2005 Texas Health & Safety Code CHAPTER 141. YOUTH CAMPS

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.                    


	§ 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, § 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.


	§ 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, § 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.                    


	§ 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, § 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.


	§ 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, § 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.