The following words and terms, when used in this subchapter,
shall have the following meanings, unless the content clearly indicates
otherwise.
(1) Act--Texas Youth Camp Safety and Health Act, Texas
Health and Safety Code, Chapter 141.
(2) Adult--A person at least 18 years of age or older.
(3) Camper--A minor child, under 18 years of age, who
is attending a youth camp on either a day or boarding basis.
(4) Challenge course--Activity designed for educational
purposes or team building, which may offer a variety of challenges,
including zip lines, high and low rope courses, rappelling, and climbing
walls.
(5) Commissioner--The Commissioner of the Department
of State Health Services.
(6) Day camp--A camp that operates during the day or
any portion of the day between 7:00 a.m. and 10:00 p.m. for four or
more consecutive days and that offers no more than two overnight stays
during each camp session. To be eligible to be licensed as a youth
camp, the camp's schedule shall be structured so that each camper
attends for four hours or more per day for four consecutive days.
The term does not include a facility that is required to be licensed
with the Health and Human Services Commission.
(7) Department--Department of State Health Services.
(8) Executive Commissioner--Executive Commissioner
of the Health and Human Services Commission.
(9) Firearm--Any device designed, made, or adapted
to expel a projectile through a barrel by using the energy generated
by an explosion or a burning substance, or any device readily convertible
to that use.
(10) Municipal water supply--A public water supply
owned or operated by or for a city or a corporation having the right
of administering local government.
(11) Pellet gun--Any device designed, made, or adapted
to expel a projectile through a barrel by using compressed air or
carbon dioxide. This definition includes air guns, air rifles, BB
guns, and paintball guns.
(12) Permanent structure--Man-made buildings such as
dining halls, dormitories, cabins, or other buildings that are constructed
to remain stationary.
(13) Person--An individual, partnership, corporation,
association, or organization. In rules for this subchapter, a person
does not include a government or governmental subdivision.
(14) Playground--A designated area designed for campers
to play freely on equipment as defined in the U.S. Consumer Product
Safety Commission Publication Number 325, "Handbook for Public Playground
Safety," December 2015 as amended.
(15) Primitive camp--A youth camp that does not provide
either permanent structures or utilities for camper use.
(16) Public water system--A public water system, as
defined in 30 Texas Administrative Code (TAC) §290.38(71) is
a system for the provision to the public of water for human consumption
through pipes or other constructed conveyances, which includes all
uses described under the definition for drinking water (30 TAC §290.38(23)).
Such a system shall have at least 15 service connections or serve
at least 25 individuals at least 60 days out of the year. This term
includes any collection, treatment, storage, and distribution facilities
under the control of the operator of such system and used primarily
in connection with such system, and any collection or pretreatment
storage facilities not under such control which are used primarily
in connection with such system. Two or more systems with each having
a potential to serve less than 15 connections or less than 25 individuals
but owned by the same person, firm, or corporation and located on
adjacent land will be considered a public water system when the total
potential service connections in the combined systems are 15 or greater
or if the total number of individuals served by the combined systems
total 25 or greater at least 60 days out of the year. Without excluding
other meanings of the terms "individual" or "served," an individual
shall be deemed to be served by a water system if he lives in, uses
as his place of employment, or works in a place to which drinking
water is supplied from the system.
(17) Resident camp--A camp that for a period of four
or more consecutive days continuously provides residential services
to each camper, including overnight accommodations for at least three
consecutive nights.
(18) Supervised--A person is supervised if the person
is within sight, except for infrequent momentary periods such as restroom
breaks, and within reasonable hearing distance of a camper's outcry,
of an adult with an obligation to report inappropriate or dangerous
activities or behavior who has been made aware that the obligation
is in effect at that time and who has willingly accepted the obligation.
This definition is applicable only to rules relating to unsupervised
contact with campers.
(19) Supervisor/counselor--A person, at least 18 years
of age or older, who is responsible for the immediate supervision
of campers.
(20) Swim test--A formalized test, specific to the
body of water utilized, to determine each child's swimming ability.
A swim test includes a skill evaluation, or some equivalent method
of determining swimming ability, such as:
(A) Non-swimmer: Get into the shallow water, sit down,
stand up, and exit the water.
(B) Intermediate swimmer: Jump feet first into water
at least twelve inches deeper than the height of the child. Level
off, swim 25 feet, turn around and swim back. Exit the water.
(C) Swimmer: Jump feet-first into water at least twelve
inches deeper than the height of the child and swim 75 yards in a
strong stroke on your stomach or side (breaststroke, sidestroke, crawl,
trudgen, or any combination). Then swim 25 yards on your back (elementary
back stroke), then float and rest on your back for one minute. Exit
the water.
(21) TCEQ--Texas Commission on Environmental Quality.
(22) Travel camp--A day or resident camp, lasting for
four or more consecutive days, that begins and ends at a fixed location,
but may move from location to location on a daily basis.
(23) Waterfront--A natural or artificial body of water
that includes a lake, ocean, bay, pond, river, swimming pool, or spa,
which is the site of any water activity.
(24) Waterfront activity--A recreational or instructional
activity, occurring in, on, or near a waterfront. Waterfront activity
includes swimming, boating, water skiing, scuba diving, rafting, tubing,
synchronized swimming or sailing.
(25) Youth camp--A facility or property, other than
a facility required to be licensed by the Health and Human Services
Commission that:
(A) has the general characteristics of a day camp,
resident camp, or travel camp;
(B) provides supervision, and instruction in recreational,
athletic, religious, or educational activities;
(C) during a camp session, offers at least two youth
camp specialized activities in an outdoor setting;
(D) accommodates at least five minors during each camp
session who attend or temporarily reside at the camp, apart from parents
or guardians, for all or part of at least four consecutive days;
(E) operates as a youth camp for four consecutive hours
or more per day;
(F) operates as a youth camp only during school vacation
periods;
(G) operates as a youth camp for no more than 120 days
each calendar year; and
(H) is not 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 the
Texas Education Code, §61.003, that is regularly inspected by
one or more local governmental entities for compliance with health
and safety standards.
(26) Youth camp specialized activity--A camp activity
such as waterfront activities, archery, horseback riding, challenge
courses, or riflery that requires special technical skills, equipment,
or safety regulations, and a high level of adult supervision at all
times.
(27) Youth camp operator--Any person who owns, operates,
controls, or supervises a youth camp, whether or not for profit.
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