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.
§ 141.010. 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.
