88S30005 KKR-D
	By: Oliverson	H.B. No. 19

Statutes affected:
Introduced: ()

	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 swim schools.
	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. SWIM SCHOOLS
	Sec. 761.001.  DEFINITIONS. In this chapter:
	(1)  "Commissioner" means the commissioner of
	insurance.
	(2)  "Department" means the Texas Department of
	Insurance.
	(3)  "Instructor" means an individual who for
	compensation provides swim instruction directly to students on
	behalf of a swim school.
	(4)  "Student" means a child younger than 18 years of
	age who receives swim instruction from a swim school.
	(5)  "Swim instruction" means the in-water educational
	process of teaching an individual to swim.
	(6)  "Swim school" means a company, corporation,
	partnership, or limited liability corporation that employs two or
	more employees and provides or offers to provide swim instruction
	for compensation.
	Sec. 761.002.  SWIM SCHOOL LIST. The department shall
	publish and maintain on the department's Internet website a list of
	swim schools that:
	(1)  provide swim instruction to a student; and
	(2)  annually 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 SWIM SCHOOL LIST. (a) For inclusion on the list
	maintained by the department under Section 761.002, a swim school
	that provides swim instruction to a student shall submit to the
	department, in the form and manner prescribed by department rule, a
	written verification stating the school:
	(1)  maintains policies and procedures to protect
	children who receive swim instruction at the school, including
	policies and procedures that require:
	(A)  the school to maintain an
	instructor-to-student ratio of at least one instructor for every
	six students during the provision of beginner or intermediate level
	swim instruction, unless a parent or other responsible adult is
	present in the water with a student at all times during instruction;
	(B)  at least one individual who holds
	certifications in cardiopulmonary resuscitation and first aid
	issued by an accredited entity to be present at the school during
	the provision of swim instruction; and
	(C)  the school 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)  breathing masks; and
	(vi)  gloves;
	(2)  maintains an emergency action plan tailored to the
	school's operations for responding to incidents arising from swim
	instruction;
	(3)  conducts a criminal background check on each of
	the school's owners and a criminal history record check on each
	school employee who is 18 years of age or older; and
	(4)  maintains liability insurance under a policy
	issued by an insurance company authorized to conduct business in
	this state or by a surplus lines insurer, as defined by Chapter 981,
	Insurance Code, or under an independently procured policy subject
	to Chapter 101, Insurance Code, insuring the owner of the swim