HB3496 - Relating to the authority of the Texas Department of Insurance to publish and maintain a list of certain ready-to-swim programs.

  89R3161 KKR-F     By: Oliverson H.B. No. 3496       A BILL TO BE ENTITLED   AN ACT   relating to the authority of the Texas Department of Insurance to   publish and maintain a list of certain ready-to-swim programs.          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. READY-TO-SWIM PROGRAMS           Sec. 761.001.  DEFINITIONS. In this chapter:                 (1)     "Basic water safety skills" means the skills   required to independently enter the water, surface from under the   water, turn around in the water, propel through the water for a   distance of at least 25 yards, float on or tread water, and exit the   water.                 (2)     "Beginner-level student" means a student who does   not demonstrate basic water safety skills.                 (3)     "Commissioner" means the commissioner of   insurance.                 (4)     "Department" means the Texas Department of   Insurance.                 (5)     "Instructor" means an individual who for   compensation provides swim instruction directly to students on   behalf of an operator of a ready-to-swim program.                 (6)     "Operator" means an individual, company,   corporation, partnership, limited liability corporation, nonprofit   organization, community organization, or municipality that   provides or offers to provide a ready-to-swim program for   compensation.                 (7)     "Ready-to-swim program" means a program that   provides swim instruction to students.                 (8)     "Student" means an individual who receives swim   instruction from a ready-to-swim program.                 (9)     "Swim instruction" means the in-water educational   process of teaching an individual to swim.           Sec.   761.002.     READY-TO-SWIM PROGRAM LIST. The department   shall publish and maintain on the department's Internet website a   list of ready-to-swim programs that:                 (1)  provide swim instruction to a student; and                 (2)     biennially submit a written verification to the   department in accordance with Sections 761.003 and 761.004.           Sec.   761.003.     REQUIRED SUBMISSION OF WRITTEN VERIFICATION   FOR INCLUSION ON READY-TO-SWIM PROGRAM LIST. (a) For inclusion on   the list the department maintains under Section 761.002, the   operator of a ready-to-swim program must submit to the department,   in the form and manner prescribed by commissioner rule, a written   verification stating the program:                 (1)     maintains policies and procedures to protect   students, including policies and procedures that require, during   the provision of swim instruction:                       (A)     the program to maintain the following   instructor-to-student ratios:                             (i)     at least one instructor for every four   students who are younger than six years of age or are beginner-level   students without a parent or other responsible adult present in the   water with each student at all times during instruction;                             (ii)     at least one instructor for every 10   students who are younger than six years of age or are beginner-level   students if a parent or other responsible adult is present in the   water with each student at all times during the instruction;                             (iii)     at least one instructor for every six   students who are younger than six years of age and are able to   independently demonstrate basic water safety skills;                             (iv)     at least one instructor for every   eight students who are at least six years of age but younger than 18   years of age; and                             (v)     at least one instructor for every 10   students who are at least 18 years of age;                       (B)     an individual to monitor the swim instruction   with ready access to a rescue tube or ring buoy, a first aid kit, and   a resuscitation mask, provided the individual is:                             (i)     a certified lifeguard, including a   lifeguard for the swimming pool at the location the program is   providing instruction;                             (ii)     a program instructor or assistant   instructor who is not actively providing swim instruction; or                             (iii)  a responsible adult;                       (C)     at least one individual who holds   certifications in cardiopulmonary resuscitation, automated   external defibrillator use, and first aid issued by an accredited   entity to be present at the location where the program operates;                       (D)     the program to maintain, replenish as   necessary, and ensure easy access to lifesaving equipment and first   aid supplies, including:                             (i)  a rescue tube or ring buoy;                             (ii)  a reaching pole or shepherd's crook;                             (iii)  a spine board;                             (iv)     an automated external defibrillator,   as defined by Section 779.001;                             (v)  resuscitation masks; and                             (vi)  gloves;                       (E)     each program instructor to successfully   complete at least 40 hours of formal training on:                             (i)     proper supervision of students during   swim instruction;                             (ii)     child development in relation to swim   instruction;                             (iii)  the provision of first aid;                             (iv)  bloodborne pathogens;                             (v)  abuse prevention; and                             (vi)     the program's emergency action plan   maintained under Subdivision (2); and                       (F)     the program to allow parents and caregivers   to be present and in view of students;                 (2)     maintains an emergency action plan tailored to the   program's operations for responding to incidents arising from swim   instruction;                 (3)     conducts a criminal background check on each of   the program's operators and a criminal history record check on each   program employee who is 18 years of age or older before the employee   engages in any program activity; and                 (4)     maintains liability insurance under a policy   issued by an insurance company authorized to conduct business in   this state organized or operating under Chapter 841, 881, 882, 884,   885, 886, or 887, Insurance Code, insuring the operator of the   program against liability for injury to individuals arising out of   the operation of the program, including the provision of swim   instruction to students.           (b)     A ready-to-swim program's written verification expires   on the second anniversary of the date the department receives the   verification.           Sec.   761.004.     RENEWAL OF WRITTEN VERIFICATION. (a) A   ready-to-swim program must biennially submit to the department a   written verification described by Section 761.003 to renew the   program's inclusion on the list the department maintains under   Section 761.002.           (b)     If the department does not receive a ready-to-swim   program's written verification for renewal on or before the   expiration date of the program's current written verification, the   department shall remove the ready-to-swim program from the list the   department maintains under Section 761.002.           Sec.   761.005.     PERIODIC REVIEW OF READY-TO-SWIM PROGRAM   SAFETY REQUIREMENTS.   (a)   At least once every five years the   commissioner shall review, and as necessary by rule update, the   policy and procedure requirements included in Section 761.003(a)   that a ready-to-swim program must meet for inclusion on the list the   department maintains under Section 761.002 to ensure the   requirements reflect any changes in national safety standards for   ready-to-swim programs.           (b)     In reviewing the policy and procedure requirements   under Subsection (a), the commissioner may consult with   organizations recognized as authorities on water safety, including   the:                 (1)  Centers for Disease Control and Prevention;                 (2)  United States Swim School Association;                 (3)  National Drowning Prevention Alliance;                 (4)  American Red Cross; or                 (5)  YMCA.           Sec.   761.006.     RULES. The commissioner shall adopt the   rules necessary to implement this chapter.          SECTION 2.  As soon as practicable after the effective date   of this Act, the commissioner of insurance shall adopt rules   nec [Text truncated for display. Full text available on Congress.gov.]