HEALTH & SAFETY CODE
SUBTITLE G. LICENSES
CHAPTER 141. YOUTH CAMPS
' 141.001. SHORT TITLE. This chapter may be cited as the
Texas Youth Camp Safety and
Health Act.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989.
' 141.002. DEFINITIONS. In this chapter:
(1) "Camper" means a minor who is
attending a youth camp on a day care or boarding basis.
(2) "Day camp" includes any camp that primarily operates during
any portion of the day between 7 a.m. and 10 p.m. for a period of four or more
consecutive days but may incidentally offer not more than two overnight
stays each camp session. The term does
not include a facility required to be licensed with the Department of
Protective and Regulatory Services.
(3) "Person" means an individual,
partnership, corporation, association, or organization.
(4) "Resident youth camp" includes any
camp that for a period of four or more days continuously provides residential
services, including overnight accommodations for the duration of the camp
session.
(5) "Youth camp" means a facility or
property, other than a facility required to be licensed by the Department of
Protective and Regulatory Services, that:
(A) has the general
characteristics of a day camp, resident camp, or travel camp;
(B) is used primarily or partially
for recreational, athletic, religious, or educational activities; and
(C) accommodates at least five
minors who attend or temporarily reside at the camp for all or part of
at least four days.
(6) "Youth camp operator" means a person who owns, operates,
controls, or supervises a youth camp, regardless of profit.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch.
251, ' 1, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 76, ' 8.076, eff. Sept. 1,
1995; Acts 2001,
77th Leg., ch. 1373, ' 1, eff. Sept. 1, 2001.
' 141.0021. EXEMPTION. This chapter does not apply to a
facility or program operated
by or on the campus of an institution
of higher education or a
private or independent institution of
higher education as those
terms are defined by Section 61.003,
Education Code, that is
regularly inspected by one or more local
governmental entities for
compliance with health and safety
standards.
Added by Acts 2003, 78th
Leg., ch. 1302, ' 1, eff. June 20, 2003.
' 141.003. LICENSE REQUIRED. A person may not own,
operate, control, or
supervise a youth camp unless the person:
(1) holds a license issued under this chapter for
that camp; and (2)
complies with this chapter and department rules and orders.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989.
(a) The board by rule shall
establish the amount of the fee for obtaining or renewing a license under this
chapter. The board shall set the fee in
a reasonable amount designed to recover the direct and indirect costs to the
department of administering and enforcing this chapter. The board may set fees in a different amount
for resident youth camps and day youth camps to reflect differences in the
costs of administering and enforcing this chapter for resident and day camps.
(b) Before adopting or amending a rule under
Subsection (a),
the board shall solicit
comments and information from the operators
of affected youth camps and
allow affected youth camp operators the
opportunity to meet with
appropriate department staff who are
involved with the rulemaking
process.
Added by Acts 2003, 78th
Leg., ch. 1110, ' 1, eff. Sept. 1, 2003.
' 141.004. LICENSE
APPLICATION AND ISSUANCE.
(a) To obtain a license, a
person must submit a license application
accompanied by a license fee
in an amount set by the board.
(b) On receiving a license application, the
department shall inspect the applicant's facilities, operations, and premises
and shall issue a license to each applicant who will operate a youth camp in
accordance with this chapter and rules adopted under this chapter.
(c) The department shall issue serially numbered
licenses.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch.
251, ' 2, eff. Sept. 1, 1991; Acts
2003, 78th Leg., ch. 1110, ' 2, eff. Sept. 1, 2003.
(a) A person holding a
license issued under this chapter must renew the license annually by submitting
a renewal application on a date determined by board rule on a form provided by
the department.
(b) The application must be accompanied by a
renewal fee in an amount set by the board.
(c) The department may not renew the license of a
youth camp which has not corrected deficiencies before the application for
renewal is submitted. The board shall
adopt substantive and procedural rules for the submission by a youth camp
operator of evidence that a deficiency or deficiencies have been corrected.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch.
251, ' 3, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1373, ' 2, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 1110, ' 3, eff. Sept. 1, 2003.
' 141.006. PRINCIPAL
AUTHORITY FOR YOUTH CAMPS. The
department is the principal authority on matters relating to health and safety
conditions at youth camps. In addition
to the powers and duties established by this chapter, the department has any
other powers necessary and convenient to carry out its responsibilities under
this chapter.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989.
(a) An employee or agent of
the department may enter any property for which a license is issued under this
chapter, property for which a license application to operate a youth camp is
pending, or property on which a youth camp is in operation to investigate and
inspect conditions relating to the health and safety of the campers.
(b) An employee or agent who enters a youth camp
to investigate and inspect conditions shall notify the person in charge of the
camp of the inspector's presence and shall present proper credentials. The department may exercise the remedies
authorized by Section 141.014(b) if the employee or agent is not allowed to
enter.
(c) The department may prescribe reasonable
record-keeping
requirements for licensed
youth camps, including a requirement that
the youth camp keep records
relating to matters involving the health and safety of campers. An employee or agent of the department may
examine, during regular business hours, any records relating to the health and
safety of campers.
(d) An employee or agent of the department who
enters a youth camp to investigate and inspect conditions shall:
(1) notify the person
in charge of the camp or the person's designee of any violations as they are
discovered; and
(2) allow the camp to
correct the violations while the
investigation and inspection
is occurring.
(e) The department may not extend or delay an
investigation or inspection to allow the youth camp to correct a violation under
Subsection (d)(2).
(f) An employee or agent of the department
performing an investigation and inspection under this section may not report a
violation that is significant under the department's rules if the violation is
corrected during the investigation and inspection.
(g) A penalty may not be imposed on a youth camp
for a violation that is significant under the department's rules if the
violation is corrected during an investigation and inspection under this
section.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch.
636, ' 1, eff. Sept. 1, 2003.
' 141.008. ADOPTION OF RULES; EXEMPTION FROM
APPLICATION OF CERTAIN RULES.
(a) The board may adopt
rules to implement this chapter. In
adopting the rules the board shall comply with Subchapter B, Chapter 2001,
Government Code, including Sections 2001.032(b) and 2001.033, Government
Code. In developing the rules, the board
shall consult parents, youth camp operators, and appropriate public and private
officials and organizations.
(b) A youth camp operator may grant an exemption
from compliance with a rule that requires physical examinations or inoculations
for children or staff if the exemption is requested on the grounds of religious
convictions.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch.
636, ' 2, eff. Sept. 1, 2003.
' 141.009. STANDARDS.
The board by rule
shall establish health and safety standards for youth camps. The standards may relate to:
(1) adequate and proper supervision at all times
of camp activities;
(2) qualifications for directors, supervisors,
and staff and sufficient numbers of
those persons;
(3) proper safeguards for sanitation and public
health;
(4) adequate medical services for personal health
and first aid;
(5) proper procedures for food preparation,
handling,and mass feeding;
(6) healthful and sufficient water supply;
(7) proper waste disposal;
(8) proper water safety procedures for swimming
pools, lakes, and
waterways;
(9) safe boating equipment;
(10) proper maintenance and
safe use of motor vehicles;
(11) safe buildings and
physical facilities;
(12) proper fire
precautions;
(13) safe and proper
recreational and other equipment;
(14) proper regard for density and use of the
premises; and
(15) records of criminal convictions of camp
personnel.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch.
1373, ' 3, eff. Sept. 1, 2001.
' 141.0095. TRAINING AND EXAMINATION PROGRAM.
(a) A person holding a license issued under this
chapter may not employ or accept the volunteer service of an individual for a
position involving contact with campers at a youth camp unless:
(1) the individual submits to the person or the
youth camp has on file documentation that verifies the individual within the
preceding two years successfully completed the training and examination program
required by this section; or
(2) the individual successfully completes the
youth camp's training and examination program, which must be approved by the
department as required by this section, during the individual's first workweek
and the youth camp issues and files documentation verifying that fact.
(b) A person holding a license issued under this chapter must retain in the
person's records a copy of the documentation required or issued under
Subsection (a) for each employee or volunteer until the second anniversary of
the examination date.
(c) A person applying for or holding an employee or volunteer position
involving contact with campers at a youth camp must successfully complete the
training and examination program on sexual abuse and child molestation required
by this section during the applicable period described by Subsection (a).
(d) In accordance with this section and the
criteria and guidelines developed by the training advisory committee established
under Section 141.0096, the executive commissioner of the Health and Human
Services Commission by rule shall establish criteria and guidelines for
training and examination programs on sexual abuse and child molestation. The department may approve training and
examination programs offered by trainers under contract with youth camps or by
online training organizations or may approve programs offered in another format
authorized by the department.
(e) A training and examination program on sexual abuse and child
molestation approved by the department must include training and an examination
on:
(1) the definitions and effects of
sexual abuse and child molestation;
(2) the typical patterns of behavior
and methods of operation of child molesters and sex offenders that put children
at risk;
(3) the warning signs and symptoms
associated with sexual abuse or child molestation, recognition of the signs and
symptoms, and the recommended methods of reporting suspected abuse; and
(4) the recommended rules and
procedures for youth camps to implement to address, reduce, prevent, and report
suspected sexual abuse or child molestation.
(f) The department may assess a fee in the amount
necessary to cover the costs of administering this section to each person that
applies for the department's approval of a training and examination program on
sexual abuse and child molestation under this section.
(g) The department at least every five years
shall review each training and examination program on sexual abuse and child
molestation approved by the department to ensure the program continues to meet
the criteria and guidelines established by rule under this section.
Added by Acts 2005, 79th
Leg., ch. 860, ' 1, eff. Sept. 1, 2005.
' 141.0096. TRAINING ADVISORY COMMITTEE.
(a) The department shall
appoint a training advisory committee to advise the department and the
executive commissioner of the Health and Human Services Commission in the
development of criteria and guidelines for the training and examination program
on sexual abuse and child molestation required under Section 141.0095 and to
perform any other functions requested by the department.
(b) The training advisory committee consists of
not more than nine members selected by the commissioner of state health
services as follows:
(1) at least two
members who represent the general public;
and
(2) other members, who
include experienced camping professionals representing the camping communities
of this state,
representatives of youth
camps selected by the department, and
representatives of the
Council on Sex Offender Treatment established under Chapter 110, Occupations
Code.
(c) The training advisory committee shall meet at
the call of the commissioner of state health services.
(d) The training advisory committee may elect a
chair, vice chair, and secretary from among its members and may adopt rules for
the conduct of its own activities.
(e) An advisory committee member may not receive
compensation or reimbursement of expenses for serving on the advisory
committee.
Added by Acts 2005, 79th
Leg., ch. 860, ' 1, eff. Sept. 1, 2005.
' 141.010. ADVISORY COMMITTEE.
(a) The board shall appoint
a committee to advise the board in the development of standards and procedures,
make recommendations to the board regarding the content of the rules adopted to
implement this Act,
and perform any other
functions requested by the board in the
implementation and
administration of the Act.
(b) The advisory committee may not exceed nine
members, at least two of whom shall be members of the general public. The other members should be experienced
camping professionals who represent the camping communities of the state. In making the appointments, the board shall
attempt to reflect the geographic diversity of the state in proportion to the
number of camps licensed by the department in each geographic area of the
state.
(c) Advisory committee members serve for
staggered six-year terms, with the terms of three members expiring on August 31
of each odd-numbered year.
(d) A vacancy on the advisory committee is filled
by the board in the same manner as other appointments to the advisory
committee.
(e) The advisory committee will meet annually and
at the call of the commissioner.
(f) The advisory committee may elect a
chairperson, vice-chairperson, and secretary from among its members and may
adopt rules for the conduct of its own activities.
Added by Acts 1991, 72nd
Leg., ch. 251, ' 4, eff. Sept. 1, 1991.
Amended by Acts 2003, 78th
Leg., ch. 636, ' 3, eff. Sept. 1,
2003.
' 141.011. OPERATOR'S DUTY. A youth camp operator shall provide each
camper with safe and healthful conditions, facilities, and equipment that are
free from recognized hazards that cause or may tend to cause death, serious
illness, or bodily harm.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989.
Renumbered from ' 141.010 by Acts 1991, 72nd
Leg., ch. 251, '
4, eff. Sept. 1, 1991.
' 141.012. LICENSE REVOCATION.
(a) If the department finds
that a violation of this chapter or a rule adopted under this chapter has
occurred or is occurring at a youth camp for which a license has been issued,
the department shall give written notice to the licensee setting forth the
nature of the violation and
demanding that the violation
cease.
(b) The department may initiate proceedings to
revoke the license if the licensee refuses or fails to comply with the notice
in the time and manner directed in the notice.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989.
Renumbered from ' 141.011 by Acts 1991, 72nd
Leg., ch. 251, '
4, eff. Sept. 1, 1991.
(a) The board may:
(1) call and conduct
hearings;
(2) administer
oaths;
(3) receive
evidence;
(4) issue subpoenas
for witnesses, papers, and documents related to the hearing; and
(5) make findings of
fact and decisions concerning the
administration of this
chapter and rules adopted under this
chapter.
(b) The board may delegate the authority to call
and conduct
hearings to employees of the
department.
(c) Reasonable notice of the hearing shall be
given to all
involved parties.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989.
Renumbered from ' 141.012 by Acts 1991, 72nd
Leg., ch. 251, '
4, eff. Sept. 1, 1991.
' 141.014. JUDICIAL
REVIEW. A person affected by a ruling,
order, or other act of the department may appeal the action.
Acts 1989, 71st Leg., ch. 678,
' 1, eff. Sept. 1, 1989.
Renumbered from ' 141.013 by Acts 1991, 72nd
Leg., ch. 251, '
4, eff. Sept. 1, 1991.
' 141.015. CIVIL PENALTY; INJUNCTION.
(a) A person who violates
this chapter or a rule or order adopted under this chapter is subject to a
civil penalty of not less than $50 or more than $1,000 for each act of
violation.
(b) If it appears that a person has violated, is
violating, or is threatening to violate this chapter or a rule or order adopted
under this chapter, the department may bring a civil action in a district court
for:
(1) injunctive relief
to restrain the person from continuing the violation or threat of violation;
(2) the assessment of
a civil penalty; or
(3) both injunctive
relief and a civil penalty.
(c) The district court, on a finding that the
person is violating this chapter or a rule or order adopted under this chapter,
shall grant the injunctive relief, assess a civil penalty, or both, as warranted
by the facts.
(d) The department may petition a district court
for a temporary restraining order to immediately halt a violation or other
action creating an emergency condition if it appears that a person:
(1) is violating or
threatening to violate this chapter or a rule or order adopted under this
chapter; or
(2) is taking any
other action that creates an emergency condition that constitutes an imminent
danger to the health, safety, or welfare of campers at a youth camp.
(e) An action for injunctive relief, recovery of
a civil penalty, or both, may be brought in the county in which the defendant
resides or in which the violation or threat of violation occurs.
(f) In an action for injunctive relief under this
section, the court may grant any prohibitory or mandatory injunction warranted
by the facts, including temporary restraining orders, temporary injunctions,
and permanent injunctions. The court
shall grant injunctive relief without a bond or other undertaking by the
department.
(g) An appellate court shall give precedence to
an action brought under this section over other cases of a different nature on
the docket of the court.
(h) A civil penalty recovered in an action
brought by the department under this chapter shall be deposited to the credit
of the youth camp health and safety fund.
Acts 1989, 71st Leg., ch.
678, ' 1, eff. Sept. 1, 1989.
Renumbered from ' 141.014 by Acts 1991, 72nd
Leg., ch. 251, '
4, eff. Sept. 1, 1991.
' 141.016. ADMINISTRATIVE PENALTY.
(a) The commissioner may assess
an administrative penalty if a person violates this Act or a rule or order
adopted or license issued under this Act.
(b) In determining the amount of the penalty, the
commissioner shall consider:
(1) the person's
previous violations;
(2) the seriousness of
the violation;
(3) any hazard to the
health and safety of the public;
(4) the person's
demonstrated good faith; and
(5) such other matters
as justice may require.
(c) The penalty may not exceed $1,000 a day for
each violation.
(d) Each day a violation continues may be
considered a separate violation.
Added by Acts 1991, 72nd
Leg., ch. 251, ' 5, eff. Sept. 1, 1991.
Amended by Acts 2001, 77th
Leg., ch. 1373, ' 4, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 636, ' 4, eff. Sept. 1, 2003.
' 141.017. ADMINISTRATIVE PENALTY ASSESSMENT
PROCEDURE.
(a) An administrative
penalty may be assessed only after a person charged with a violation is given
an opportunity for a hearing.
(b) If a hearing is held, the commissioner shall
make findings of fact and shall issue a written decision regarding the
occurrence of the violation and the amount of the penalty that may be
warranted.
(c) If the person charged with the violation does
not request a hearing, the commissioner may assess a penalty after determining
that a violation has occurred and the amount of the penalty that may be
warranted.
(d) After making a determination under this
section that a penalty is to be assessed against a person, the commissioner
shall issue an order requiring that the person pay the penalty.
(e) The commissioner may consolidate a hearing
held under this section with another proceeding.
Added by Acts 1991, 72nd
Leg., ch. 251, ' 5, eff. Sept. 1, 1991.
' 141.018. PAYMENT OF ADMINISTRATIVE PENALTY.
(a) Not later than the 30th
day after the date an order finding that a
violation has occurred is
issued, the commissioner shall inform the
person against whom the
order is issued of the amount of the penalty
for the violation.
(b) Not later than the 30th day after the date on
which a decision or order charging a person with a penalty is final, the person
shall:
(1) pay the penalty in
full; or
(2) if the person
seeks judicial review of the amount of the penalty, the fact of the violation,
or both:
(A) send the
amount of the penalty to the commissioner for placement in an escrow
account; or
(B) post with
the commissioner a bond for the amount of the penalty.
(c) A bond posted under this section must be in a
form approved by the commissioner and be effective until all judicial review of
the order or decision is final.
(d) A person who does not send money to the
commissioner or post the bond within the period prescribed by Subsection (b)
waives all rights to contest the violation or the amount of the penalty.
Added by Acts 1991, 72nd
Leg., ch. 251, ' 5, eff. Sept. 1, 1991.
' 141.019. REFUND OF ADMINISTRATIVE PENALTY. Not later than the 30th day after the date of
a judicial determination that an administrative penalty against a person should
be reduced or not assessed, the commissioner shall:
(1) remit to the person the appropriate amount of
any penalty payment plus accrued interest;
or
(2) execute a release of the bond if the person
has posted a bond.
Added by Acts 1991, 72nd
Leg., ch. 251, ' 5, eff. Sept. 1, 1991.
' 141.020. RECOVERY OF ADMINISTRATIVE PENALTY BY
ATTORNEY GENERAL. The attorney general
at the request of the commissioner may bring a civil action to recover an
administrative penalty under this chapter.
Added by Acts 1991, 72nd
Leg., ch. 251, ' 5, eff. Sept. 1, 1991.