Bill: HB 1676, 87(R) - 2021

Bill Caption

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

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

HB 1676 would require an organization licensed by the Health and Human Services Commission (including a school, preschool, kindergarten, nursery school, or day camp or youth camp or any other facility providing licensed child-care services) that takes a child in its care or under its supervision to a body of water to: 

• require the child's parent or legal guardian to affirm in writing the child's ability to swim or whether the child is at risk of injury or death when swimming; and 
• if the organization does not own or operate the body of water, provide the owner or operator of the body of water a written or electronic disclosure that clearly identifies each child who is unable to swim or is at risk when swimming. 

During the time each child who is unable to swim or at risk when swimming has access to a body of water, within a fenced-in area, or within 100 feet of a body of water without a fence; the organization would be required to:

• provide the child flotation devices appropriate for the body of water; and
• ensure the child is wearing the appropriate personal flotation device and it is properly fitted to the child. 

Organizations would not have to require flotation devices if the child is participating in swim instruction and the organization ensures that each child participating is closely supervised. 

Vote Recommendation Notes

Texas Action is neutral on HB 1676. While this bill technically adds new regulation for applicable organizations to comply with, the regulations do not appear to be overly burdensome.