CHAPTER 141. YOUTH CAMPS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE G. LICENSES

CHAPTER 141. YOUTH CAMPS

Sec. 141.001. SHORT TITLE. This chapter may be cited as the

Texas Youth Camp Safety and Health Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 251, Sec. 1, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 8.076, eff. Sept. 1,

1995; Acts 2001, 77th Leg., ch. 1373, Sec. 1, eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. June 20,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 141.0035. LICENSE FEES. (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, Sec. 1, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 251, Sec. 2, eff. Sept. 1,

1991; Acts 2003, 78th Leg., ch. 1110, Sec. 2, eff. Sept. 1, 2003.

Sec. 141.005. LICENSE RENEWAL. (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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 251, Sec. 3, eff. Sept. 1,

1991; Acts 2001, 77th Leg., ch. 1373, Sec. 2, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1110, Sec. 3, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 141.007. INSPECTIONS. (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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 636, Sec. 1, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2003, 78th Leg., ch. 636, Sec. 2, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 1373, Sec. 3, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. September 1, 2005.

Sec. 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, Sec. 4, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 636, Sec. 3, eff.

Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Sec. 141.010 by Acts 1991, 72nd Leg., ch. 251,

Sec. 4, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Sec. 141.011 by Acts 1991, 72nd Leg., ch. 251,

Sec. 4, eff. Sept. 1, 1991.

Sec. 141.013. BOARD HEARINGS. (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, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Sec. 141.012 by Acts 1991, 72nd Leg., ch. 251,

Sec. 4, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Sec. 141.013 by Acts 1991, 72nd Leg., ch. 251,

Sec. 4, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Sec. 141.014 by Acts 1991, 72nd Leg., ch. 251,

Sec. 4, eff. Sept. 1, 1991.

Sec. 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, Sec. 5, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 1373, Sec. 4, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 636, Sec. 4, eff. Sept.

1, 2003.

Sec. 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, Sec. 5, eff. Sept. 1,

1991.

Sec. 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, Sec. 5, eff. Sept. 1,

1991.

Sec. 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, Sec. 5, eff. Sept. 1,

1991.

Sec. 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, Sec. 5, eff. Sept. 1,

1991.