HB 71

89S20139 MCF-D
		By: Gervin-Hawkins
  H.B. No. 71
  A BILL TO BE ENTITLED
  AN ACT
  relating to emergency preparedness requirements for youth camps,
  camps, and entities that provide high-risk activities for minors;
  authorizing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 141, Health and Safety Code, is amended
  by adding Section 141.0052 to read as follows:
         Sec. 141.0052.  REQUIRED EMERGENCY PREPAREDNESS PLAN.  The
  department may not issue or renew a license for a youth camp under
  this chapter unless the youth camp operator provides to the
  department documentation showing the operator submitted to the
  Texas Division of Emergency Management an emergency preparedness
  plan as required by Section 761.003.
         SECTION 2.  Subtitle A, Title 9, Health and Safety Code, is
  amended by adding Chapter 761 to read as follows:
  CHAPTER 761.  YOUTH CAMPING AND ACTIVITY SAFETY
         Sec. 761.001.  DEFINITIONS.  In this chapter:
               (1)  "Camp" means a public or private entity, whether
  for profit or nonprofit, that provides recreational, athletic, or
  educational activities to minors who attend or temporarily reside
  at the camp. The term includes a day camp and a youth camp licensed
  under Chapter 141.
               (2)  "Division" means the Texas Division of Emergency
  Management.
               (3)  "High-risk activity" means an activity the
  division by rule classifies as a high-risk activity.
               (4)  "Operator" means a person who owns or operates a
  camp or a youth activity entity.
               (5)  "Youth activity entity" means a public or private
  entity, whether for profit or nonprofit, that provides
  opportunities for minors to engage in high-risk activities.
         Sec. 761.002.  EMERGENCY PREPAREDNESS STANDARDS.  (a)  The
  division, in collaboration with the Department of State Health
  Services, the Texas Commission on Fire Protection, and any other
  relevant state agency, by rule shall establish emergency
  preparedness standards and emergency coordination protocols for
  camps and youth activity entities.
         (b)  The emergency preparedness standards and emergency
  coordination protocols must require an operator of a camp or youth
  activity entity to:
               (1)  develop and submit to the division an emergency
  preparedness plan that meets the requirements of Section 761.003;
               (2)  conspicuously post throughout the camp or the
  location where the entity provides high-risk activities signs with
  information on the camp's or entity's emergency preparedness plan;
               (3)  coordinate with and provide to the local emergency
  medical services provider, the local sheriff's department, and the
  division the notice required under Section 761.004;
               (4)  certify to the division the operator maintains for
  the camp or location where the entity provides high-risk activities
  real-time communications capabilities, such as a radio or cellular
  telephone; and
               (5)  maintain clearly marked access routes for
  emergency responders entering the camp or location where the entity
  provides high-risk activities.
         Sec. 761.003.  EMERGENCY PREPAREDNESS PLAN.  (a)  The
  operator of a camp or youth activity entity shall develop and submit
  to the division in the form and manner the division prescribes a
  written emergency preparedness plan that:
               (1)  provides for the camp or location where the entity
  provides high-risk activities details about:
                     (A)  location-specific risks;
                     (B)  activity-based hazards; and
                     (C)  evacuation procedures;
               (2)  establishes emergency response responsibilities
  and assigns to camp or entity staff each identified responsibility;
               (3)  includes an on-site emergency readiness
  checklist; and
               (4)  includes any other information required by
  division rules.
         (b)  The division shall:
               (1)  review each emergency preparedness plan a camp or
  youth activity entity submits to the division; and
               (2)  on request of an operator provide feedback or
  technical support regarding the plan.
         Sec. 761.004.  COORDINATION WITH AND NOTICE TO FIRST
  RESPONDERS AND DIVISION STAFF.  (a)  For each scheduled session for
  a camp or a high-risk activity, the operator of the camp or youth
  activity entity shall coordinate with and provide the notice
  required by this section to the division's regional staff, the
  local emergency medical services provider, and the local sheriff's
  department.  The notice must include:
               (1)  the location of the applicable camp or activity;
               (2)  the dates during which campers or minors will be
  present for the camp or activity;
               (3)  the number of campers or minors and staff who will
  be present for the camp or activity;
               (4)  the contact information of at least one staff
  member who will be present at the camp or activity; and
               (5)  the camp's or activity location's emergency access
  points.
         (b)  The division by rule shall establish times for operators
  to provide the notice required by Subsection (a), which must be at
  least 14 days but not more than 30 days before the camp or high-risk
  activity is scheduled to begin.  The division may vary the times
  based on:
               (1)  the group size for the camp or high-risk activity;
               (2)  the risks involved in the specific activities the
  camp or entity provides to campers or minors;
               (3)  the remoteness of the camp's or activity's
  location; and
               (4)  any other factor the division determines is
  relevant.
         Sec. 761.005.  EMERGENCY READINESS TOOLKIT.  (a)  The
  division shall develop an emergency readiness toolkit that provides
  guidance for operators on preparing for and responding to
  emergencies at a camp or location of a high-risk activity.
         (b)  The division shall post the emergency readiness toolkit
  on the division's publicly available Internet website.
         Sec. 761.006.  CIVIL PENALTY.  (a)  The attorney general may
  bring an action for a civil penalty against an operator who violates
  this chapter or a rule adopted under this chapter.  A civil penalty
  assessed under this section must be in an amount not to exceed
  $1,000 for each violation.
         (b)  Each day a violation continues is a separate violation
  for purposes of imposing a civil penalty under this section.
         (c)  The attorney general may recover reasonable expenses
  incurred in bringing an action under this section, including court
  costs, reasonable attorney's fees, investigative costs, witness
  fees, and deposition costs.
         SECTION 3.  (a)  Not later than January 1, 2026, the Texas
  Division of Emergency Management shall adopt the rules required by
  Chapter 761, Health and Safety Code, as added by this Act.
         (b)  Notwithstanding Section 141.0052, Health and Safety
  Code, as added by this Act, and Chapter 761, Health and Safety Code,
  as added by this Act, an operator of a youth camp, camp, or youth
  activity entity is not required to comply with those provisions
  until March 1, 2026.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.