|(a) License required. A person shall possess a valid
youth camp license prior to operating a youth camp.
(1) Submitting an application. An application is made
(A) a completed youth camp application;
(B) an activity schedule showing dates and detailed
information about the activities that are conducted both at the camp
and at other locations;
(C) any other requested documents and information;
(D) paying the license fee as described in §265.28
of this title (relating to Fees).
(2) Obtaining an application. A blank application may
be obtained by calling the Environmental and Sanitation Licensing
Group at (512) 834-6600 or may be downloaded from the website at www.dshs.state.tx.us/youthcamp/default.shtm.
Applications may be submitted to the Environmental and Sanitation
Licensing Group, Department of State Health Services, Mail Code 2003,
P.O. Box 149347, Austin, Texas 78714-9347.
(3) Qualifying for a youth camp license. The department
shall issue a license if the facility:
(A) meets the definition of a "Youth camp" as described
in §265.11(25) of this title (relating to Definitions);
(B) meets the definition of "Youth camp, general characteristics
of" in §265.11(27) of this title; and
(C) is in compliance, or has demonstrated a plan for
compliance, with all provisions of the Act and the rules prior to
operation as determined by:
(i) submitting a complete application as described
in paragraph (1) of this subsection; and
(ii) passing a pre-licensing inspection conducted by
the department, using the standard youth camp inspection form that
may be found at http://www.dshs.state.tx.us/youthcamp/forms.shtm.
(b) Processing applications.
(1) Applications for a new license issued under this
chapter shall be submitted to the Environmental and Sanitation Licensing
Group at least 90 calendar days prior to camp operation.
(2) The department shall issue the new license or a
written notice that the application is complete or that the application
is deficient within the following periods of time. The department
shall identify deficiencies in the notice, provide a deadline by which
the deficiencies shall be corrected, and inform the applicant of the
need for a pre-licensing inspection. Deficiencies may include the
failure to provide required information, documents, or fees. An application
is not considered complete until all required documentation, information,
and fees have been received.
(A) Letter of acceptance of application for licensure
approving the license and authorizing operation after successfully
passing the pre-licensing inspection - within 30 days after the date
of passing the pre-licensing inspection. The original license may
serve as the letter of acceptance.
(B) Letter of application deficiency - within 30 days
after receipt of a deficient application.
(C) Letter of pre-licensing inspection deficiency -
a notice of deficiency will be issued to the camp representative on
site at the conclusion of the pre-licensing inspection if any deficiencies
were noted during the inspection. The camp shall provide documentation
that all deficiencies have been corrected within 10 days after the
inspection or prior to camp operation, whichever comes first.
(3) In the event that an application for a new license
is not processed within the timeframe established in paragraph (2)(A)
of this subsection, and no good cause exists for the delay, the applicant
has the right to request reimbursement of all fees paid in that particular
application process so long as a complete application was submitted
at least 90 calendar days prior to camp operation. Requests for reimbursement
shall be made in writing to the Environmental and Sanitation Licensing
Group. Good cause for exceeding the time period is considered to exist
if the number of applications for licensure exceeds by 15% or more
the number of applications processed the same calendar quarter of
the preceding year or any other condition exists giving the department
good cause for exceeding the time period.
(4) If the request for reimbursement as authorized
by paragraph (3) of this subsection is denied, the applicant may then
appeal to the commissioner for a resolution of the dispute. The applicant
shall give written notice to the commissioner requesting reimbursement
of the fee paid because the application was not processed within the
established time period. The department shall submit a written report
of the facts related to the processing of the application and good
cause for exceeding the established time periods. The commissioner
shall make the final decision and provide written notification of
the decision to the applicant and to the department.
(c) Record availability. All records, except criminal
background and sex offender registration database checks (including
any written evaluation for any staff member or volunteer with a criminal
conviction or deferred adjudication), required by this subchapter
shall be made available to the department immediately upon request.
Criminal background and sex offender registration database checks
(including any written evaluation for any staff member or volunteer
with a criminal conviction or deferred adjudication) shall be made
available to the department within two business days upon request.
(d) Term of license. The term of a youth camp license
shall be one year, beginning on the date of issuance.
(e) License non-transferable. A youth camp license
is not transferable and may not be sold, assigned, or otherwise transferred.
Any new entity that acquires the operation of a youth camp through
sale, assignment, or other transfer shall obtain a new license.
(f) Ownership change. A new application, fee, pre-licensing
inspection, and license is required if there is a change in ownership.
(g) Name change. If a camp changes its name during
operation, but does not change location or ownership, then a new license
certificate may be issued if requested using the form designated by
the department, available at http://www.dshs.state.tx.us/youthcamp/forms.shtm,
accompanied by a nonrefundable fee of $20.
(h) Location change. A new application, fee, pre-licensing
inspection, and license is required if there is a change in physical
(i) Duplicate license. A duplicate license may be issued
if requested using the form designated by the department, available
at http://www.dshs.state.tx.us/youthcamp/forms.shtm, accompanied by
a nonrefundable fee of $20.
(1) The department may deny an application for licensing
to those who fail to meet the standards established by the rules in
this subchapter. When the department proposes to deny an application,
it shall give notice of the proposed action in writing and shall provide
information on how to request an administrative hearing. The applicant
shall make a written request for a hearing within 30 days from the
date on the notice letter sent by the department. The hearing shall
be conducted in accordance with the Act, the Administrative Procedure
Act, Government Code, Chapter 2001, and the formal hearing procedures
of the department at 25 Texas Administrative Code, §1.21 et seq.
(2) A letter of denial of licensure may be issued within
60 days after the receipt of application if the applicant does not
meet the requirements of subsection (a)(3)(A) or (B) of this section.
(3) A letter of denial of licensure may be issued if
the applicant does not meet the requirements of subsection (a)(3)(C)
of this section:
(A) within 60 days following the first scheduled date
of camp operations if a pre-licensing inspection has not been completed;
(B) within 60 days following the first scheduled date
of camp operations if the camp does not pass the pre-licensing inspection.
(4) A license holder whose license has been denied
or revoked may not reapply for a new license for two years from the
date of final denial or revocation.
(1) If the applicant does not meet the requirements
of subsection (a)(3)(A) or (B) of this section, the application may
be denied and the license fee, less a handling fee of $50, may be
refunded. If an application is denied because the facility does not
meet the requirements of subsection (a)(3)(A) or (B) of this section,
the applicant should determine if a license from another agency is
(2) If the applicant does not meet the requirements
of subsection (a)(3)(C) of this section, the application may be denied
and the license fee may not be refunded.
|Source Note: The provisions of this §265.23 adopted to be effective April 16, 2006, 31 TexReg 3049; amended to be effective May 16, 2010, 35 TexReg 3815; amended to be effective March 13, 2014, 39 TexReg 1713; amended to be effective February 25, 2019, 44 TexReg 862