The following words and terms, when used in this subchapter
shall have the following meanings, unless the content clearly indicates
(1) Act--Texas Youth Camp Safety and Health Act, Health
and Safety Code, Chapter 141.
(2) Adult--A person 18 years of age or older.
(3) Camper--A minor child, under 18, who is attending
a youth camp on either a day or boarding basis.
(4) Commissioner--The Commissioner of the Department
of State Health Services.
(5) 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 more than four hours per day for four consecutive days.
The term does not include a facility that is required to be licensed
with the Department of Family and Protective Services (formerly the
Department of Protective and Regulatory Services).
(6) Department--Department of State Health Services,
P.O. Box 149347, Austin, Texas 78714-9347.
(7) Executive Commissioner--Executive Commissioner
of the Health and Human Services Commission.
(8) 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.
(9) Hazardous activity--A camp activity such as waterfront
activities, archery, horseback riding, challenge courses, or riflery
that requires special technical skills, equipment, or safety regulations.
(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, but is not limited to, 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 these rules, 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," April 2008 (http://www.cpsc.gov/CPSCPUB/PUBS/325.pdf) as
(15) Primitive camp--A youth camp that does not provide
either permanent structures or utilities for camper use.
(16) Public water system, as defined in 30 Texas Administrative
Code (TAC) §290.38(66)--The rules effective December 10, 2009
define a public water system as 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(22)). 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
(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--Camp personnel or youth
group leader, 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
(21) 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.
(22) TCEQ--Texas Commission on Environmental Quality,
P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-1000.
(23) Waterfront--A natural, or artificial body of water
that includes, but is not limited to, 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, but is not limited to, 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 Department of Family and
Protective Services that:
(A) has the general characteristics of a day camp,
resident camp, or travel camp;
(B) is used for recreational, athletic, religious,
or educational activities;
(C) accommodates at least five minors who attend or
temporarily reside at the camp for all or part of at least four consecutive
(D) 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
Education Code, §61.003, that is regularly inspected by one or
more local governmental entities for compliance with health and safety
(26) Youth camp, general characteristics of--A youth
(A) provides supervision, instruction, and recreation;
(B) accommodates at least five minors during each camp
(C) operates as a youth camp for no more than 120 days
each calendar year;
(D) hosts children who are apart from parents or guardians;
(E) operates as a youth camp for a period of four or
more consecutive days;
(F) operates as a youth camp for more than four consecutive
hours per day;
(G) operates as a youth camp only during school vacation
(H) offers a variety of activities in an outdoor setting;
(I) schedules activities so that campers spend a minimum
of 60% of their time out-of-doors between the hours of 7:00 a.m. and
(27) Youth camp operator--Any person who owns, operates,
controls, or supervises a youth camp, whether or not for profit.