SB 63

relating to the licensing and regulation of child swim instruction
operators; requiring an occupational license; 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 761 to read as follows:
CHAPTER 761.  REGULATION OF SWIM INSTRUCTION OPERATORS
SUBCHAPTER A.  GENERAL PROVISIONS
Sec. 761.001.  SHORT TITLE.  This chapter may be cited as the
Mitchell Chang Swim Safety Act.
Sec. 761.002.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission of
(2)  "Controlling person" means a person listed in
Section 51.409(a)(5), Occupations Code.
(3)  "Department" means the Texas Department of
(4)  "Executive director" means the executive director
(5)  "Instructor" means an individual who for
compensation provides swim instruction directly to students on
(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
(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
(B)  a critical injury of a student; and
(C)  an illness of a student that requires
(8)  "Student" means a child who is younger than seven
(9)  "Swim instruction" means the in-water educational
process of teaching an individual to swim.
Sec. 761.003.  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
(b)  This chapter does not apply to swim instruction provided
(1)  a youth camp licensed under Chapter 141;
(2)  a child-care facility licensed under Chapter 42,
(3)  a political subdivision as defined by Section
172.003, Local Government Code.
SUBCHAPTER B.  COMMISSION AND DEPARTMENT POWERS AND DUTIES
Sec. 761.051.  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:
(2)  qualifications for an operator's license;
(3)  requirements to renew an operator's license; and
(4)  minimum safety and training requirements.
Sec. 761.052.  FEES.  The commission by rule shall set fees
in the amounts reasonable and necessary to cover the costs of
Sec. 761.053.  PUBLIC ACCESS TO INSPECTION REPORTS.  An
operator shall make available to the public on request a copy of any
inspection report issued to the operator by the department until at
least the second anniversary of the date of the report.
SUBCHAPTER C.  LICENSE REQUIREMENTS
Sec. 761.101.  LICENSE REQUIRED.  A person may not operate as
a swim instruction operator unless the person holds a license
Sec. 761.102.  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
(b)  The department shall issue an operator's license to an
(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. 761.103.  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
(1)  submits a completed renewal application and the
(2)  complies with this chapter and rules adopted under
Sec. 761.104.  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. 761.151.  MINIMUM SAFETY REQUIREMENTS.  The commission
by rule shall establish minimum safety requirements for operators,
(1)  instructor-to-student ratios during the provision
(2)  instructor training and certification; and
(3)  available and operational automated external
defibrillators, as defined by Section 779.001.
Sec. 761.152.  CERTIFICATION AND TRAINING REQUIREMENTS.  (a)
Each manager and instructor for the operator must hold:
(1)  a certification 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
whose swim instructor training standards are 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
(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
Sec. 761.153.  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
Sec. 761.154.  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
(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.
Sec. 761.201.  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
(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. 761.202.  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.  (a)  Not later than March 1, 2025, the Texas
Commission of Licensing and Regulation shall adopt rules necessary
to implement Chapter 761, Health and Safety Code, as added by this
(b)  A person is not required to hold a license issued under
Chapter 761, Health and Safety Code, as added by this Act, until
(c)  This section takes effect September 1, 2025.
SECTION 3.  Except as provided by Section 2 of this Act, this
Act takes effect September 1, 2026.