TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 3. ADVISORY COMMITTEES, COUNCILS, AND BOARDS

The executive commissioner of the Texas Health and Human Services Commission (agency), on behalf of the Department of State Health Services (DSHS), proposes new §3.8, concerning Youth Camp Advisory Committee.

BACKGROUND AND PURPOSE

The purpose of the proposal is to improve public access to DSHS advisory committee, council, and board rules by moving all advisory committee, council, and board rules into a single chapter. Section 265.29, concerning Youth Camp Committee, is repealed from 25 TAC Chapter 265, concerning General Sanitation, and proposed as new in 25 TAC Chapter 3, concerning Advisory Committees, Councils, and Boards. The repeal is proposed elsewhere in this issue of the Texas Register.

The Youth Camp Advisory Committee provides an important function advising DSHS and the executive commissioner regarding youth camp standards and rules. In DSHS's reports dated June 2023, May 2024, and June 2025, DSHS recommended the Youth Camp Committee continue. The agency agreed with DSHS's recommendation and continued to appoint Youth Camp Committee members, and the Youth Camp Advisory Committee continued meeting. However, in light of the catastrophic events on July 4, 2025, and the focus on emergency plans required by Senate Bill 1 and House Bill 1, 89th Legislature, Second Special Session, 2025, the agency recognizes the importance of establishing the Youth Camp Advisory Committee with an amended composition. The agency believes the amended membership will provide the agency with valuable insights to improve health and safety standards for campers.

SECTION-BY-SECTION SUMMARY

Proposed new §3.8(a) provides the statutory authority for the Youth Camp Advisory Committee (YCAC).

Proposed new §3.8(b) provides the purpose of the YCAC.

Proposed new §3.8(c) lists the tasks performed by YCAC.

Proposed new §3.8(d) explains the reporting requirements.

Proposed new §3.8(e) describes the meeting requirements.

Proposed new §3.8(f) lists the membership composition and appointment terms.

Proposed new §3.8(g) describes how the chairperson, vice-chairperson, and secretary are selected.

Proposed new §3.8(h) explains the required training.

Proposed new §3.8(i) provides the travel reimbursement policy.

Proposed new §3.8(j) provides the abolishment date and formally establishes the YCAC with new membership.

FISCAL NOTE

Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of DSHS employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to DSHS;

(5) the proposed rule will not create a new regulation;

(6) the proposed rule will not expand, limit, or repeal existing regulations;

(7) the proposed rule will not change the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not apply to small or micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to the rule because it does not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Dr. Timothy Stevenson, Deputy Commissioner, has determined that for each year of the first five years the rules are in effect, the public benefit will be improved access to DSHS advisory committee, council, and board rules located in a single chapter.

Christy Havel Burton has also determined that for the first five years the rule is in effect, there is no anticipated economic costs to persons who are required to comply with the proposed rule because there are no fees or associated costs in moving the Youth Camp Advisory Committee rule to a new chapter.

TAKINGS IMPACT ASSESSMENT

DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.

To be considered, comments must be submitted no later than 21 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 25R033" in the subject line.

STATUTORY AUTHORITY

The new rule is authorized by Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, Texas Health and Safety Code §1001.035 and §141.010, which authorize the Executive Commissioner to establish an advisory committee and appoint committee members necessary to assist and advise DSHS and the Executive Commissioner in performing duties related to youth camps, and Texas Health and Safety Code §1001.075, which authorizes the executive commissioner of HHSC to adopt rules and policies for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapters 1001 and 141.

The rule affects Texas Government Code §524.0151 and Texas Health and Safety Code Chapter 1001 and §141.010.

§3.8. Youth Camp Advisory Committee.

(a) Statutory authority. The Youth Camp Advisory Committee (YCAC) is established under Texas Health and Safety Code §141.010.

(b) Purpose. The YCAC advises the executive commissioner and Department of State Health Services (DSHS) on the development of youth camp standards and procedures.

(1) makes recommendations to the executive commissioner regarding the content of the rules adopted to implement Texas Health and Safety Code Chapter 141;

(2) performs any other functions requested by the executive commissioner in the implementation and administration of Texas Health and Safety Code Chapter 141; and

(3) may adopt rules for the conduct of its own activities.

(d) Reporting requirements. The presiding officer must sign and file an annual written report with DSHS and the executive commissioner by January 15, covering the meetings and activities in the previous fiscal year. The report includes:

(1) a list of the meeting dates of the YCAC and any subcommittees;

(2) the members' attendance records;

(3) a brief description of actions taken by the YCAC;

(4) a description of how the YCAC accomplished its tasks;

(5) a description of activities the YCAC anticipates undertaking in the next fiscal year; and

(6) recommended amendments to this section.

(e) Meetings.

(1) Open meetings. The YCAC complies with the requirements for open meetings under Texas Government Code Chapter 551, as if it were a governmental body.

(2) Frequency. The YCAC will meet at least annually and at the call of the DSHS commissioner or the DSHS commissioner's designee.

(3) Quorum. A simple majority of the members of the YCAC who are appointed constitutes a quorum for the purpose of transacting official business.

(f) Membership.

(1) The YCAC is composed of nine voting members appointed by the executive commissioner or the executive commissioner's designee. In selecting voting members to serve on the YCAC, the executive commissioner considers the applicants' qualifications, background, interest in serving, and geographic location. The YCAC consists of:

(A) one member from the general public;

(B) one member from the general public with expertise in specialized program safety, such as archery, firearms, or challenge courses;

(D) one day camp operator;

(E) one camp operator with experience in wilderness or primitive activities;

(F) one residential camp operator operating a youth camp that provides overnight accommodations for 500 or more campers per year;

(G) one residential camp operator operating a youth camp that provides overnight accommodations for 499 or fewer campers per year;

(H) one waterfront safety expert; and

(I) one pediatric psychologist, psychiatrist, or child abuse expert.

(2) Members are appointed for staggered six-year terms, with the terms of three members expiring on August 31 of each odd-numbered year. Regardless of the term limit, a member serves until his or her replacement is appointed. This ensures sufficient, appropriate representation.

(A) If a vacancy occurs, the executive commissioner or the executive commissioner's designee will appoint a person to serve the unexpired portion of that term.

(B) Except as may be necessary to stagger terms, the term of each member is six years.

(g) Officers. The YCAC:

(1) must annually elect a chairperson from among its members who will serve as the presiding officer and preside over the YCAC; and

(2) may elect a vice-chairperson and a secretary from among its members.

(h) Required training. Each member must complete training on relevant statutes and rules, including this section; Texas Government Code Chapters 551, 552, and 2110; the Health and Human Services (HHS) Ethics Policy; the Advisory Committee Member Code of Conduct; and other relevant HHS policies. Training will be provided by DSHS.

(i) Travel reimbursement. To the extent permitted by the current General Appropriations Act, a member of the YCAC may be reimbursed for the member's travel to and from meetings if funds are appropriated and available and in accordance with the DSHS Travel Policy.

(j) Abolishment date. The YCAC is abolished and this section expires December 31, 2030.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 17, 2025.

TRD-202504173

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: December 28, 2025

For further information, please call: (512) 231-5727

CHAPTER 265. GENERAL SANITATION

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §§265.11, 265.18, 265.23, 265.24, 265.28, and 265.30; the repeal of §265.29, and Subchapter C, consisting of §§265.31 - 265.35; and new §§265.29 and 265.31 - 265.34, concerning Texas Youth Camps Safety and Health.

BACKGROUND AND PURPOSE

The proposal is necessary to implement Senate Bill (SB) 1 and House Bill (HB) 1, 89th Legislature, Second Special Session that amends Health and Safety Code Chapter 141. SB 1 and HB 1 require DSHS to update definitions, add requirements for implementation and submission of emergency plans for emergency preparedness and response, and establish minimum camper and counselor overnight ratios. The bills also add a requirement for youth camps to notify DSHS of structure modifications, submit renewal applications for certain camp updates, implement DSHS and youth camp operator website information requirements, and create a new youth camp safety multidisciplinary team. The proposal also implements SB 5, 89th Legislature, Second Special Session, which requires DSHS to increase license fees for day and residential youth camps to meet the cost of administering the program.

There will be other rules proposed in future issues of the Texas Register associated with the implementation of HB 1 and SB 1.

The proposed repeal of §265.29 is necessary as all DSHS advisory committee, council, and board rules are moving into a single chapter. The proposed new Youth Camp Advisory Committee section is published elsewhere in this issue of the Texas Register.

The proposed repeal of §§265.31 - 265.35 are necessary because responsibility for Migrant Labor Housing Facilities was transferred to Texas Department of Housing and Community Affairs (TDHCA) in 2005 in accordance with House Bill 1099, 79th Legislature, Regular Session, 2005. The TDHCA rules are located in Title 10 Texas Administrative Code, Chapter 90.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §265.11, Definitions, adds definitions for broadband service, cabin, floodplain, floodway, and governmental entity.

The proposed amendment to §265.18, Fire Prevention, adds the National Fire Protection Association standard.

The proposed amendment to §265.23, Application and Denial of a New License; Non-transferable, specifies that the emergency plan and the number of campers are required with the application and provides a timeline for deficiency corrections of the emergency plan.

The proposed amendment to §265.24, Application and Denial of a Renewal License, adds requirements for a camp to submit a renewal application for changes to the boundaries or cabins in a youth camp, specifies that the emergency plan and the number of campers are required with the application, and provides a timeline for deficiency corrections of the emergency plan.

The proposed amendment to §265.28, Fees, increases fees to meet the cost of administering the program.

Proposed new §265.29, Youth Camp Safety Multidisciplinary Team, creates a team to propose minimum youth camp standards.

The proposed amendment to §265.30, Waiver; Appeal, adds restrictions from waivers.

The proposed repeal of Subchapter C, §§265.31, 265.32, 265.33, 265.34, and 265.35 remove obsolete rules that no longer apply to DSHS.

Proposed new §265.31, Emergency Preparedness and Response, adds additional information required in camp emergency plans and camper safety training; new requirements for evacuation plans and severe weather; and new requirements for emergency plan confidentiality, parent or guardian notification, emergency communication, and lighting of evacuation routes.

Proposed new §265.32, Minimum Overnight Camper to Counselor Ratios, adds minimum requirements for the ratio of campers to counselors for overnight stays based on the camper's age.

Proposed new §265.33, Online Youth Camp Registry, adds requirements for DSHS to post a list of licensed youth camps on the DSHS website.

Proposed new §265.34, Additional Inspection Required; Parental Complaints, adds requirements for youth camps to provide a link to the DSHS website to more easily report a noncompliant youth camp.

FISCAL NOTE

Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, there will be an estimated increase in revenue to the state as a result of enforcing and administering the rules as proposed. Enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of local government.

The effect on state government for each year of the first five years the proposed rules are in effect is an estimated increase in costs of $2,594,265 in fiscal year (FY) 2026, $2,484,726 in FY 2027, $2,484,726 in FY 2028, $2,484,726 in FY 2029, and $2,484,726 in FY 2030; and an estimated increase in revenue of $2,692,669 in FY 2026, $2,692,669 in FY 2027, $2,692,669 in FY 2028, $2,692,669 in FY 2029, and $2,692,669 in FY 2030.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will create new DSHS employee positions;

(3) implementation of the proposed rules will require an increase in future legislative appropriations;

(4) the proposed rules will require an increase in fees paid to DSHS;

(5) the proposed rules will create a new regulation;

(6) the proposed rules will expand existing regulations; and

(7) the proposed rules will not change the number of individuals subject to the rules; and

DSHS has insufficient information to determine the proposed rules' effect on the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Christy Havel Burton has also determined that there will be an adverse economic effect on small businesses or micro-businesses, or rural communities.

DSHS estimates that the number of small businesses, micro-businesses, and rural communities subject to the proposed rules is 380. The projected economic impact for a small business, micro-business, and rural community includes the cost to comply with the new emergency preparedness and response requirements of SB 1, SB 5, and HB 1.

DSHS determined that alternative methods to achieve the purpose of the proposed rules for small businesses, micro-businesses, or rural communities would not be consistent with ensuring the health and safety of children attending day and residential youth camps.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas, are adopted in response to a natural disaster, and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Dr. Timothy Stevenson, Deputy Commissioner, has determined that for each year of the first five years the rules are in effect, the public benefit will be the safety of children attending a DSHS-licensed youth camp.

Christy Havel Burton has also determined that for the first five years the rules are in effect, persons who are required to comply with the proposed rules may incur economic costs because youth camp licensing fees will increase to meet the cost of administering the program.

The cost to people required to comply with the rules cannot be estimated due to the diversity in the size and type of youth camps regulated. The annual cost of the license can vary from $750 to $21,000 depending on the size as reflected by the number of campers enrolled per year, and the cost to comply with the emergency preparedness and response requirements will vary based on whether the camp is a day camp or a residential camp.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENT

Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rules, as well as any applicable data, research, or analysis, may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.

SUBCHAPTER B. TEXAS YOUTH CAMPS SAFETY AND HEALTH

25 TAC §§265.11, 265.18, 265.23, 265.24, 265.28 - 265.34

STATUTORY AUTHORITY

The amendments and new sections are authorized by Texas Health and Safety Code §141.008, which authorizes the executive commissioner of HHSC to adopt rules to implement the Youth Camp Safety and Health Act; and by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The amendments and new sections affect Texas Government Code §524.0151, and Texas Health and Safety Code §141.008 and Chapter 1001.

§265.11. Definitions.

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) Broadband service--Internet service with the capability of providing a:

(A) speed of not less than 100 megabits per second for a download;

(B) speed of not less than 20 megabits per second for an upload; and

(C) network round-trip latency of less than or equal to 100 milliseconds based on the 95th percentile of speed measurements.

(4) Cabin--A structure used to provide temporary sleeping quarters for campers.

(5) [~~(3)~~] Camper--A minor child, younger than [~~under~~] 18 years of age, who is attending a youth camp on either a day or boarding basis.

(6) [~~(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.

(7) [~~(5)~~] Commissioner--The commissioner [~~Commissioner~~] of the Texas Department of State Health Services.

(8) [~~(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 must [~~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.

(9) [~~(7)~~] Department--Texas Department of State Health Services.

(10) [~~(8)~~] Executive commissioner [~~Commissioner~~]--Executive commissioner [~~Commissioner~~] of the Health and Human Services Commission.

(11) [~~(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.

(12) Floodplain--Any area within a 100-year floodplain identified by the Federal Emergency Management Agency (FEMA) under the National Flood Insurance Act of 1968 (42 United States Code (U.S.C.) Section 4001 et seq.). This term includes any area removed from the 100-year floodplain by a letter of map amendment, a letter of map revision based on fill, or a substantially similar administrative process conducted by FEMA.

(13) Floodway--An area identified on the most recent flood hazard map published by FEMA under the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.) as a regulatory floodway.

(14) Governmental entity--This state or a state agency or political subdivision of this state.

(15) [~~(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.

(16) [~~(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.

(17) [~~(12)~~] Permanent structure--Man-made buildings such as dining halls, dormitories, cabins, or other buildings that are constructed to remain stationary.

(18) [~~(13)~~] Person--An individual, partnership, corporation, association, or organization. In rules for this subchapter, a person does not include a government or governmental subdivision.

(19) [~~(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, "Public Playground Safety Handbook," July 2025 [~~"Handbook for Public Playground Safety," December 2015~~] as amended.

(20) [~~(15)~~] Primitive camp--A youth camp that does not provide either permanent structures or utilities for camper use.

(21) [~~(16)~~] Public water system--A public water system, as defined in 30 Texas Administrative Code (TAC) §290.38 (relating to Definitions) [~~§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 in 30 TAC §290.38 [~~(30 TAC §290.38(23))~~]. Such a system must [~~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 that [~~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 must [~~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.

(22) [~~(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.

(23) [~~(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.

(24) [~~(19)~~] Supervisor/counselor--A person, at least 18 years of age or older, who is responsible for the immediate supervision of campers.

(25) [~~(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 the following.[:]

(A) A non-swimmer gets [~~Non-swimmer: Get~~] into the shallow water, sits [~~sit~~] down, stands [~~stand~~] up, and exits [~~exit~~] the water.

(B) An intermediate swimmer jumps [~~Intermediate swimmer: Jump~~] feet first into water at least twelve inches deeper than the height of the child, levels [~~. Level~~] off, swims [~~swim~~] 25 feet, turns [~~turn~~] around and swims [~~swim~~] back, then exits [~~. Exit~~] the water.

(C) A swimmer jumps [~~Swimmer: Jump~~] feet-first into water at least twelve inches deeper than the height of the child and swims [~~swim~~] 75 yards in a strong stroke on the [~~your~~] stomach or side (breaststroke, sidestroke, crawl, trudgen, or any combination); then swims [~~. Then swim~~] 25 yards on the [~~your~~] back (elementary back stroke), floats and rests on the [~~then float and rest on your~~] back for one minute, then exits [~~. Exit~~] the water.

(26) [~~(21)~~] TCEQ--Texas Commission on Environmental Quality.

(27) [~~(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.

(28) [~~(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.

(29) [~~(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.

(30) [~~(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;

(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.

(31) [~~(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.

(32) [~~(27)~~] Youth camp operator--Any person who owns, operates, controls, or supervises a youth camp, whether or not for profit.

§265.18. Fire Prevention.

(a) Fire and safety codes. Facilities at all youth camps, except those described in subsection (d) of this section, must comply with the National Fire Protection Association 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Edition, other than Sections 1.1.1 and 5.1.1.1. and must [~~shall~~] meet local fire and safety codes.

(b) Fire exits in buildings. All buildings where [~~in which~~] groups of people live, eat, sleep, or assemble must have [~~shall be provided with~~] ready exits for use in case of fire and these exits must [~~shall~~] be conspicuously marked.

(c) Storage of flammable or explosive materials. Containers of gasoline, flammables, or explosives must [~~shall~~] be plainly marked and stored in a locked area separate and apart from any [~~and all~~] permanent and semi-permanent structures used by campers. The presence of flammable or explosive [~~such~~] materials must [~~shall~~] be kept to a minimum.

(d) Subsection (a) of this section does not apply to a youth camp owned or controlled by a governmental entity. A governmental entity may adopt a policy, rule, ordinance, or order to regulate environmental health and sanitation, electrical distribution system safety, liquefied petroleum gas storage and dispensing safety, or fire protection only if the policy, rule, ordinance, or order does not impose standards more stringent than the standards described under subsection (a) of this section.

§265.23. Application and Denial of a New License; Non-transferable.

(a) License required. A person must [~~shall~~] possess a valid youth camp license prior to operating a youth camp.

(1) Submitting an application. A complete [An] application to operate a youth camp must be submitted to and received by the department's Environmental and Sanitation Licensing Branch between January 1 and March 31 of each calendar year, and include [~~is made by submitting~~]:

~~[(A) a completed youth camp application;]~~

(A) [~~(B)~~] an activity schedule showing dates and detailed information about the activities that are conducted both at the camp and at other locations;

(B) an emergency plan, as described in §265.31 of this subchapter (related to Emergency Preparedness and Response);

(D) [~~(C)~~] any other requested documents and information; and

(E) [~~(D)~~] [~~paying~~] the license fee, as described in §265.28 of this subchapter [~~title~~] (relating to Fees).

(2) Applications and fees. Applications and fees may be submitted online to https://vo.ras.dshs.state.tx.us. [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. Subject to subsection (j) of this section, [~~the department shall issue~~] a facility qualifies for a youth camp license if the facility:

(A) meets the definition of a "youth camp," [~~"Youth camp"~~] as described in §265.11 [~~§265.11(25)~~] of this subchapter [~~title~~] (relating to Definitions); and

(B) is in compliance, or has demonstrated a plan for compliance, with all provisions of the Act and the rules before [~~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 https://www.dshs.texas.gov/youth-camp-program/applications-forms-youth-camp-program [~~http://www.dshs.state.tx.us/youthcamp/forms.shtm~~].

(b) Processing applications.

(1) A complete application must [~~Applications for a new license issued under this chapter shall~~] be submitted to the Environmental and Sanitation Licensing Branch [~~Group~~] at least 90 calendar days before [~~prior to~~] camp operations begin. An application is considered incomplete until all required documentation, information, and fees are received. If the application is incomplete, the department issues a deficiency notice, including identification of deficiencies, a deadline for deficiency corrections, and the need for a pre-licensing inspection. [~~operation.~~]

(2) Upon receipt of an application, the department issues the following documents in accordance with policy, as applicable: [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) 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) a letter [~~Letter~~] of application deficiency; or [~~- within 30 days after receipt of a deficient application.~~]

(C) a letter [~~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~~].

(i) The camp must [~~shall~~] provide proof of all deficiency corrections, except for corrections to the emergency plan, [~~documentation that all deficiencies have been corrected~~] within 10 days after the inspection or before [~~prior to~~] camp operation, whichever comes first.

(ii) The camp must provide proof of all deficiency corrections for the emergency plan. The proof must be provided within 45 days after the camp received the department letter of pre-licensing inspection deficiency.

(3) In the event that an application for a new license is not processed within 120 days [~~the timeframe established in paragraph (2)(A) of this subsection~~], and no good cause exists for the delay, the applicant may [~~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 120 [90] calendar days prior to camp operation. Requests for reimbursement must [~~shall~~] be made in writing to the Environmental and Sanitation Licensing Branch [~~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 must [~~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 submits [~~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 makes [~~shall make~~] the final decision and provides [~~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 must [~~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) must [~~shall~~] be made available to the department within two business days upon request.

(d) Term of license. The term of a youth camp license is [~~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 business entity that acquires the operation of a youth camp through sale, assignment, or other transfer must [~~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 by email to youthcamps.reg@dshs.texas.gov. A [~~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 will be assessed.

(h) Location change. A new application, fee, pre-licensing inspection, and license is required if there is a change in physical camp location.

(i) Duplicate license. A duplicate license may be issued if requested by email to youthcamps.reg@dshs.texas.gov. A [~~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 will be assessed.

(j) Denials.

(1) The department may deny an application for licensing to applicants [~~those~~] who fail to meet the standards established by the Act and this subchapter. In making this determination, the department considers [~~shall consider~~] any violation by the applicant of the Act or this subchapter, including employment of [~~whether the youth camp employs~~] an individual who was convicted of an act of sexual abuse, as defined by Texas Penal Code §21.02 [~~of the Texas Penal Code~~], that occurred at the camp. When the department proposes to deny an application, the department gives [~~it shall give~~] notice of the proposed action in writing and provides [~~shall provide~~] information on how to request an administrative hearing. The applicant must submit [~~shall make~~] a written request for a hearing within 30 days from the date of [on] the department's notice letter [~~sent by the department~~]. The hearing is [~~shall be~~] conducted in accordance with the Act; [~~, the Administrative Procedure Act,~~] Texas Government Code[,] Chapter 2001, the Administrative Procedure Act; and the formal hearing procedures in Chapter 1 of this title (relating to Miscellaneous Provisions) [~~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) 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)(B) of this section:

(A) within 60 days following the first scheduled date of camp operations if a pre-licensing inspection has not been completed; or

(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.

(k) Refunds.

(1) If the applicant does not meet the requirements of subsection (a)(3)(A) 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) of this section, the applicant should determine if a license from another agency is required.

(2) If the applicant does not meet the requirements of subsection (a)(3)(B) of this section, the application may be denied and the license fee may not be refunded.

§265.24. Application and Denial of a Renewal License.

(a) Renewal of a youth camp license. A youth camp operator [~~person~~] holding a license issued under this chapter must submit a complete renewal application to operate a youth camp. A renewal application must be submitted: [~~the Act shall renew the license annually before the license expires.~~]

(1) annually to the department's Environmental and Sanitation Licensing Branch between January 1 and March 31 of each calendar year; and

(2) no later than the 30th day after the date the youth camp operator:

(A) alters the boundaries of a youth camp;

(B) completes construction of one or more new cabins located on the premises; or

(i) increases or decreases the number of beds in an affected cabin; or

(ii) alters the method of ingress or egress to an affected cabin.

(b) Renewal notice. At least 60 days before a license expires, the department, as a service to the licensee, may send a renewal notice to the licensee or registrant to the last [~~known~~] address provided by [of] the licensee. The [~~It remains the responsibility of the~~] licensee is responsible for renewing [~~to keep the department informed of the licensee's current address and to take action to renew~~] the license whether the licensee receives the department's notice or not [~~they have received the notification from the department~~]. The renewal notice states [~~shall state~~]:

(1) [~~the type of~~] license type requiring renewal;

(2) [~~the~~] time period allowed for renewal; and

(3) the amount of the renewal fee.

(c) Renewal requirements. Renewal applications and fees must [~~shall~~] be received by [~~submitted to~~] the department before [~~prior to~~] the license's annual expiration date.

(1) Submitting an application. A complete renewal application must be submitted to the department and include [~~is made by submitting~~]:

(A) a completed youth camp renewal 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) an emergency plan, including any updated emergency plan, as described in §265.31 of this subchapter (relating to Emergency Preparedness and Response);

(D) the estimated number of campers attending the camp during the upcoming calendar year;

(E) [~~(C)~~] any other requested documents and information; and

(F) [~~(D)~~] [~~paying~~] the renewal license fee as described in §265.28 of this subchapter [~~title~~] (relating to Fees).

(2) Applications and fees. Applications and fees may be submitted online to https://vo.ras.dshs.state.tx.us. [Obtaining an application. A blank renewal 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. Renewal 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 renewal of a youth camp license. Subject to subsection (k) of this section, the department issues [~~shall issue~~] a renewal license if the facility:

(A) meets the definition of a "youth camp," [~~"Youth camp"~~] as described in §265.11 [~~§265.11(25)~~] of this subchapter [~~title~~] (relating to Definitions); and

(B) is in compliance with all provisions of the Act and the rules before [~~prior to~~] operation as determined by:

(i) submitting a complete renewal application as described in this subsection;

(ii) passing a pre-licensing inspection conducted by the department, if required; and

(iii) complying with all final orders resulting from any violations of this subchapter before the application for renewal is submitted.

(d) Processing renewal applications.

(1) A complete application [~~Applications~~] for a license renewal issued under this subchapter must [~~shall~~] be received by the department's Environmental and Sanitation Licensing Branch before [~~Group prior to~~] the expiration date of the license or 45 days before [~~prior to~~] camp operation, whichever is earlier.

(A) An application is considered incomplete until all required documentation, information, and fees are received.

(B) If the application is incomplete, the department issues a deficiency notice, including identification of deficiencies, a deadline for deficiency correction, and the need for a pre-licensing inspection.

(C) If a camp is subject to pre-licensing inspection, a renewal license is issued after the inspection is completed and compliance with the Act and this subchapter is confirmed.

(2) Upon receipt of an application, the department issues the following documents in accordance with policy, as applicable: [The department shall issue the renewal license or a written notice that the renewal application is complete or that the renewal application is deficient within the following periods of time from the date of receipt of the renewal application. The department shall identify deficiencies in the notice and provide a deadline by which the deficiencies shall be corrected in order for the department to renew the license or to schedule the pre-licensing inspection if required. Deficiencies may include the failure to provide required information, documents, or fees, or the failure to schedule or successfully pass the pre-licensing inspection if required. An application is not considered complete until all required documentation, information, and fees have been received. If a camp is subject to pre-licensing inspection, the time period for issuing a letter of acceptance of application for license renewal begins upon successfully passing inspection.]

(A) a license; [~~Letter of acceptance of application for license renewal approving the license and authorizing operation - within 30 days. The original license may serve as the letter of acceptance.~~]

(B) a letter [~~Letter~~] of renewal application deficiency; or [~~- within 30 days after receipt of a deficient renewal application.~~]

(3) In the event that a timely and complete application for license renewal is not processed within timeframe established in department policy [~~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. Requests for reimbursement must [~~shall~~] be madeby email to youthcamps.reg@dshs.texas.gov. [~~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.

(e) Late renewal. If a license is not renewed within one year after the expiration date, the license cannot [~~may not~~] be renewed. A new license may be obtained by submitting a new application in compliance with §265.23 of this subchapter [~~title~~] (relating to Application and Denial of a New License; Non-transferable). If the license is renewed after its expiration date, the renewed license expires [~~shall expire~~] on the date the license would have expired if the license had [it] been renewed timely.

(f) Non-renewal. The department may refuse to renew a license if the applicant has not complied with all final orders resulting from any violations of these sections. Eligibility for license renewal may be reestablished by meeting all conditions of the orders and complying with the requirements of this section. The department may not renew the license of a youth camp that has not corrected deficiencies identified in a final order before the application for renewal is submitted. Corrections must [~~Evidence of corrections, such as photography or documentation satisfactory to the department, shall~~] be submitted to and approved by the department's Environmental and Sanitation Licensing Branch before [~~Business Filing and Verification Unit prior to~~] submitting the renewal application [~~to the Business Filing and Verification Section of the Consumer Protection Division~~].

(g) Application determination affecting license expiration. If a license holder submits a [~~makes~~] timely and complete license renewal [~~sufficient~~] application [~~for the renewal of a license~~], the existing license does not expire until the application has been finally determined by the department. If a license holder submits a late or incomplete application and the application is denied, the existing license does not expire until the last day to request a [~~for seeking~~] review of the agency order or a later date granted [~~fixed~~] by order of the reviewing court.

(h) Reapplication for license upon denial or revocation. 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.

(i) Opportunity for a hearing. When the department proposes to deny an initial or renewal application, the department gives [~~it shall give~~] notice of the proposed action in writing and provides [~~shall provide~~] information on how to request an administrative hearing. The applicant must submit [~~shall make~~] a written request for a hearing within 30 days from the date of [on] the notice letter [~~sent by the department~~].

(j) Pre-licensing inspections. A youth camp applying for a license renewal may be subject to a pre-licensing inspection. Youth camps must [~~shall~~] be in compliance with all provisions of the Act and the rules before [~~prior to~~] operation.

(k) Denials.

(1) The department may deny a renewal application for licensing to applicants [~~those~~] who fail to meet the standards established by the Act and this subchapter. The [~~In making this determination, the~~] department considers [~~shall consider~~] any violations by the applicant [~~youth camp~~] of the Act or [~~and~~] this subchapter, including employment of [~~whether the youth camp employs~~] an individual who was convicted of an act of sexual abuse, as defined by Texas Penal Code §21.02 [~~of the Texas Penal Code~~], that occurred at the camp. When the department proposes to deny [~~Prior to denying~~] a renewal application [~~license~~], the department gives notice of the proposed action in writing and provides information on how to request an administrative [~~shall give the applicant an opportunity for a~~] hearing. The hearing is [~~shall be~~] conducted in accordance with the Act; [~~, the Administrative Procedure Act,~~] Texas Government Code[,] Chapter 2001, the Administrative Procedure Act; and the formal hearing procedures in Chapter 1 of this title (relating to Miscellaneous Provisions) [~~of the department at 25 Texas Administrative Code §1.21 et seq~~].

(2) A letter of denial of license renewal may be issued within 60 days of the receipt of application if the applicant does not meet the requirements of subsection (c)(3)(A) of this section.

(3) A letter of denial of license renewal may be issued within 60 days following the first scheduled date of camp operations if the applicant does not meet the requirements of subsection (c)(3)(B) of this section.

(l) Refunds.

(1) If the applicant does not meet the requirements of subsection (c)(3)(A) of this section, the renewal application may be denied and the renewal license fee, less a handling fee of $50, may be refunded. If an applicant is denied because the facility does not meet the requirements of subsection (c)(3)(A) of this section, the applicant should determine if a license from another agency is required.

(2) If the applicant does not meet the requirements of subsection (c)(3)(B) of this section, the renewal application may be denied and the renewal license fee may not be refunded.

§265.28. Fees.

(a) All applicable fees must be paid to the department before the department issues a license.

(b) For all initial and renewal applications, the department is authorized to collect subscription and convenience fees, to recover costs associated with electronic application and renewal application processing.

(1) initial license day youth camp:

(A) 99 or less campers per year--$950;

(B) 100 to 999 campers per year--$1,150;

(D) 2,000 to 4,999 campers per year--$2,600; and

(E) 5,000 or more campers per year--$4,000;

(2) renewal license day youth camp:

(A) 99 or less campers per year--$750;

(B) 100 to 999 campers per year--$950;

(D) 2,000 to 4,999 campers per year--$2,250; and

(E) 5,000 or more campers per year--$3,500;

(3) initial license residential youth camp:

(A) 99 or less campers per year--$2,150;

(B) 100 to 499 campers per year--$2,500;

(D) 1,000 to 1,999 campers per year--$12,000;

(E) 2,000 to 4,999 campers per year--$15,000;

(F) 5,000 to 9,999 campers per year--$18,000; and

(G) 10,000 or more campers per year--$21,000;

(4) renewal license residential youth camp:

(A) 99 or less campers per year--$1,900;

(B) 100 to 499 campers per year--$2,250;

(D) 1,000 to 1,999 campers per year--$10,000;

(E) 2,000 to 4,999 campers per year--$13,500;

(F) 5,000 to 9,999 campers per year--$16,500; and

(G) 10,000 or more campers per year--$19,500.

~~[(1) initial license day youth camp--$250;]~~

~~[(2) initial license residential youth camp--$750;]~~

~~[(3) renewal license day youth camps operating less than 10 days per year--$50;]~~

~~[(4) renewal license day youth camps operating 10 or more days per year--$150;]~~

~~[(5) renewal license residential youth camps operating less than 10 days per year--$100; and]~~

~~[(6) renewal license residential youth camps operating 10 or more days per year--$450.]~~

(d) [~~(b)~~] Miscellaneous fees are as follows:

(1) duplicate license fee--$20;

(2) camp name change during operation--$20; and

(3) non-sufficient fund fee--$20.

(e) Late fees will be assessed for applications received after March 31 as follows:

(1) initial late fee--$500; and

(2) renewal late fee--$250.

[(c) Applicants may submit applications and renewal applications for a license under these sections electronically through texas.gov at www.texas.gov. The department is authorized to collect fees, in amounts determined by the Texas Online Authority, to recover costs associated with application and renewal application processing through texas.gov.]

(f) [~~(d)~~] An applicant or licensee whose license fee payment is returned for [~~whose payment for the application and initial license fee is returned due to~~] any reason, including insufficient funds, account closed, or payment stopped, must pay [~~shall be allowed to reinstate the application by remitting to~~] the department [~~a money order or check for guaranteed funds in~~] the amount of the [~~application and initial~~] license fee [~~plus the Non-Sufficient Fund Fee~~] within 30 days after the date of [~~receipt of~~] the department's notice. An application is incomplete until the fee is [~~has been~~] received and cleared through the appropriate financial institution.

[(e) An applicant whose license has been approved and whose payment for the license fee is returned due to any reason including insufficient funds, account closed, or payment stopped shall remit to the department a money order or check for guaranteed funds in the amount of the license fee plus the Non-Sufficient Fund Fee within 30 days after the date of receipt of the department's notice. Failure to comply with this subsection renders the application and the license approval invalid.]

[(f) A license holder whose payment for the renewal fee is returned due to any reason including insufficient funds, account closed, or payment stopped shall remit to the department a money order or check for guaranteed funds in the amount of the renewal fee plus the Non-Sufficient Fund Fee within 30 days after the date of receipt of the department's notice. Failure to comply shall result in non-renewal of the license. If a renewal license has already been issued, it shall be invalid.]

[(g) Upon return unclaimed of the department's notice, as set out in subsections (c) - (e) of this section, the department shall mail the notice to the applicant or license holder by certified mail. If a money order or check for guaranteed funds is not received by the department's cashier within 30 days after the postmarked date on the certified mailing, the approval granted, or license issued shall be invalid.]

(g) [~~(h)~~] The department may notify the applicant or the license holder [~~holder's owner~~] that the person has failed to comply with this section and that any [~~approval granted or~~] license issued is invalid.

(h) [~~(i)~~] Initial application or renewal fees are [~~shall be~~] refunded only if the fee amounts paid exceed [~~are in excess of~~] the correct fee amount or if there is a double payment. The department does [~~shall~~] not refund fees if the applicant fails [~~application was abandoned due to the applicant's failure~~] to respond to a written request from the department within 90 days [~~to a written request from the department~~].

(i) [~~(j)~~] All fees must [~~shall~~] be submitted online at https://vo.ras.dshs.state.tx.us. [~~in the form of personal checks, certified checks, money orders, or checks from state agencies, municipalities, counties, or other political subdivisions of the state made payable to the department.~~]

§265.29. Youth Camp Safety Multidisciplinary Team.

(a) The Youth Camp Safety Multidisciplinary Team (YCSMT) is composed of at least one representative from:

(1) the department;

(2) the Texas Division of Emergency Management (TDEM);

(3) the Texas Department of Insurance (TDI), State Fire Marshal's Office;

(4) the Texas Parks and Wildlife Department (TPWD);

(5) the Texas Water Development Board (TWDB);

(6) the Texas A&M Forest Service (TAMFS); and

(7) the Texas Department of Public Safety (DPS).

(b) The commissioner or the commissioner's designee serves as the chair of the team.

(c) The YCSMT meets regularly to develop proposed minimum standards for youth camps. The YCSMT presents the proposed minimum standards to the executive commissioner as recommendations for adoption.

§265.30. Waiver; Appeal.

(a) The department may grant a waiver from the requirements of this chapter to a program that meets the conditions described in Texas Health and Safety Code (HSC), §141.0025(a). The program seeking the waiver must [~~shall~~] provide proof to the department that the program meets the conditions described in HSC [~~Health and Safety Code,~~] §141.0025(a) before the department may grant a waiver. To ensure [~~that~~] the program continues to be eligible for a waiver, the department may require the program to resubmit proof of meeting the conditions described in HSC [~~Health and Safety Code,~~] §141.0025(a) no more frequently than one time per calendar year or as part of an investigation described in subsection (c) of this section.

(b) A waiver granted by the department under subsection (a) of this section is valid until the waiver is revoked for cause by the department. Examples of cause for revocation include [~~but are not limited to~~]:

(1) the failure to ensure the health, safety, or welfare of persons at the program; or

(2) the failure to report abuse or neglect occurring at the program as required by Texas Family Code[,] Chapter 261.

(c) The department may conduct an investigation in response to an allegation that there is cause to revoke a program's waiver or that a program no longer meets the conditions described in HSC [~~Health and Safety Code,~~] §141.0025(a).

(d) A person who operates a program for which an application for a waiver under this section has been denied or for which a waiver under this section has been revoked may appeal the action in the manner provided for appeal of contested cases under Texas Government Code[,] Chapter 2001. When the department proposes to deny or revoke a waiver granted under this section, it must [~~shall~~] give notice of the proposed action in writing and must [~~shall~~] provide information on how to request an administrative hearing. The program must [~~shall~~] make a written request for a hearing within 30 days from the date on the notice letter sent by the department.

(e) The department will not grant a waiver from the requirements provided in HSC §141.0091 or HSC Chapter 762.

§265.31. Emergency Preparedness and Response.

(a) A youth camp operator must develop an emergency plan that:

(1) specifies areas where campers and camp staff are to gather in an emergency event that requires evacuation from any location within the premises of the camp;

(2) establishes procedures for responding to an emergency event, including:

(A) a lost camper;

(B) a fire on the premises;

(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 applicable natural disaster, including flood, hurricane, tornado or wildfire; or emergency event;

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

(4) establishes procedures to notify and communicate with:

(A) local emergency management services, including the designated emergency management director or coordinator by the political subdivision where the camp is located;

(B) camp administrative and medical services staff; and

(5) designates a camp emergency preparedness coordinator.

(b) A youth camp operator must develop an emergency evacuation plan for:

(1) evacuating campers who are at a camp within a floodplain on issuance of a flash flood or flood warning;

(2) evacuating campers on issuance of an evacuation order by the emergency management director or coordinator for the county or, if applicable, the municipality in which the camp is located, due to wildfire, hurricane, or other disaster; and

(3) sheltering campers in place on issuance of:

(A) a tornado warning; or

(B) an order to shelter in place issued by the emergency management director or coordinator for the county or, if applicable, the municipality in which the camp is located.

(1) implement the emergency evacuation plan developed under subsection (b)(1) of this section on issuance by the National Weather Service (NWS) of a flash flood or flood warning for an area of the camp; and

(2) implement the emergency evacuation plan developed under subsection (b)(3) of this section on issuance by the NWS of a tornado warning for an area of the camp.

(d) A youth camp operator must send a copy of an emergency evacuation plan developed under subsection (b) of this section to:

(1) the emergency management director or coordinator for the municipality (for camps located in a municipality); and

(2) the emergency management director or coordinator for the county.

(e) A youth camp operator must provide a copy of the camp's emergency plan not later than the 10th business day following the date the department approves the emergency plan or, if the department determines the plan is deficient under §265.23 of this subchapter (relating to Application and Denial of a New License; Non-transferable) or §265.24 of this subchapter (relating to Application and Denial of a Renewal License), the youth camp must provide a copy of the camp's revised and approved emergency plan to:

(1) the designated emergency management director or coordinator for the municipality (for camps located in a municipality); and

(2) the designated emergency management director or coordinator for the county.

(f) In developing the youth camp's emergency plan, a youth camp operator may consult with an emergency management director or coordinator described in subsection (d) of this section.

(g) A youth camp operator must:

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

(2) notify the parent or legal guardian of a camper described by paragraph (1) of this subsection 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 paragraph (2) of this subsection.

(h) A youth camp operator must:

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

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

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

(B) including a public address system operable without reliance on an internet connection;

(3) monitor safety alerts issued:

(A) by the NWS 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.

(i) The youth camp operator or a youth camp staff member must conduct a mandatory safety orientation, not more than 48 hours after each youth camp session begins. The safety orientation:

(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.

(j) At least once a year, a youth camp operator must:

(1) provide each youth camp staff member and volunteer 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 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.

(k) A youth camp operator must:

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

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

(l) A youth camp operator must notify the department as described in §265.24 of this subchapter of any modification to:

(1) a structure intended to facilitate youth camp activities; or

(2) the location of a camp activity on the camp's premises.

(m) On receiving notification of a modification described by subsection (l) of this section, the department may require the youth camp operator to update the youth camp's emergency plan.

(n) The department must store in a digital database each emergency plan submitted to the department under this section and provide access to that database to:

(1) TDEM; and

(2) each member of the Youth Camp Safety Multidisciplinary Team (YCSMT) created under §265.29 of this subchapter (relating to Youth Camp Safety Multidisciplinary Team).

§265.32. Minimum Overnight Camper to Counselor Ratios.

The minimum camper to counselor ratios for overnight stays at youth camps are as follows.

(1) For campers from four to five years of age--one counselor for every five campers.

(2) For campers from six to eight years of age--one counselor for every six campers.

(3) For campers from nine to 14 years of age--one counselor for every eight campers.

(4) For campers from 15 to 17 years of age--one counselor for every 10 campers.

§265.33. Online Youth Camp Registry.

The department will post, maintain, and update on the department's internet website a list of each youth camp with an active license issued under this subchapter.

§265.34. Additional Inspection Required; Parental Complaints.

(a) A youth camp operator's public-facing website must include a prominent, clearly marked link to the department's complaint website where campers, parents, camp staff, and volunteers can report noncompliance with the subchapter.

(b) The department will investigate each youth camp complaint filed with the department to ensure the youth camp operator is properly implementing the camp's approved emergency plan submitted as required under §265.31 of this subchapter (relating to Emergency Preparedness and Response).

(c) A department investigation under this section must include an inspection to ensure the youth camp's compliance with this subchapter. The inspection will be performed in the same manner as a compliance inspection, as described in §265.25 of this subchapter (relating to Inspections).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 17, 2025.

TRD-202504176

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: December 28, 2025

For further information, please call: (512) 231-5727

25 TAC §265.29

STATUTORY AUTHORITY

The repeal section is authorized by Texas Health and Safety Code §141.008, which authorizes the executive commissioner of HHSC to adopt rules to implement the Youth Camp Safety and Health Act; and by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The repeal affects Texas Government Code §524.0151, and Texas Health and Safety Code §141.008 and Chapter 1001.

§265.29. Youth Camp Committee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 17, 2025.

TRD-202504174

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: December 28, 2025

For further information, please call: (512) 231-5727

SUBCHAPTER C. MIGRANT LABOR HOUSING FACILITIES

25 TAC §§265.31 - 265.35

STATUTORY AUTHORITY

The repeal sections are authorized by Texas Health and Safety Code §141.008, which authorizes the executive commissioner of HHSC to adopt rules to implement the Youth Camp Safety and Health Act; and by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The repeals affect Texas Government Code §524.0151, and Texas Health and Safety Code §141.008 and Chapter 1001.

§265.31. General Provisions.

§265.32. Definitions.

§265.33. Site and Physical Facilities.

§265.34. Procedures for Applications for Licenses to Operate Migrant Labor Housing Facilities.

§265.35. Hearings.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 17, 2025.

TRD-202504175

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: December 28, 2025

For further information, please call: (512) 231-5727

25 TAC §265.36

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §265.36, concerning Prohibited Operation of Cabins within Floodplains.

BACKGROUND AND PURPOSE

The proposal is necessary to implement Senate Bill (SB) 1, 89th Legislature, Second Special Session, 2025, that amends Texas Health and Safety Code Chapter 141. SB 1 requires DSHS to prohibit licensure of youth camps within floodplains unless they meet certain requirements.

SECTION-BY-SECTION SUMMARY

Proposed new §265.36, Prohibited Operation of Cabins within Floodplains, adds new requirements for floodplain safety.

FISCAL NOTE

Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, there will be no increase in revenue to the state as a result of enforcing and administering the rule as proposed. Enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of local government.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of DSHS employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to DSHS;

(5) the proposed rule will create a new regulation;

(6) the proposed rule will expand existing regulations; and

(7) the proposed rule will not change the number of individuals subject to the rule; and

DSHS has insufficient information to determine the proposed rule's effect on the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Christy Havel Burton has also determined that there will be an adverse economic effect on small businesses or micro-businesses, or rural communities.

DSHS estimates that the number of small businesses, micro-businesses, and rural communities subject to the proposed rule is 380. The projected economic impact for a small business, micro-business, and rural community includes the cost to comply with the new emergency preparedness and response requirements of SB 1.

DSHS determined that alternative methods to achieve the purpose of the proposed rule for small businesses, micro-businesses, or rural communities would not be consistent with ensuring the health and safety of children attending day and residential youth camps.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to protect the health, safety, and welfare of the residents of Texas, is adopted in response to a natural disaster, and is necessary to implement legislation that does not specifically state that §2001.0045 applies to the rule.

PUBLIC BENEFIT AND COSTS

Dr. Timothy Stevenson, Deputy Commissioner, has determined that for each year of the first five years the rule is in effect, the public benefit will be the safety of children attending a DSHS-licensed youth camp.

Christy Havel Burton has also determined that for the first five years the rule is in effect, persons who are required to comply with the proposed rule may incur economic costs.

The cost to people required to comply with the rule cannot be estimated due to the diversity in the location and size of youth camps regulated.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENT

STATUTORY AUTHORITY

The new section is authorized by Texas Health and Safety Code §141.008, which authorizes the executive commissioner of HHSC to adopt rules to implement the Youth Camp Safety and Health Act; and by Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075, which authorize the executive commissioner of HHSC to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The new section affects Texas Government Code §524.0151, and Texas Health and Safety Code §141.008 and Chapter 1001.

§265.36. Prohibited Operation of Cabins within Floodplains.

A youth camp must not operate a cabin located within a Federal Emergency Management Agency (FEMA) identified 100-year floodplain, unless:

(1) each cabin located within a floodplain is a result of the cabin's proximity to a lake, pond, or other still body of water that:

(A) is not connected to a stream, river, or other watercourse; or

(B) is dammed; or

(2) each cabin is at least 1,000 feet from a floodway; and

(3) the youth camp operator installs and maintains an emergency ladder capable of providing access to the cabin's roof.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 17, 2025.

TRD-202504178

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: December 28, 2025

For further information, please call: (512) 231-5727

25 TAC §265.37

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §265.37, concerning Redundant Internet Connections Required.

BACKGROUND AND PURPOSE

The proposal is necessary to implement Senate Bill (SB) 1 and House Bill (HB) 1, 89th Legislature, Second Special Session, 2025, that amends Texas Health and Safety Code Chapter 141. SB 1 and HB 1 set the requirements for youth camp safety and health in relation to redundant internet connections.

SECTION-BY-SECTION SUMMARY

Proposed new §265.37, Redundant Internet Connections Required, adds new requirements for youth camp operators to provide and maintain internet services through broadband service that connects to the Internet using end-to-end fiber optic facilities and a secondary Internet connection through a broadband service distinct from the first.

FISCAL NOTE

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rules will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of DSHS employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to DSHS;

(5) the proposed rule will create a new regulation;

(6) the proposed rule will expand existing regulations; and

(7) the proposed rule will not change the number of individuals subject to the rule; and

DSHS has insufficient information to determine the proposed rule's effect on the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Christy Havel Burton has also determined that there will be an adverse economic effect on small businesses or micro-businesses, or rural communities.

DSHS estimates that the number of small businesses, micro-businesses, and rural communities subject to the proposed rule is 380. The projected economic impact for a small business, micro-business, and rural community includes the cost to comply with the provision of end-to-end fiber and additional broadband requirements of SB 1 and HB 1.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

PUBLIC BENEFIT AND COSTS

Christy Havel Burton has also determined that for the first five years the rule is in effect, persons who are required to comply with the proposed rule will incur economic costs.

The cost to people required to comply with the rule cannot be estimated due to the diversity in the location of youth camps regulated.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENT

STATUTORY AUTHORITY

The new section affects Texas Government Code §524.0151, and Texas Health and Safety Code §141.008 and Chapter 1001.

§265.37. Redundant Internet Connections Required.

A youth camp operator must provide and maintain for a youth camp:

(1) internet services through a broadband service that connects to the internet using end-to-end fiber optic facilities; and

(2) a secondary internet connection through a broadband service distinct from the service described under paragraph (1) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 17, 2025.

TRD-202504179

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: December 28, 2025

For further information, please call: (512) 231-5727