Tex. Health and Safety Code § 141.0091 — TX Code / Code hs / Chapter 141 / Section 141.0091
§ 141.0091. ADDITIONAL HEALTH AND SAFETY STANDARDS; EMERGENCY PLAN.
Status: in_force

(a) As part of the health and safety standards established under Section 141.009, the executive commissioner by rule shall make applicable to a youth camp the requirements of Chapter 762 in the same manner as those requirements apply to a campground under that chapter.

(b) The executive commissioner by rule shall require a youth camp operator in the emergency plan the operator develops for a youth camp to:

(1) specify muster zones for campers and camp staff to gather in an emergency event that requires evacuation from any location within the premises of the camp;

(2) establish procedures for responding to an emergency event, other than an event addressed by Section 762.002, including:

(A) a lost camper;

(B) a fire on the premises of the camp;

(C) a severe injury, severe illness, serious accident, or death of one or more campers, visitors, camp staff, or camp volunteers that occurs:

(i) on camp premises; or

(ii) while under the supervision of camp staff;

(D) an aquatic emergency if the camp borders a watercourse, lake, pond, or any other body of water;

(E) an epidemic;

(F) an unauthorized or unknown individual present on the camp's premises;

(G) a transportation emergency; and

(H) any other natural disaster or emergency event required under department rules;

(3) establish procedures to identify and account for each camper affected by the emergency event;

(4) establish procedures to notify and communicate with:

(A) local emergency management services, including the emergency management director or coordinator designated under Section 418.1015, Government Code, by the political subdivision within which the camp is located;

(B) camp administrative and medical services staff; and

(C) the parents or legal guardians of each camper identified under Subdivision (3); and

(5) designate a camp emergency preparedness coordinator.

(c) The executive commissioner by rule shall require a youth camp operator to, at each youth camp the operator operates:

(1) maintain an operable radio capable of providing real-time weather alerts issued by the National Weather Service or a similar professional weather service at the camp;

(2) install and maintain at the camp an emergency warning system that:

(A) is capable of alerting all campers and camp occupants of an emergency; and

(B) includes a public address system operable without reliance on an Internet connection;

(3) monitor safety alerts issued:

(A) by the National Weather Service or a similar professional weather service; and

(B) by local river authorities, if applicable to the camp, or through other local emergency notification systems; and

(4) certify the operator's compliance with this subsection.

(d) In developing a youth camp's emergency plan, a youth camp operator must annually submit the initial or updated plan to the department for approval in the form and manner the department prescribes.

(e) If the department determines a youth camp's submitted emergency plan does not meet the minimum standards prescribed by department rules, the youth camp operator shall revise and resubmit the plan not later than the 45th day after the date the operator receives notice from the department of the plan's deficiencies.

(f) A youth camp operator shall include any updated youth camp emergency plan as an attachment to each application to renew the operator's license under Section 141.005.

(g) Notwithstanding Section 762.002(c), not later than the 10th business day following the date the department approves a youth camp's emergency plan or, if the department determines the plan is deficient under Subsection (e), the camp's revised emergency plan, the operator shall provide a copy of the plan to:

(1) for a camp located in a municipality, the emergency management director or coordinator designated under Section 418.1015, Government Code, for the municipality; and

(2) the emergency management director or coordinator designated under Section 418.1015, Government Code, for the county.

(h) In developing a youth camp's emergency plan, a youth camp operator may consult with an emergency management director or coordinator described by Subsection (g).

(i) The department shall store in a digital database each emergency plan submitted to the department under this section or Section 762.002 and provide access to that database to:

(1) the Texas Division of Emergency Management; and

(2) each member of the Youth Camp Safety Multidisciplinary Team created under Section 141.0081.

(j) A youth camp operator shall:

(1) provide the most recent version of a youth camp's emergency plan submitted under this section to the parent or legal guardian of:

(A) a camper who is participating in a camp session; or

(B) a prospective camper who is registered to participate in a future camp session;

(2) notify the parent or legal guardian of a camper or prospective camper described by Subdivision (1) if any area of the camp is located within a floodplain; and

(3) ensure the parent or legal guardian signs and submits to the operator a statement acknowledging receipt of the notice required under Subdivision (2).

(k) Not more than 48 hours after each youth camp session begins, the youth camp operator or a youth camp staff member shall conduct a mandatory safety orientation that:

(1) notifies each camper of the camp's boundaries and any hazards present on the camp premises;

(2) instructs each camper on behavioral expectations in an emergency event; and

(3) provides each camper developmentally appropriate instruction on the appropriate actions and procedures to follow in an emergency event, in accordance with the camp's emergency plan required under this section and Section 762.002.

(l) At least once a year, a youth camp operator shall:

(1) provide each youth camp staff member and volunteer with a copy of the camp's most recent emergency plan;

(2) ensure each staff member and volunteer successfully completes training on the camp's emergency plan in compliance with any minimum standards and required hours established by department rule;

(3) instruct each staff member and volunteer on the proper procedures to follow in an emergency event under the plan; and

(4) maintain written records documenting each staff member's and volunteer's successful completion of the training required under this subsection.

(m) A youth camp operator shall:

(1) conspicuously post in each cabin on the youth camp premises the proper evacuation route described in the youth camp's emergency plan; and

(2) ensure each evacuation route on the camp premises is illuminated at night.

(n) Notwithstanding Section 141.0025, the department shall not grant a waiver from a requirement prescribed under this section or Chapter 762.

(o) An emergency plan submitted to, received by, or accessed by the department, the Texas Division of Emergency Management, an emergency management director or coordinator designated under Section 418.1015, Government Code, or any other governmental entity under this section is confidential and not subject to disclosure under Chapter 552, Government Code.