulations. |
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(4-a) "Short-term camp" includes any camp not operated |
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as part of a child care facility required to be licensed with the |
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Department of Family and Protective Services, operates for at least |
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14 days, consecutively or nonconsecutively, each year, and: |
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(A) operates during any portion of the day |
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between 7 a.m. and 10 p.m.; or |
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(B) provides residential services, including |
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overnight accommodations for all or part of the camp session. |
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(4-b) "Waterfront activity" means a recreational or |
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instructional activity occurring in, on, or near a waterfront and |
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includes swimming, boating, waterskiing, scuba diving, rafting, |
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tubing, synchronized swimming, and sailing. |
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(5) "Youth camp" means a facility or property, not |
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operated as part of a child care facility [other than a facility] |
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required to be licensed by the Department of Family and Protective |
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[and Regulatory] Services, that: |
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(A) has the general characteristics of a day |
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camp, short-term camp, resident camp, or travel camp; |
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(B) is used primarily or partially to provide one |
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or more [for] recreational, athletic, religious, or educational |
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activities primarily in an outdoor environment; and |
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(C) accommodates at least five minors who attend |
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or temporarily reside at the camp: |
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(i) for all or part of at least four days; |
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or |
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(ii) for one or more days if the camp is a |
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short-term camp. |
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SECTION 2. Chapter 141, Health and Safety Code, is amended |
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by adding Section 141.0071 to read as follows: |
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Sec. 141.0071. GENERAL INVESTIGATIVE AUTHORITY. |
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(a) The department may conduct any inspection or cause the |
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production of any documentary or other evidence that the department |
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considers to be necessary to determine whether the license should |
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be: |
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(1) issued, renewed, delayed, or denied; or |
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(2) modified or revoked. |
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(b) The department may require additional written |
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information and assurances from the applicant or license holder at |
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any time after the filing of an application for a license and before |
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the expiration of the license. |
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SECTION 3. Chapter 141, Health and Safety Code, is amended |
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by adding Section 141.0072 to read as follows: |
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Sec. 141.0072. INTERFERENCE WITH INVESTIGATION OR |
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INSPECTION; COURT ORDER. (a) A person may not interfere with an |
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investigation or inspection of a youth camp conducted by the |
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department under this chapter. |
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(b) During an investigation or inspection of a youth camp |
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under this chapter, the youth camp shall cooperate with the |
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department and allow the department to: |
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(1) access the records of the youth camp; |
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(2) access any part of the premises of the youth camp; |
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and |
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(3) interview any employee or other person who is |
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present at the youth camp and who may have information relevant to |
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the investigation or inspection. |
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(c) If access to the records or premises of the youth camp |
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cannot be obtained, a district court in Travis County or in the |
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county in which the youth camp is located, for good cause shown and |
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without prior notice or a hearing, shall issue an order granting the |
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department access to the records or premises in order to conduct the |
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inspection, investigation, or interview. |
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(d) To assist the department in investigating whether a |
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person is operating a youth camp without a required license, a |
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district court in Travis County or in the county in which the |
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suspected youth camp is located may, for good cause shown and |
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without prior notice or a hearing, issue an order allowing the |
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department to enter the suspected youth camp at a time when the |
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department's evidence shows that the suspected youth camp may be |
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providing services subject to regulation under this chapter. |
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SECTION 4. Section 141.009, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 141.009. STANDARDS. (a) The executive commissioner |
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of the Health and Human Services Commission in conjunction with |
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stakeholders as defined in Sec. 141.008 [board] by rule shall |
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establish health and safety standards for youth camps. |
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(b) The standards may relate to: |
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(1) adequate and proper supervision at all times of |
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camp activities; |
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(2) qualifications for directors, supervisors, and |
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staff and sufficient numbers of those persons; |
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(3) proper safeguards for sanitation and public |
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health; |
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(4) adequate medical services for personal health and |
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first aid; |
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(5) proper procedures for food preparation, handling, |
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and mass feeding; |
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(6) healthful and sufficient water supply; |
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(7) proper waste disposal; |
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(8) proper water safety procedures for waterfront |
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activities, swimming pools, lakes, and waterways; |
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(9) safe boating equipment; |
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(10) proper maintenance and safe use of motor |
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vehicles, including rules ensuring the safe transportation of |
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children by employees of a youth camp; |
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(11) safe buildings and physical facilities; |
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(12) proper fire precautions; |
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(13) safe and proper recreational and other equipment; |
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(14) proper regard for density and use of the |
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premises; and |
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(15) records of criminal convictions of camp |
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personnel. |
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SECTION 5. Chapter 141, Health and Safety Code, is amended |
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by adding Section 141.0094 to read as follows: |
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Sec. 141.0094. LIABILITY INSURANCE. A youth camp that |
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allows campers to engage in a hazardous activity shall maintain |
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liability insurance coverage in the amount of at least $300,000 for |
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each occurrence of injury. An insurance policy or contract |
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required under this section must cover an injury to a child that |
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occurs while the child is in the care of the youth camp: |
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(a) on the premises of the youth camp, |
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(b) off the premises of the youth camp, and |
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(c) in or on a motor vehicle, boat, amusement ride, horse, |
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or otherwise in transit. |
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SECTION 6. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt rules to implement the |
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changes in law made by this Act as soon as practicable. |
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(b) The changes in law made by this Act apply to a license to |
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operate a youth camp initially issued or renewed on or after the |
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effective date of this Act. A license to operate a youth camp |
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issued or renewed before the effective date of this Act is governed |
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by the law in effect on the date the license was issued or renewed, |
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and the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |