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 (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §3.8, concerning Youth Camp Advisory Committee (YCAC).

Section 3.8 is adopted without changes to the proposed text as published in the November 28, 2025, issue of the Texas Register (50 TexReg 7676). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

New §3.8 is necessary 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 Section 265.29, concerning Youth Camp Committee, is repealed from 25 Texas Administrative Code (TAC) Chapter 265, concerning General Sanitation. The repeal is adopted elsewhere in this issue of the Texas Register.

The YCAC provides an important function advising DSHS and the executive commissioner regarding youth camp standards and rules. New Section 3.8 amends the membership composition of the YCAC to provide the agency with valuable insights to improve health and safety standards for campers.

COMMENTS

The 21-day comment period ended December 19, 2025.

During this period, DSHS received comments regarding the proposed rule from 27 commenters. DSHS received comments from Beloved and Beyond, Camp Aranzazu, Camp Liberty, Camp Summit, Camp Zephyr, Camping Association for Mutual Progress (C.A.M.P.), Forest Glen Camps and Retreats, His Hill Ranch Camp, Lake Brownwood Christian Retreat, Latham Springs Camp and Retreat Center, Morgan's Camp, Mt. Lebanon Camp, Riverbend Retreat Center, Sandy Creek Bible Camp, Scouting America - Circle Ten Council, Tejas Camp and Retreat, University of Houston, and three individual commenters. A summary of comments relating to the rule and DSHS's responses follows.

Comment: One commenter inquired if the Youth Camp Safety Multidisciplinary Team (YCSMT) and YCAC work together.

Response: No revision is made to the rule in response to this comment. The rule does not specify that the YCSMT and the YCAC work together. They perform different functions. The purpose of the YCAC as stated in §3.8(b) is to advise the executive commissioner and DSHS on the development of youth camp standards and procedures. The function of the YCSMT as stated in §265.29(c) is to develop proposed minimum standards for youth camps to present to the executive commissioner as recommendations for adoption.

Comment: One commenter inquired about representation from a Texas public university on the YCAC.

Response: No revision is made to the rule in response to this comment. The definition of youth camp in §265.11(30)(H) specifically excludes "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." Texas Education Code §51.976(a)(2) defines campus program for minors as a program that: "(A) is operated by or on the campus of an institution of higher education or a private or independent institution of higher education; (B) offers recreational, athletic, religious, or educational activities for at least 20 campers who: (i) are not enrolled at the institution; and (ii) attend or temporarily reside at the camp for all or part of at least four days; and (C) is not a day camp or youth camp as defined by Texas Health and Safety Code (HSC) §141.002, or a facility or program required to be licensed by the Department of Family and Protective Services."

HSC §141.010(b) requires the advisory committee to have no more than nine total members. HSC §141.010(b) requires at least two members from the general public. Section 3.8(f) outlines the membership of the YCAC and is consistent with the statutory requirement.

Comment: One commenter suggested that the YCSMT and YCAC review and determine appropriate local emergency management versus state oversight.

Response: DSHS declines to revise the rule in response to this comment. Section 265.29(c) outlines that the YCSMT will meet regularly to develop proposed minimum standards for youth camps. The YCSMT presents the proposed minimum standards to the executive commissioner as recommendations for adoption. Additionally, §3.8(b) outlines that the YCAC advises the executive commissioner and DSHS on the development of youth camp standards and procedures.

Comment: One commenter questioned if the renewal licensing fee increases were to support the YCAC. The commenter stated they disagree with the formation of the YCAC if the licensing fee increases are to support the committee.

Response: No revision is made to the rule in response to this comment. The licensing fee increases in §265.28 are not related to the YCAC established in 25 TAC Chapter 265. The purpose of relocating the YCAC into 25 TAC Chapter 3 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 as a result of this move. The YCAC provides an important function advising DSHS and the executive commissioner regarding youth camp standards and rules. Section 3.8 does not affect fees paid to DSHS. Senate Bill 5, 89th Legislature, Second Special Session, 2025, Section 4(a) requires DSHS to adjust licensing fees established under HSC §141.0035 as necessary to recover the costs of the appropriations made. DSHS will reevaluate licensing fees periodically to ensure that fees do not exceed the amount required to administer the program.

Comment: Ten commenters suggested revising §3.8(f) to include a rental or group camp operator. Nine commenters suggested revising §3.8(f) to add a camper parent, a safety expert, and a youth mental health expert. One commenter suggested revising §3.8(f) to have a greater representation of camp professionals. One commenter suggested revising §3.8(f) to have representation from day and residential camps. One commenter suggested revising §3.8(f) to add a residential camp and special needs professional. One commenter suggested that the YCAC include youth camp representation.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.010(b) requires the advisory committee to have no more than nine total members. HSC §141.010(b) requires at least two members from the general public. Section 3.8(f) outlines the membership of the YCAC and is consistent with the statutory requirement.

Comment: One commenter suggested revising §3.8(f)(1)(H) to specify that the waterfront safety expert on the YCAC must not be employed by or have any affiliation with a camp.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.010(b) sets the membership composition of the YCAC and stipulates at least two of the members must be from the general public. The new proposed YCAC in §3.8(f) meets the membership composition set by statute. By stipulating more exclusive membership requirements for the YCAC as suggested by the commenter, the YCAC may have a less qualified applicant pool. Section 3.8(f)(1)(H) does not prevent a waterfront safety expert that is not employed or affiliated with a youth camp from serving on the YCAC.

Comment: One commenter inquired about the abolishment date of the YCAC in §3.8(j).

Response: Texas Government Code §2110.008(a) mandates that an advisory committee may continue in existence after being designated to be abolished only if the agency amends the rule to provide for a different abolishment date. The repealed §263.29(b)(8) set a date for the abolishment of the advisory committee, and as such, a new date in §3.8(j) was set to comply with the statute.

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, HSC §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 HSC §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 HSC Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2026.

TRD-202600091

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: February 2, 2026

Proposal publication date: November 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), adopts 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.

Sections 265.18, 265.23, and 265.24 are adopted with changes to the proposed text as published in the November 28, 2025, issue of the Texas Register (50 TexReg 7678). These rules will be republished. Sections 265.11 and 265.28 - 265.35 are adopted without changes to the proposed text as published in the November 28, 2025, issue of the Texas Register (50 TexReg 7678). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The adoption is necessary to implement Senate Bill (SB) 1 and House Bill (HB) 1, 89th Legislature, Second Special Session, 2025, that amend Texas Health and Safety Code (HSC) 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 (YCSMT). The adoption also implements SB 5, 89th Legislature, Second Special Session, 2025, which requires DSHS to increase license fees for day and residential youth camps to meet the cost of administering the program.

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 (YCAC) section is published elsewhere in this issue of the Texas Register.

The proposed repeal of §§265.31 - 265.35 is 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 (TAC), Chapter 90.

COMMENTS

The 21-day comment period ended December 19, 2025.

During this period, DSHS received comments regarding the proposed rule from 188 commenters. DSHS received comments from Allaso Ranch, American Camp Association (ACA), Bandina Christian Youth Camp, Beloved and Beyond, Broadband Fabric Partners, Buffalo Trail Scout Ranch, Camp Aranzazu, Camp Copass, Camp Doublecreek, Camp El Ranchito, Camp Liberty, Camp Longhorn, Camp Peniel, Camp Summit, Camp Wilderness Ridge, Camp Zephyr, Camping Association for Mutual Progress (C.A.M.P.), Cho-Yeh Camp and Conference Center, Cross Trails Ministry, Forest Glen Camps and Retreats, Frontier Camp, Girl Scouts of Central Texas, Girl Scouts of Northeast Texas, Girl Scouts of San Jacinto, Heart of Texas Baptist Camp, His Hill Ranch Camp, John Knox Ranch, Lake Brownwood Christian Retreat, Lake Lavon Baptist Encampment, Lakeview Camp, Latham Springs Camp and Retreat Center, Lower Colorado River Authority (LCRA), Morgan's Camp, Mt. Lebanon Camp, Outdoor Texas Camps, Pine Springs Baptist Camp, Plains Baptist Camp and Retreat Center, Riverbend Retreat Center, Sandy Creek Bible Camp, Scouting America - Alamo Area Council, Scouting America - Bay Area Council, Scouting America - Capitol Area Council, Scouting America - Circle Ten Council, Scouting America - East Texas Area Council, Scouting America - Golden Spread Council, Scouting America - Longhorn Council, Scouting America - Sam Houston Area Council, Slumber Falls Camp, Southwestern Texas Synod, Sun Communities, Inc., T Bar M Camps & Retreats, Tejas Camp and Retreat, the Texas Association of Campground Owners (TACO), Texas Brigades, Texas Travel Alliance, Timberline Baptist Camp, University of Houston, Victory Camp, Villa Sport, and 82 individual commenters. A summary of comments relating to the rules and DSHS's responses follows.

Comment: One commenter suggested an opportunity for an in-person hearing to allow stakeholders to provide input and to seek clarification on specific elements of the proposed rules.

Response: DSHS did not revise the rules in response to this comment. An in-person Executive Council meeting was held at 10 a.m. on December 11, 2025. The Executive Council meeting allowed the public to pre-register to provide comments on the agenda items, which included the youth camp rule projects. Additionally, DSHS held another public hearing on October 10, 2025, where the public had the opportunity to publicly comment on the implementation of SB 1 and HB 1 prior to the publication of the proposed youth camp rules in the Texas Register.

Comment: One commenter suggested inclusion of stakeholders in the proposed youth camp rules.

Response: DSHS declines to revise the rules in response to this comment. DSHS has included stakeholders in the rulemaking process. DSHS held a public hearing on October 10, 2025, and gathered public comments and statements. Additionally, DSHS sent a survey to youth camp operators from October 23, 2025, to November 6, 2025. The survey gathered data on youth camps as well as requested feedback on potential issues. An Executive Council meeting was held on December 11, 2025, which allowed the public to pre-register to provide comments on the agenda items, including the youth camp rule projects. Lastly, stakeholders were able to submit formal comments on the proposed rules from November 28, 2025, through December 19, 2025.

Comment: One commenter suggested adding alternative compliance pathways for rural and nonprofit camps. One commenter suggested adding provisions to the rules to allow for exemptions for faith-based and rural camps.

Response: DSHS declines to revise the rule in response to this comment. The statute does not create separate standards for rural, faith-based, or nonprofit camps. Therefore, all youth camp operators are subject to the same requirements. DSHS rules are required to be consistent with statutory requirements.

Comment: Six commenters suggested allowing youth camps to demonstrate compliance with the new rule requirements through performance-based alternatives.

Response: DSHS declines to revise the rule in response to this comment. The statute does not allow this. DSHS rules must be consistent with statutory requirements.

Comment: One commenter suggested revising the rules to prevent the implementation of the new requirements for summer camps.

Response: DSHS declines to revise the rule in response to this comment. Under HSC §§141.002(6) and 141.0035, and 25 TAC Chapter 265, Subchapter B, all licensed youth camps must comply with the same statutory and regulatory requirements regardless of the type of camp. Neither the statute nor the rules create a separate category for compliance for different camp types. As such, all youth camp operators must comply with all requirements outlined in the statute.

Comment: Seven commenters suggested revising the rules to establish a reasonable phased implementation schedule that prioritizes immediate life safety requirements while allowing additional time for other improvements and upgrades required by the rules. Three commenters suggested adding a phased timeline to the rules so that upgrades can be funded reasonably at youth camps. One commenter suggested that DSHS set realistic timelines for youth camps during rule implementation. One commenter disagreed with the implementation timeline of the new requirements within the rules.

Response: DSHS declines to revise the rule in response to this comment. DSHS must adopt the rules to comply with the requirements added to HSC Chapters 141 and 762 from HB 1 and SB 1, 89th Legislature, which were effective September 5, 2025.

Comment: Eight commenters suggested adding provisions to the rules for grant programs or funding assistance for safety-related infrastructure. Two commenters suggested adding provisions to the rules for grant funding for nonprofit camps, small camps, and camps with a limited budget.

Response: DSHS declines to revise the rule in response to this comment. Section 4(a) of SB 5 requires DSHS to adjust licensing fees established under HSC §141.0035 as necessary to recover the costs of the appropriations made. The increased licensing fees in §265.28 are to recover these costs and to administer the program.

Comment: One commenter suggested revising the rules to mandate that DSHS conduct scheduled reviews of youth camp rules every five years and introduce regulatory updates in stages to support clarity, consistency, and sustainable implementation.

Response: DSHS declines to revise the rule in response to this comment. DSHS is already required to review and evaluate the agency's rules for readoption every four years as outlined in Texas Government Code §2001.039. Furthermore, the YCAC outlined in §3.8 advises DSHS and the executive commissioner regarding youth camp standards and rules. Additionally, §265.29 establishes the YCSMT, which is required to meet regularly to develop proposed minimum standards for youth camps. DSHS must adopt the rules to comply with the requirements added to HSC Chapters 141 and 762 from HB 1 and SB 1, 89th Legislature, which were effective September 5, 2025.

Comment: One commenter inquired about the applicability of the new rules and amendments to university academic enrichment programs, day-only youth programs, and other university-based offerings. Specific new requirements and amendments mentioned by the commenter include emergency warning systems, counselor to camper ratios, modification notifications, fee increases, and the advisory committee.

Response: DSHS declines to revise the rule in response to this comment. The definition of youth camp in §265.11(30)(H) specifically excludes "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."

Texas Education Code §51.976(a)(2) defines campus program for minors as a program that: "(A) is operated by or on the campus of an institution of higher education or a private or independent institution of higher education; (B) offers recreational, athletic, religious, or educational activities for at least 20 campers who: (i) are not enrolled at the institution; and (ii) attend or temporarily reside at the camp for all or part of at least four days; and (C) is not a day camp or youth camp as defined by Section 141.002, Health and Safety Code, or a facility or program required to be licensed by the Department of Family and Protective Services."

25 TAC Chapter 265 establishes minimum requirements for youth camps. If a program does not meet the definition of a youth camp as outlined above, then requirements for youth camps outlined in the rules do not apply.

Comment: One commenter inquired about how 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 as outlined in Chapter 265 Public Benefit and Costs statement.

Response: No revision is made to the rule in response to this comment. The Chapter 265 Public Benefit and Costs statement evaluates that costs will vary based on the different operational capabilities of certain day and residential camps. For example, to comply with the emergency preparedness and response requirements, a day camp that does not operate at night will not be required to illuminate evacuation routes as outlined in §265.31(k)(2) whereas a residential camp will need to. Furthermore, residential camps have higher licensing fees on average than day camps.

Comment: Five commenters suggested that DSHS establish a DSHS youth camp assistance program to answer questions, review draft emergency plans, provide guidance on infrastructure, and conduct pre-application consultations. The commenters suggested this program also publish detailed guidance documents, FAQs, and templates and conduct regional workshops and webinars.

Response: DSHS declines to revise the rule in response to this comment. The rule establishes baseline regulatory requirements and does not specify the establishment of a DSHS youth camp assistance program. The existing DSHS Youth Camp Program may provide guidance, provide educational materials, answer questions, or offer other means of technical assistance as a resource outside of rulemaking to help youth camps comply with the requirements.

Comment: One commenter suggested that DSHS reduce the adverse economic effects of the new rule requirements as required by Texas Government Code.

Response: DSHS declines to revise the rule in response to this comment. 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 youth camps. 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.

Comment: Three commenters suggested DSHS provide an initial implementation period where youth camps are not fined at least for one summer to make the required improvements to playgrounds required by the "Public Playground Safety Handbook," July 2025 outlined in §265.11(19).

Response: DSHS declines to revise the rule in response to this comment. DSHS does not have authority to establish a grace period where an operator would not be subject to enforcement or fines. DSHS cannot delay the implementation of enforcement of "Public Playground Safety Handbook," July 2025 as compliance with this version of the handbook best protects the health and safety of campers at a youth camp playground.

Comment: One commenter inquired if a Letter of Map Revision (LOMR) is considered "a substantially similar process" to a Letter of Map Amendment (LOMA) or a Letter of Map Revision based on fill (LOMR-F) as presented in the definition of a floodplain in §265.11(12).

Response: No revision is made to the rule in response to this comment. For purposes of the definition of floodplain in §265.11(12), a LOMR is considered a substantially similar administrative process to a LOMA or LOMR-F.

Comment: One commenter suggested adding a definition of "qualified supervision" to §265.11 and implementing this term into §265.32 for purposes of determining camper to counselor ratios.

Response: DSHS declines to revise the rule in response to this comment. A supervisor or counselor is already defined in §265.11(24) as "a person, at least 18 years of age or older, who is responsible for the immediate supervision of campers." Furthermore, "supervision" is defined in §265.11(23). As such, a person who meets this definition as well as other requirements outlined in 25 TAC Chapter 265 qualifies as a counselor for purposes of the counselor to camper ratios outlined in §265.32. No revision to the rule is necessary.

Comment: One commenter suggested adding a definition of "modification" in §265.11.

Response: DSHS declines to revise the rule in response to this comment. The term "modification" is only used twice in §265.31 in relation to a youth camp operator notifying DSHS of any modification to a structure intended to facilitate youth camp activities or the location of a camp activity on the camp's premises.

Comment: Fifteen commenters suggested adding a definition for "transportation emergency" in §265.11.

Response: DSHS declines to revise the rule in response to this comment. The term "transportation emergency" is only used once in §265.31 in relation to a youth camp operator developing an emergency plan that establishes procedures for responding to an emergency event. The term "transportation emergency" is used in its plain, ordinary meaning, and the rule does not intend to establish a technical definition. Existing emergency planning requirements in §265.31(a)(2) provide sufficient context for camp operators to develop appropriate procedures for responding to a transportation emergency. Section 265.31(f) allows a youth camp operator to consult with an emergency management director or coordinator when developing their emergency plan.

Comment: One commenter suggested adding a definition for "epidemic" in §265.11.

Response: DSHS declines to revise the rule in response to this comment. The term "epidemic" is only used once in §265.31 in relation to a youth camp operator developing an emergency plan that establishes procedures for responding to an emergency event. The term is used in its plain, ordinary meaning. Existing emergency planning requirements in §265.31(a)(2) provide sufficient context for camp operators to develop appropriate procedures for responding to an epidemic. Section 265.31(f) also allows a youth camp operator to consult with an emergency management director or coordinator when developing their emergency plan.

Comment: One commenter suggested adding a definition for "renovation" in §265.11.

Response: DSHS declines to revise the rule in response to this comment. The term "renovation" is used only once in §265.24(a)(2)(C). Furthermore, §265.24(a)(2)(C)(i) and (ii) already outline the requirements where renovation to one or more cabins on the premises of a camp would require a youth camp operator to submit a renewal application.

Comment: One commenter suggested adding a definition of "emergency event" in §265.11. The commenter stated that the emergency events listed in §265.31(a)(2) are not a comprehensive list of all emergency events.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(a)(2)(A)-(H) provides a minimum list of eight possible emergency events that a youth camp operator must establish procedures for when developing an emergency plan.

Comment: Six commenters suggested revising the definition of broadband service in §265.11(3) to include "or best available broadband service" in areas where the minimum requirements cannot be met.

Comment: One commenter suggested revising the definition of broadband service in §265.11(3) to specify that a distinct broadband service is a secondary connection using different physical transport technology and is provided by a different service provider.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0092(a) states that broadband service has the meaning assigned by Texas Government Code §490I.0101(a), which defines broadband service as "Internet service with the capability of providing a: (1) speed of not less than 100 megabits per second for a download; (2) speed of not less than 20 megabits per second for an upload; and (3) network round-trip latency of less than or equal to 100 milliseconds based on the 95th percentile of speed measurements." The definition of "broadband service" in §265.11(3) is consistent with the statute. Additionally, §265.37(2) already specifies that the secondary internet connection required must be from a broadband service distinct from the service described in §265.37(1). The rule language does not require this service to be from a different service provider.

Comment: One commenter suggested revising the definition for cabin in §265.11(4) to limit the meaning to "permanent structures" to prevent tents from being defined as cabins. Three commenters also inquired about the meaning of "structure" in the definition for cabins in §265.11(4) and if tents would be considered a cabin.

Response: DSHS declines to revise the rule in response to this comment. The definition of cabin in §265.11(4) is consistent with the definition of cabin in HSC §762.001(1) and HSC §141.002(1). DSHS rules are required to be consistent with statutory requirements. A tent is generally not considered a structure and therefore would not qualify as a cabin under the existing definition.

Comment: One commenter suggested revising the definition for cabin in §265.11(4) to include that recreational vehicle parks are defined in Water Code, §13.087 and are not considered youth and day camps.

Response: DSHS declines to revise the rule in response to this comment. 25 TAC 265 rules regulate youth camp health and safety and do not regulate recreational vehicle parks. The definition of cabin in §265.11(4) is consistent with the definition of cabin in HSC §762.001(1) and HSC §141.002(1). Recreational vehicle parks and related campgrounds are regulated separately under Texas Water Code §13.087.

Comment: One commenter suggested revising the definition of a day camp in §265.11(8) by including different categories of day camps to reflect the diversity of camps that meet these criteria.

Response: DSHS declines to revise the rule in response to this comment. The definition of a "day camp" in §265.11(8) is consistent with the definition of "day camp" in HSC §141.002(2). DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter suggested deleting §265.11(25)(B) from the definition of swim test. The commenter stated that two levels are sufficient for the definition (non-swimmer and swimmer). One commenter suggested revising the definition of swim test to differentiate between pools and open waters. The commenter stated the differentiation is necessary to reflect the physical and safety differences between pools and open waters and not to limit participation and inclusivity in aquatic facilities.

Response: DSHS declines to revise the rule in response to this comment. The definition of a swim test in §265.11(25) is consistent with other organizations such as Scouting America (formerly Boy Scouts of America) and the Young Men's Christian Association (YMCA). These organizations classify a child's swimming ability based on a swim test as a non-swimmer, intermediate/beginner swimmer, and a swimmer. These classifications do not differentiate between pools and open water. DSHS believes these classifications and standards are necessary to ensure the safety of campers participating in aquatic activities.

Comment: One commenter suggested revising the definition for resident camp in §265.11(22) to include that recreational vehicle parks are not affected and related campgrounds do not provide residential services.

Response: DSHS declines to revise the rule in response to this comment. 25 TAC 265 rules regulate youth camp health and safety and do not regulate recreational vehicle parks. The definition of resident camp in §265.11(22) is consistent with the definition of resident youth camp in HSC §141.002(4). Recreational vehicle parks and related campgrounds are regulated separately under Texas Water Code §13.087.

Comment: Eighty-two commenters suggested revising the definition of a supervisor or counselor in §265.11(24) by decreasing the minimum age to 16 or 17 years old to align with the American Camping Association (ACA) standards. Commenters argued this would allow junior counselors to count toward the counselor to camper ratio.

Response: DSHS declines to revise the rule in response to this comment. The definition of a supervisor or counselor in §265.11(24) was not revised in this rule. The current definition of a supervisor or counselor was adopted to be effective April 16, 2006, 31 TexReg 3049. In addition, HSC §141.009(2) allows the executive commissioner to set qualifications for supervisors.

Comment: One commenter suggested revising the definition for travel camp in §265.11(27) to include that recreational vehicle parks are not affected and related campgrounds do not provide residential services.

Response: DSHS declines to revise the rule in response to this comment. 25 TAC 265 rules regulate youth camp health and safety and do not regulate recreational vehicle parks. Recreational vehicle parks and related campgrounds are regulated separately under Texas Water Code §13.087.

Comment: One commenter suggested revising the definition of a youth camp in in §265.11(30)(D) to include minors "under supervision of camp staff."

Response: DSHS declines to revise the rule in response to this comment. The definition of a "youth camp" in §265.11(30)(D) is consistent with the definition of camp in HSC §141.002(5)(C). DSHS rules are required to be consistent with statutory requirements.

Comment: Two commenters suggested removing the requirement for youth camps facilities to comply with National Fire Protection Association 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Edition (NFPA 1194) outlined in §265.18(a). One commenter suggested revising §265.18(a) to allow NFPA 1194 not to apply to non-camp properties. The commenters stated the requirement is incorrect and should be revised to only require youth camps to meet local fire and safety codes. The commenters argued the NFPA 1194 was only intended to apply to recreational vehicle parks and related campgrounds and not apply to youth camps.

Response: DSHS declines to revise the rule to remove the requirement to comply with the NFPA 1194 as outlined in §265.18(a). HSC §762.003(b) requires a campground, except those owned or controlled by a governmental entity, to comply with the NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Edition, other than Sections 1.1.1 and 5.1.1.1.

However, DSHS agrees with revising the rule to clarify that facilities at all youth camps that meet the definition of a campground in HSC §762.001(2), except those owned or controlled by a governmental entity, 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. HSC §762.001(2)(A) defines a campground as "a commercial property designed to provide cabins for transient overnight guest use...". The rule is also revised to clarify that all youth camps must meet local fire and safety codes.

Comment: Two commenters suggested removing the requirement for youth camp facilities to comply with National Fire Protection Association 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Edition (NFPA 1194) outlined in §265.18(a) because §265.31(a)(2)(B) establishes procedures for responding to an emergency event that includes fire.

Response: DSHS declines to revise the rule to remove the requirement for youth camps to comply with the NFPA 1194 as outlined in §265.18(a). The procedures for responding to an emergency event that include fire outlined in §265.31(a)(2)(B) do not preclude a campground from complying with NFPA 1194 as required in HSC §762.003(b). DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter suggested revising §265.18 to clarify that DSHS will serve as the primary inspection authority for NFPA 1194 standards as they apply to youth camps. The commenter also suggested adding inspection procedures, compliance thresholds, and a process for requesting clarification.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.006 outlines that DSHS is the principal authority on matters relating to health and safety conditions at youth camps. Additionally, §265.25 already conveys the authority of DSHS to inspect a youth camp. The adoption of NFPA 1194 does not alter DSHS's statutory inspection authority or create a new inspection framework.

Comment: One commenter suggested revising §265.18(a) to include "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 describe under Subsection b." The commenter argued that this language is necessary to include the full text from SB 1.

Response: DSHS declines to revise the rule in response to this comment. §265.18(d) already includes the suggested language from the commenter.

Comment: Six commenters suggested revising §265.18(a) to detail which sections of NFPA 1194 apply to youth camps.

Response: DSHS declines to revise the rule in response to this comment. HSC §762.003(b) requires a campground, except those owned or controlled by a governmental entity, to comply with the NFPA 1194, other than Sections 1.1.1 and 5.1.1.1. DSHS rules are required to be consistent with statutory requirements, and §265.18(a) appropriately reflects which sections of NFPA 1194 apply to youth camps. DSHS does not have discretion to selectively enforce portions of NFPA 1194.

Comment: Thirteen commenters suggested that DSHS provide guidance on the appropriate implementation of various NFPA 1194 standards.

Response: DSHS declines to revise the rule in response to this comment. HSC §762.003(b) requires a campground, except those owned or controlled by a governmental entity, to comply with the NFPA 1194, other than Sections 1.1.1 and 5.1.1.1. 25 TAC Chapter 265 establishes minimum requirements for the health and safety of youth camps. DSHS may provide guidance to youth camps on compliance with the rules outside of the rulemaking process. Questions about the scope and technical meaning of certain sections of NFPA 1194 can be directed to the NFPA.

Comment: Six commenters suggested extending the license application submission window to May 31 for the first year of rule implementation so that DSHS can have adequate time to review and approve emergency plans before camp season.

Response: DSHS declines to revise the rule in response to this comment. Extending the submission deadline to May 31 would not provide DSHS with adequate time to complete the required regulatory and license application review functions before youth camps begin operations.

Comment: Thirty commenters inquired about when a youth camp license is required.

Response: No revision is made to the rule in response to this comment. Section 265.23(a) states that a person must possess a valid youth camp license prior to operating a youth camp. A youth camp is defined in §265.11(30), and a camp must meet all eight requirements in §265.11(30)(A)-(H) to be licensed as youth camp.

Comment: Fourteen commenters inquired about whether multiple youth camp licenses are needed for a single property with multiple specialized activities.

Response: No revision is made to the rule in response to this comment. A camp that meets the definition of a youth camp in §265.11(30) only needs one license per camp location. Multiple licenses are not issued based on the number of specialized activities that occur at one youth camp location.

Comment: One commenter inquired about who is responsible for licensing if a third party uses their property for their youth camp program and if a license could be shared.

Response: No revision is made to the rule in response to this comment. Section 265.11(32) defines a youth camp operator as any person who owns, operates, controls, or supervises a youth camp, whether or not for profit. Section 265.23(a) requires a person to possess a valid youth camp license prior to operating a youth camp. Furthermore, §265.23(a)(1)(A) requires a youth camp license application to include an activity schedule showing dates and detailed information about the activities that are conducted both at the camp and at other locations. As such, a person that supervises a youth camp must submit and possess a valid youth camp license before undertaking such activities. Location information regarding camp activities would be specified in the license application.

Comment: A commenter inquired when pre-licensing inspections will be required.

Response: No revision is made to the rule in response to this comment. Section 265.23(a)(3)(B)(ii) states that a facility qualifies for a new youth camp license if the facility demonstrates compliance or a plan for compliance with the rules before operation by passing a pre-licensing inspection conducted by DSHS. Section 265.24(j) states that a youth camp applying for a license renewal may be subject to a pre-licensing inspection. DSHS may issue a deficiency notice that includes the need for a pre-licensing inspection if an incomplete renewal application is submitted.

Comment: Eighteen commenters suggested revising §265.23(j)(4) and §265.24(h) to allow a license holder whose license has been denied to reapply for a new license within two years from the date of final denial.

Response: DSHS agrees with revising the rule in response to this comment. DSHS revises §265.23(j)(4) and §265.24(h) to limit the two-year reapplication waiting period only to a license holder whose license has been revoked.

Comment: One commenter suggested reincorporating the specific timeframes for DSHS to issue licenses, deficiency notices, or inspection deficiency letters in §265.23 and §265.24.

Response: DSHS agrees with revising the rule in response to this comment. DSHS revises §265.23(b)(2)(A) and (B) to incorporate a 45-day timeframe to issue a new license or letter of application deficiency, respectively. Additionally, DSHS revises §265.24(d)(2)(A) and (B) to incorporate a 30-day timeframe to issue a renewal license or letter of renewal application deficiency, respectively.

Comment: One commenter inquired about whether license renewal is required for renovation to an old cabin as outlined in §265.24(a)(2)(C).

Response: Section 265.24(a)(2)(C) should read as: "completes any renovation to one or more existing cabins located on the premises of the camp." DSHS revises the rule to correctly specify "existing" cabins rather than "new" cabins.

Comment: Five commenters suggested removing the requirement for a license holder to submit a renewal application after remodeling a cabin as outlined in §265.24(a)(2)(C). One commenter suggested removing the requirement for a license holder to submit a renewal application after constructing, modifying, or decommissioning a cabin.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.005(a)(2) requires a license holder to submit a renewal application after altering the boundaries of a youth camp, completing construction of one or more cabins on the premises, or renovating any existing cabins that increases or decreases the number of beds in a cabin or alters the method of ingress or egress to a cabin. DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter inquired what type of renovation would require the submission of a renewal application and when the application should be submitted.

Response: No revision is made to the rule in response to this comment. Section 265.24(a)(2)(c) requires a youth camp operator to submit a renewal application when the operator completes any renovation to one or more existing cabins located on the premises of the camp that increases or decreases the number of beds in an affected cabin or alters the method of ingress or egress to an affected cabin. Section 265.24(a)(2) specifies this submission should occur no later than the 30th day after the operator completes any renovations described in §265.24(a)(2)(c).

Comment: Five commenters inquired if minor updates to an emergency plan are required to be submitted as part of a renewal application.

Response: No revision is made to the rule in response to this comment. Section 265.24(c)(1)(C) requires the submission of an emergency plan, including any updated emergency plan, as part of a complete renewal application.

Comment: Three commenters inquired if §265.25(a)(3), which allows a camp to correct violations while the investigation and inspection is occurring, is removed.

Response: No revision is made to the rule in response to this comment. Section 265.25(a)(3) has not been revised or repealed by this rule.

Comment: Fifty-two commenters suggested modifying the licensing fees in §265.28 based on a youth camp's nonprofit status. Five commenters suggested assessing licensing fees in §265.28 based on the number of days campers are present. Four commenters suggested assessing licensing fees in §265.28 based on a camp's size and operating type. One commenter suggested tiering the licensing fees based on a youth camp's budget, like the Christian Camp and Conference Association (CCCA). One commenter suggested assessing licensing fees in §265.28 according to a graduated tiered structure based on annual operating revenue, average weekly camper capacity, and operational scale. One commenter suggested assessing licensing fees by the maximum number of campers present at one time rather than total number of campers per year.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0035(a) authorizes DSHS to adjust licensing fees as necessary to administer and enforce the statute. DSHS determined that a youth camp with a higher number of campers per year would take more time and resources for compliance inspections. DSHS sent a survey to youth camp operators that began on October 23, 2025, and ended November 6, 2025. The survey helped DSHS gain more information about youth camps across Texas. Using data gained from the survey and comments from the public hearing on October 10, 2025, DSHS adjusted the licensing fee structure to raise fees for youth camps with a higher number of campers per year and lower fees for youth camps with a lower number of campers per year. As such, to recover costs required to administer the program, youth camps are required to pay a licensing fee based on the number of campers attending the camp per year. DSHS determined other factors do not have the same impact on compliance inspections as the number of campers attending a youth camp per year. DSHS will reevaluate licensing fees periodically to ensure that fees do not exceed the amount required to administer the program.

Comment: Sixteen commenters disagreed with the licensing fee increases in §265.28. Twelve commenters suggested that the licensing fees in §265.28 be increased incrementally over time. Six commenters suggested that DSHS should internally cover more of the costs to administer the program to reduce licensing fees.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0035(a) authorizes DSHS to adjust licensing fees as necessary to administer and enforce the statute. Additionally, §4(a) of SB 5 requires DSHS to adjust licensing fees established under HSC §141.0035 as necessary to recover the costs of the appropriations made. DSHS will reevaluate licensing fees periodically to ensure that fees do not exceed the amount required to administer the program. Licensing fee changes for youth camps were last made in 2006.

Comment: Nine commenters suggested offering a reduction in licensing fees for youth camps that are accredited by the American Camp Association (ACA).

Response: DSHS declines to revise the rule in response to this comment. DSHS does not regulate ACA accreditation requirements. As such, DSHS cannot ensure that ACA accreditation requirements will remain unchanged in the future. In addition, DSHS is required to adjust licensing fees to meet the cost of administering the program. Thus, DSHS cannot consider ACA accreditation to discount licensing fees for youth camps.

Comment: A commenter inquired where residential camps licensing fee information is located.

Response: Initial and renewal fees for residential youth camps are found in §265.28(3) and §265.28(4), respectively. No revision is made to the rule in response to this comment.

Comment: A commenter suggested revising §265.28 to specify that the fees are based on the estimated number of campers at the time of application.

Response: DSHS declines to revise the rule in response to this comment. Sections 265.23(a)(1)(c) and 265.24(c)(1)(D) specify that a complete license application includes an estimated number of campers attending the camp during the upcoming calendar year.

Comment: Five commenters suggested waiving late fees in §265.28 if the delay is due to DSHS emergency plan review and revision processes or if the camp can document good faith efforts to comply with new safety requirements.

Response: DSHS declines to revise the rule in response to this comment. The late fees in §265.28(e)(1) and (2) are only assessed for applications received after March 31. DSHS will not assess a late fee if a complete application is submitted before this time.

Comment: Twenty-four commenters suggested adding youth camp representation to the Youth Camp Safety Multidisciplinary Team (YCSMT) in §265.29.

Response: DSHS declines to revise the rule in response to this comment. The composition and membership categories of the YCSMT are established in HSC §141.0081. DSHS rules are required to be consistent with statutory requirements.

Comment: A commenter suggested revising §265.31 to specify clear review timelines for emergency plan submissions, including the expected turnaround time for approvals and corrections. The commenter also suggested that camps should be granted provisional approval when submissions are made on time, but department review is still in progress.

Response: DSHS declines to revise the rule in response to this comment. Emergency plans, as described in §265.31, are now required to be submitted as part of a new or renewal license application as outlined in §265.23 and §265.24, respectively. A new or renewal license cannot be issued unless the facility is in compliance with all the provisions of the rules. DSHS will review and process emergency plans as part of the application review process.

Comment: One commenter suggested revising the rule to allow emergency plans to be approved by local emergency management instead of DSHS.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(d) requires a youth camp operator to annually submit the initial or updated plan to the department for approval. DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter suggested revising §265.31(a) to specifically outline what is required in an emergency plan. Seven commenters suggested that DSHS provide detailed templates, examples, and guidance documents for emergency plans. These commenters also suggested DSHS designate staff for technical assistance with emergency plans.

Response: DSHS declines to revise the rule in response to this comment. 25 TAC Chapter 265 establishes baseline regulatory requirements and does not specify the format or structure for emergency plans. Section 265.31(a)(2) already provides that a youth camp operator must establish procedures in their emergency plan. The existing DSHS Youth Camp Program may provide general guidance or educational materials as a resource outside of rulemaking to help comply with the requirements. Lastly, §265.31(f) allows a youth camp operator to consult with an emergency management director or coordinator when developing their emergency plan.

Comment: One commenter suggested adding the phrase "or contains" after "borders" in §265.31(a)(2)(D). The commenter stated adding "or contains" is necessary because a youth camp may have a body of water that runs through its property without being a "border" to the property.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(b)(2)(D) requires a youth camp operator to establish procedures for responding to an emergency event such as an aquatic emergency if the camp borders a watercourse, lake, pond, or any other body of water. Section 265.31(a)(2)(D) reflects this requirement. DSHS rules are required to be consistent with statutory requirements. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter inquired about evacuation standards and procedures in §265.31. One commenter inquired if youth camps need a specified offsite evacuation gathering site.

Response: 25 TAC Chapter 265 establishes minimum requirements for the health and safety of youth camps. HSC §141.0091(b)(1) requires a youth camp operator to develop an emergency plan that specifies zones for campers and camp staff to gather in an emergency event that requires evacuation from any location within the premises of the camp. Additionally, §265.31(a)(2) outlines specific procedures a youth camp operator must develop an emergency plan for. The rules do not specify evacuation standards and procedures beyond what is outlined as these may vary by camp. Section 265.31(f) states that a youth camp operator may consult with an emergency management director or coordinator to develop the youth camp's emergency plan. No revision is made to the rule in response to this comment.

Comment: One commenter suggested adding minimum procedural requirements for a youth camp to have in their emergency plan when responding to an aquatic emergency in §265.31(a)(2)(D).

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(b)(2)(D) requires a youth camp operator to establish procedures for responding to an emergency event such as an aquatic emergency if the camp borders a watercourse, lake, pond, or any other body of water. Section 265.31(a)(2)(D) reflects this requirement. Additionally, §265.31(f) states that a youth camp operator may consult with an emergency management director or coordinator to develop the youth camp's emergency plan.

Comment: Fourteen commenters suggested revising §265.31(b)(1) to clarify that evacuation plans should identify on-premises or off-premises evacuation procedures as determined by the topographical features and location of the floodplain.

Response: DSHS declines to revise the rule in response to this comment. HSC §762.002(a)(2)(A) requires a campground operator to develop an emergency evacuation plan for evacuating on issuance of a flash flood or flood warning campground occupants who are at a campground area within the floodplain. HSC §762.002(a)(2)(A) does not distinguish between on or off premises evacuation. Section 265.31(b)(1) is consistent with the statutory requirement and appropriately allows the evacuation plan to be based on site-specific conditions including topographical features and the location of the floodplain. As such, no change to §265.31(b)(1) is necessary.

Comment: One commenter inquired if an evacuation plan is required for camps with portions of its property within a floodplain but without infrastructure within the floodplain areas.

Response: HSC §762.002(a)(2)(A) requires a campground operator to develop an emergency evacuation plan for evacuating on issuance of a flash flood or flood warning campground occupants who are at a campground area within the floodplain. As such, if campers are ever expected to be at a campground area within a floodplain, this statutory requirement would apply. Additionally, HSC §141.0091(b)(1) requires a youth camp operator to develop an emergency plan that specifies zones for campers and camp staff to gather in an emergency event that requires evacuation from any location within the premises of the camp. No revision is made to the rule in response to this comment.

Comment: One commenter inquired if the flash flood evacuation requirements in §265.31(b)(1) also apply to flash flood or flood warnings issued by the county.

Response: Section 265.31(b)(1) requires a youth camp operator to develop an emergency evacuation plan to evacuate campers who are at a camp within a floodplain on issuance of a flash flood or flood warning. Section 265.31(b)(1) does not limit the development of the plan to specific weather or emergency organizations. Furthermore, §265.31(h)(3) requires a youth camp operator to monitor safety alerts issued by the National Weather Service (NWS) or a similar professional weather service and by local river authorities, if applicable to the camp, or through other local emergency notification systems. No revision is made to the rule in response to this comment.

Comment: One commenter suggested revising §265.31(b)(1) to allow the emergency evacuation plan to shelter campers in place upon issuance of a flash flood or flash flood warning if floodwater remains more than five feet below the base flood elevation. The commenter suggested requiring evacuation only once water levels reach the flood pool elevation. The commenter argued that evacuating large groups of minors during a flash flood can place them at higher risks and that local emergency management officials should determine if the appropriate response is to evacuate or shelter in place.

Response: DSHS declines to revise the rule in response to this comment. HSC §762.002(a)(2)(A) and §762.002(b)(1) respectively require a campground operator to develop and implement an emergency evacuation plan for evacuating campground occupants who are at a campground area within the floodplain on issuance of a flash flood or flood warning. DSHS rules are required to be consistent with statutory requirements. Section 265.31(f) allows a youth camp operator to consult with an emergency management director or coordinator for the municipality or county when developing an emergency plan.

Comment: Ten commenters suggested revising §265.31(b)(1) to clarify that evacuation plans for camps on a dam-controlled lake must be in accordance with the local emergency management coordinator and dam operator.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(b)(2) already requires the youth camp operator to develop an emergency evacuation plan for evacuating campers on issuance of an evacuation order by the emergency management coordinator for the county or municipality. Additionally, §265.31(f) allows a youth camp operator to consult with an emergency management director or coordinator when developing their emergency plan.

Comment: One commenter suggested inserting "floodway" after "floodplain" in §265.31(b)(1) because the statute regulates activities in floodplains and floodways.

Comment: One commenter suggested inserting "flash flood or flood" after "wildfire" in §265.31(b)(2) because flash floods and floods are two of the emergency events addressed by the statute.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(b)(1) already encompasses evacuating campers who are at a camp within a floodplain on issuance of a flash flood or flood warning.

Comment: Five commenters suggested revising §265.31(c)(2) to allow campers and camp occupants to shelter in place after the issuance of a tornado warning for an area of a camp. Two commenters suggested that evacuation plans should allow sheltering in place in certain circumstances.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(c)(2) does not mandate an evacuation of the camp after issuance of a tornado warning for an area of the camp by the NWS. Instead, §265.31(c)(2) requires the youth camp operator to implement the emergency evacuation plan developed under §265.31(b)(3). Section 265.31(b)(3) already requires a youth camp operator to develop an emergency evacuation plan for sheltering campers in place on issuance of a tornado warning or 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.

Comment: One commenter inquired about who the emergency management director is and who to submit their emergency plan to if their property is in two counties.

Response: Texas Government Code §418.1015 states an emergency management director is the presiding officer of the governing body of an incorporated city or a county or the chief administrative officer of a joint board is designated as the emergency management director for the officer's political subdivision. If a youth camp's property is located in two counties, the emergency plan submission requirements outlined in §265.31 would apply to both emergency management directors or coordinators. No revision is made to the rule in response to this comment.

Comment: Seven commenters suggested revising §265.31(d)-(f) to provide an established protocol to follow when an emergency management director or coordinator is unresponsive after receiving the required emergency plans.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31 does not outline specific requirements for an emergency management director or coordinator to respond to a youth camp operator when submitting an emergency plan. Instead, §265.31(d) requires a youth camp operator to send a copy of an emergency evacuation plan to the emergency management director or coordinator for the municipality or county. Section 265.31(e) requires a youth camp operator to send a copy of the approved or revised and approved emergency evacuation plan to the emergency management director or coordinator for the municipality or county. Lastly, §265.31(f) allows a youth camp operator to consult with an emergency management director or coordinator.

Comment: Sixteen commenters suggested revising §265.31(g) to allow youth camp operators to redact portions of an emergency plan that could endanger camper safety.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(j)(1)(A) and (B) require a youth camp operator to provide the most recent version of a youth camp's emergency plan to the parent or legal guardian of a camper participating in a camp session or a prospective camper who is registered to participate in a future camp session. Redacting information from the emergency plan would not satisfy the requirements of §141.0091(j)(1)(A) and (B). DSHS rules are required to be consistent with statutory requirements. Any emergency plan submitted to, received by, or accessed by DSHS, the Texas Division of Emergency Management, an emergency management director or coordinator, or any other governmental entity is confidential and not subject to disclosure as outlined in HSC §141.0091(o).

Comment: One commenter suggested revising §265.31(g) to allow the youth camp operator to provide an emergency plan only upon request from a registered camper.

Comment: One commenter suggested inserting "or floodway" after "floodplain" in §265.31(g)(2) because the statute regulates activities in floodplains and floodways.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(j)(2) requires a youth camp operator to notify the parent or legal guardian of a camper or prospective camper if any area of the camp is located within a floodplain. Section 265.31(g)(2) reflects this requirement. DSHS rules are required to be consistent with statutory requirements.

Comment: Seven commenters suggested DSHS provide a standardized notification and acknowledgement form to notify parents that an area of a youth camp is located within a floodplain.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(g)(2) requires a youth camp operator to notify the parent or legal guardian of a camper if any area of the camp is located within a floodplain. Section 265.31(g)(3) requires a youth camp operator to ensure the parent or legal guardian signs and submits to the operator a statement acknowledging receipt of the notice. 25 TAC Chapter 265 establishes baseline regulatory requirements and does not specify a required format of the notification form. The existing DSHS Youth Camp Program may provide general guidance as a resource outside of rulemaking to help comply with the rule requirements.

Comment: One commenter inquired how parents who are notified that an area of a camp is in a floodplain would acknowledge receipt of the notice and questioned what would happen if the parent does not acknowledge receipt of the notice.

Response: A parent or legal guardian would acknowledge receipt of a notice that an area of a camp is in a floodplain by signing the notice and submitting it back to the youth camp operator as outlined in §265.31(g)(3). If a parent or legal guardian does not sign and submit the notice to the youth camp operator and the youth camp operator allows a camper to participate in camp activities, then the youth camp operator is in violation of §265.31(g)(3). No revision is made to the rule in response to this comment.

Comment: One commenter suggested revising §265.31(g)(2)-(3) to only require disclosure and acknowledgement if a youth camp has cabins in the floodplain.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(g)(2) already only requires a youth camp operator to notify the parent or legal guardian of a camper if any area of the camp is located within a floodplain. The same applies to the acknowledgement of receipt of the notice in §265.31(g)(3).

Comment: One commenter inquired about what qualifies as a weather radio in §265.31(h)(1).

Response: Section 265.31(h)(1) outlines that a youth camp operator must maintain an operable radio that provides real-time weather alerts issued by the NWS or a similar professional weather service at their camp. No revision is made to the rule in response to this comment.

Comment: One commenter suggested revising §265.31(h)(1) to require three operable radios to ensure adequate redundancy in the warning system.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(1) requires a youth camp operator to maintain an operable radio capable of providing real-time weather alerts issued by the NWS or a similar professional weather service at the camp. Section 265.31(h)(1) is consistent with the statutory requirement. 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp operator from maintaining additional operable radios. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: Three commenters inquired about the minimum standards for an emergency warning system outlined in §265.31(h)(2).

Response: Section 265.31(h)(2) requires a youth camp operator to install and maintain at the camp an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an internet connection. Section 265.31(h)(2) does not establish other standards for the emergency warning system. DSHS will evaluate compliance with this requirement by the standards outlined in the rule. No revision is made to the rule in response to this comment.

Comment: Three commenters suggested revising §265.31(h)(2) to allow for the use of alternative tools for youth camps held at non-camp properties, such as parks.

Response: DSHS declines to revise the rule in response to this comment. Under HSC §141.002(6) and §141.0035, and 25 TAC Chapter 265, Subchapter B, all licensed youth camps must comply with the same statutory and regulatory requirements regardless of whether they use owned or non-owned locations. Neither the statute nor the rules create a separate category for camps held at non-camp facilities. As such, all youth camp operators must comply with all requirements outlined in the statute. HSC §141.0091(c)(2)(A) requires a youth camp operator to install and maintain an emergency warning system that is capable of alerting all campers and camp occupants of an emergency. HSC §141.0091(c)(2)(B) requires that the youth camp operator install and maintain an emergency warning system that includes a public address system operable without reliance on an internet connection. DSHS rules are required to be consistent with statutory requirements. HSC §141.0091(n) prohibits DSHS from granting a waiver from the requirements specified in §141.0091.

Comment: Seven commenters suggested revising §265.31(h)(2) to allow for alternative compliance options based on camp operational models.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(2)(A) requires a youth camp operator to install and maintain an emergency warning system that is capable of alerting all campers and camp occupants of an emergency. HSC §141.0091(c)(2)(B) requires that the youth camp operator install and maintain an emergency warning system that includes a public address system operable without reliance on an internet connection. DSHS rules are required to be consistent with statutory requirements. HSC §141.0091(n) prohibits DSHS from granting a waiver from the requirements specified in § 141.0091.

Comment: One commenter suggested inserting the phrase "that is powered by an on-site electrical source such as a generator" after "warning system" in §265.31(h)(2) to ensure the warning system may operate even if third party electrical service to the campground is interrupted.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(2) requires a youth camp operator to install and maintain at the camp an emergency warning system. Section 265.31(h)(2) is consistent with this requirement. 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp operator from using an on-site electrical source such as a generator to power their emergency warning system. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter suggested adding a requirement for youth camp operators to have wireless radio devices that can receive NWS weather alerts in every cabin to §265.31(h)(2). The commenter stated that this addition is necessary to specify what should be included as part of an emergency communication system.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(2)(A) and (B) require a youth camp operator to install and maintain at the camp an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an internet connection. Section 265.31(h)(2)(A) and (B) are consistent with the statutory requirements, and §265.31(h)(3)(A) already requires a youth camp operator to monitor safety alerts issued by the NWS. 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp operator from using wireless radio devices that can receive NWS alerts in every cabin. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter suggested adding a requirement in §265.31(h)(2) for youth camp operators to install a continuous water level measuring gauge approved by DSHS that will activate an on-site alarm when the water in a river, stream, or other water body running through or bordering a youth camp crests its banks. The commenter stated that this addition is necessary to specify what should be included as part of an emergency communication system.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(2)(A) and (B) require a youth camp operator to install and maintain at the camp an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an internet connection. Section 265.31(h)(2)(A) and (B) are consistent with the statutory requirements, and §265.31(h)(3)(B) already requires a youth camp operator to monitor safety alerts issued by local river authorities or through other local emergency notification systems. 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp operator from installing a continuous water level measuring gauge that will activate an on-site alarm when the water in a river, stream, or other water body of water crests its banks. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter suggested adding a requirement in §265.31(h)(2) for youth camp operators to install a public address system with speakers in every cabin. The commenter stated that this addition is necessary to specify what should be included as part of an emergency communication system.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(2)(A) and (B) require a youth camp operator to install and maintain at the camp an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an internet connection. Section 265.31(h)(2)(A) and (B) are consistent with the statutory requirements. 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp operator from installing speakers in every cabin as part of their public address system. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter suggested adding a requirement in §265.31(h)(2) for youth camp operators to install a backup satellite internet connection. The commenter stated that this addition is necessary to specify what should be included as part of an emergency communication system.

Response: DSHS declines to revise the rule in response to this comment. Section 265.37(2) already requires a youth camp operator to have a secondary internet connection through a broadband service distinct from a broadband service that connects to the internet using end-to-end fiber optic facilities.

Comment: One commenter inquired if the emergency warning system must be one complete system.

Response: No revision is made to the rule in response to this comment. HSC §141.0091(c)(2) requires a youth camp operator to install and maintain an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an internet connection. The emergency warning system must be capable of meeting both requirements outlined in the statute.

Comment: Three commenters disagreed with the emergency warning system requirements in §265.31(h)(2). One commenter questioned why §265.31(h)(2)(A) and (B) are both needed as they believe that one or the other would be sufficient.

Comment: One commenter suggested revising §265.31(h)(2) to allow for the emergency system to be partially reliant on internet.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(2) requires a youth camp operator to install and maintain an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an internet connection. The emergency warning system must be capable of meeting both requirements outlined in the statute.

Comment: One commenter suggested revising §265.31(h)(2)(B) to also include an integrated mass notification system such as Internet Protocol (IP)-based systems that possess local network survivability or offline triggering capabilities.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(2) requires a youth camp operator to install and maintain an emergency warning system that is capable of alerting all campers and camp occupants of an emergency and includes a public address system operable without reliance on an internet connection. Section 265.31(h)(2)(B) is consistent with the statutory requirement.

Comment: One commenter suggested revising §265.31(h)(3) to state "continuously monitor safety alerts, anytime a camper is located at the camp, issued by:" The commenter stated the revision is necessary to clarify that a youth camp operator must monitor alerts on a 24-hour basis if campers are staying overnight.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(3) requires a youth camp operator to "monitor safety alerts issued." The language used in §265.31(h)(3) is consistent with the statutory requirement. Additionally, this requirement presupposes that a youth camp operator would be monitoring safety alerts as outlined in the rule anytime a camper is located at the camp.

Comment: A commenter suggested revising §265.31(h)(3)(A) to also allow a youth camp operator to monitor on-site atmospheric and water-level sensing technology that provides real-time data to camp administrators.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(3)(A) requires a youth camp operator to monitor safety alerts issued by the NWS or a similar professional weather service. The statute does not allow a youth camp operator to monitor on-site atmospheric and water-level sensing technology in place of professional weather service safety alerts. DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter suggested adding a new requirement for the youth camp operator to monitor United States Geological Survey (USGS) and River Authority stream flow gauge readings for the duration of a flash flood or flood warning under §265.31(h). The commenter stated this addition is consistent with the statutory requirement to monitor stream flow reports and warnings.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(h)(3)(B) already requires a youth camp operator to monitor safety alerts issued by local river authorities, if applicable to the camp, or through other local emergency notification systems. This is consistent with the requirement in HSC §141.0091(c)(3)(B). 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp from also monitoring USGS or River Authority stream flow gauge readings during a flash flood or flood warning. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter suggested revising §265.31(h)(4) to state "certify actions taken by the operator to ensure compliance with this subsection." The commenter argued that the current rule does not require an operator to identify the actions it took to comply with the rule.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(c)(4) requires a youth camp operator to "certify the operator's compliance with this subsection," which coincides with the language in §265.31(h)(4). DSHS rules are required to be consistent with statutory requirements.

Comment: Five commenters suggested revising §265.31(i) to allow the youth camp operator to conduct the mandatory safety orientation within 48 hours of each camper's arrival or the first scheduled activity for each camper.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(k) requires a youth camp operator or youth camp staff member to conduct a mandatory safety orientation not more than 48 hours after each youth camp session begins. DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter suggested adding a new §265.31(i)(4) that states "shall include a walk-through drill where campers are instructed on the evacuation route to be taken in the case of an emergency event." The commenter stated this addition is necessary to expand on the requirement to take appropriate actions and procedures during an emergency event.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(k)(1)-(3) details the requirements for a youth camp's mandatory safety orientation. The requirements outlined in the statute are consistent with the requirements in §265.31(i)(1)-(3). 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp from also conducting a walk-through drill during their safety orientation. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter disagreed with the staff training requirements in §265.31(j)(2). One commenter suggested revising the staff training requirements in §265.31(j)(2) to exempt adult sponsors or volunteers for church camps.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(l)(2) requires a youth camp operator to train each staff member and volunteer on the camp's emergency plan at least once per year. DSHS rules are required to be consistent with statutory requirements.

Comment: Six commenters suggested revising §265.31(j) to allow online training modules for portions of the emergency preparedness training and to recognize certain training from nationally recognized youth-serving organizations.

Response: DSHS declines to revise the rule in response to this comment. Section 265.31(j)(2) requires youth camp operators to ensure each staff member and volunteer successfully completes training on the camp's emergency plan at least once per year. Section 265.31(j)(3) requires youth camp operators to instruct each staff member and volunteer on the proper procedures to follow in an emergency under the plan at least once per year. 25 TAC 265 outlines minimum requirements for youth camp health and safety. Section 265.31(j)(2)-(3) does not specify approved instruction or training formats or supplemental training from organizations but does outline that a youth camp operator is required to train staff and volunteers on their camp's emergency plan and proper emergency procedures annually.

Comment: One commenter suggested adding minimum requirements for the instruction of staff members and volunteers on procedures to follow in an emergency under the plan under §265.31(j)(3).

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(l)(3) details the requirement for a youth camp operator to instruct staff members and volunteers on proper procedures to follow during an emergency event under their emergency plan. The requirement outlined in the statute is consistent with the requirement in §265.31(j)(3). Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: One commenter disagreed with the requirement for a youth camp operator to post the evacuation routes as described in §265.31(k)(1). The commenter stated the requirement is unreasonable and unrealistic for their camp.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(m)(1) requires a youth camp operator to visibly post in each cabin on the youth camp premises the proper evacuation route described in the youth camp's emergency plan. DSHS rules are required to be consistent with statutory requirements.

Comment: Fourteen commenters disagreed with the requirement to illuminate an evacuation route in §265.31(k)(2). Nine commenters cited safety concerns and conflicts with active shooter protocols. Two commenters stated the requirement would create a negative impact on the environment related to conservation. Two commenters stated the requirement was unreasonable and ineffective.

Comment: Twelve commenters inquired about the minimum standards for the illumination requirement in §265.31(k)(2). Fourteen commenters inquired if reflectors on an evacuation route were adequate to satisfy the requirement in §265.31(k)(2). One commenter inquired if spotlights could satisfy the illumination requirement in §265.31(k)(2).

Response: No revision is made to the rule in response to this comment. Section 265.31(k)(2) requires a youth camp operator to ensure each evacuation route on the camp premises is illuminated at night. For an evacuation route to be illuminated at night, a lighting system is needed. Section 265.31(k)(2) does not require a specific type of lighting system but does require adequately illuminated evacuation routes to support safe evacuation at night. Generally, a reflector is reliant on an external light source to reflect visible light. As such, reflectors alone would not satisfy the requirement of illumination in §265.31(k)(2).

Comment: Seventeen commenters suggested revising §265.31(k)(2) to specify that illumination of evacuation routes can be satisfied with reflectors, arrows with reflective paint/decals, solar lighting, or other suitable markings that can be seen in the dark. One commenter suggested revising §265.31(k)(2) to specify that evacuation routes can be illuminated with reflective signs, directional markers, or other objects that are visible in low light conditions.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(m)(2) requires a youth camp operator to ensure each evacuation route on the camp premises is illuminated at night. For an evacuation route to be illuminated at night, a lighting system is needed. Section 265.31(k)(2) does not require a specific type of lighting system but does require adequately illuminated evacuation routes to support safe evacuation at night. Generally, a reflector is reliant on an external light source to reflect visible light. As such, reflectors alone would not satisfy the requirement of illumination in §265.31(k)(2).

Comment: One commenter suggested revising §265.31(k)(2) to limit the requirement to residential camps.

Response: DSHS declines to revise the rule in response to this comment. Under HSC §141.002(6) and 25 TAC Chapter 265, Subchapter B, all licensed youth camps must comply with the same statutory and regulatory requirements. HSC §141.0091(m)(2) requires a youth camp operator to ensure each evacuation route on the camp premises is illuminated at night. DSHS rules are required to be consistent with statutory requirements. The statute and the rules do not create a separate category for limiting the illumination of evacuation routes at night to residential camps. Therefore, all youth camp operators that operate at night are subject to the illumination requirement in §265.31(k)(2).

Comment: One commenter inquired if evacuation routes need to be illuminated for day camps.

Response: No revision is made to the rule in response to this comment. A day camp, as defined in §265.11(8), is a camp that operates between 7:00 a.m. and 10:00 p.m. and offers no more than two overnight stays during each camp session. Section 265.31(k)(2) requires a youth camp operator to ensure each evacuation route on the camp premises is illuminated at night. As such, any youth camp that operates at night would be required to comply with §265.31(k)(2).

Comment: One commenter suggested inserting "that is powered by an on-site electrical source such as a generator" after "at night" in §265.31(k)(2) to ensure the evacuation routes are illuminated even if third party electrical services are interrupted at the campground.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0091(m)(2) requires a youth camp operator to ensure each evacuation route on the camp premises is illuminated at night. Section 265.31(k)(2) is consistent with this requirement. 25 TAC Chapter 265 outlines minimum requirements for Texas youth camp health and safety and does not prevent a youth camp operator from using an on-site electrical source such as a generator to power their evacuation route lighting. Furthermore, §265.29 outlines the YCSMT. Additional minimum standards not presented in the rules may be developed and proposed by the YCSMT for adoption by the executive commissioner if necessary.

Comment: Seven commenters inquired about what constitutes a reportable structural modification in §265.31(l).

Response: No revision is made to the rule in response to this comment. A modification consists of any modification to a structure intended to facilitate youth camp activities or the location of a camp activity on the camp's premises as outlined in §265.31(l)(1) and (2), respectively. The notification requirement in §265.31(l) allows DSHS to evaluate if the modification impacts any aspect of the emergency plan developed by the youth camp operator (e.g., emergency evacuation route). If so, DSHS would require the youth camp operator to update the emergency plan as required in §265.31(m).

Comment: Two commenters suggested revising §265.31(l)(1) to specify that notification is only required for major renovations such as modifications to the ingress and egress of a permanent structure intended to facilitate youth camp activities to align with §265.24(a)(2)(C)(ii). One commenter suggested revising §265.31(l)(1) to limit the notification to major modifications rather than routine maintenance.

Response: DSHS declines to revise the rule in response to this comment. The requirement of a youth camp operator to notify DSHS of any modification to a structure intended to facilitate youth camp activities is outlined in HSC §141.0093(a)(1). This requirement is separate from the requirement in HSC §141.005(a)(2)(C)(ii) that requires a license holder to submit a renewal application after renovating any existing cabins that alters the method of ingress or egress to a cabin. DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter inquired if DSHS needs to be notified of modifications to any activities within the camp or only activities within a floodplain.

Response: No revision is made to the rule in response to this comment. Section 265.31(l)(1)-(2) requires a youth camp operator to notify the department of any modification to a structure intended to facilitate youth camp activities or the location of a camp activity on the camp's premises. The rule does not limit this notification requirement to structures or camp activities within a floodplain.

Comment: Four commenters disagreed with the requirement to notify DSHS of any modification to the location of a camp activity on the camp's premises in §265.31(l)(2). One commenter suggested revising §265.31(l)(2) to specify that notification is only required for modification to the location of a specialized camp activity.

Response: DSHS declines to revise the rule in response to this comment. The requirement of a youth camp operator to notify DSHS of any modification to the location of a camp activity on the camp's premises is outlined in HSC §141.0093(a)(2). The statute does not authorize DSHS to limit notification of modifications to specialized activities. DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter suggested adding a subsection in §265.31 that permits the department to initiate proceedings to suspend or revoke a youth camp license if the operator is in violation of any rules in the chapter and to reinstate a youth camp license after DSHS determines the operator is in compliance with the rules. The commenter stated this addition is necessary to comply with HSC §141.012 and §141.0094.

Response: DSHS declines to revise §265.31 in response to this comment. HSC §141.012 (License Revocation) and §141.0094 (Denial or Suspension of License for Noncompliance) already authorize the department to deny, suspend, revoke, or reinstate a youth camp license when a license holder violates applicable health and safety statutes or rules or fails to correct violations within a specified timeframe. These enforcement authorities are implemented through existing department rules and enforcement processes and are not required to be restated within each operational rule section. Chapter 265, specifically rules §§265.24, 265.25, 265.26, and 265.27, already provides a comprehensive enforcement framework governing inspections, corrective action, license denial, suspension, revocation, and reinstatement, including the use of compliance timeframes and administrative due process. Adding a duplicative enforcement subsection within §265.31 would be unnecessary and could create confusion by implying that enforcement authority is limited to, or contingent upon, that specific rule section. Accordingly, no rule revision to §265.31 is necessary to comply with HSC §141.012 or §141.0094.

Comment: One commenter suggested adding a subsection in §265.31 that permits the department to seek a civil penalty or injunctive relief against an operator that violates a rule. The commenter stated this addition is necessary to comply with HSC §141.015.

Response: DSHS declines to revise the rule in response to this comment. The ability of DSHS to bring a civil action in a district court for injunctive relief, a civil penalty, or both to a person that violates the rules is already outlined in §265.26(b).

Comment: Ten commenters inquired if an adult volunteer would qualify as a "counselor" for purposes of the counselor to camper ratio outlined in §265.32.

Response: A supervisor or counselor is defined in §265.11(24) as "a person, at least 18 years of age or older, who is responsible for the immediate supervision of campers." As such, a volunteer who meets this definition as well as other requirements outlined in 25 TAC Chapter 265 could qualify as a counselor for purposes of the counselor to camper ratios outlined in §265.32. No revision is made to the rule in response to this comment.

Comment: Thirteen commenters suggested revising §265.32(1)-(3) to require a ratio of one counselor for every 10 campers. Four commenters disagreed with the minimum overnight ratios in §265.32(1)-(3). One commenter suggested removing one age group from §265.32 and grouping campers from 4-6, 7-14, and 15-17 years old. One commenter suggested revising §265.32(2)-(3) to require a ratio of one counselor for every eight campers for ages seven to 12.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.008(c) authorizes DSHS to review and establish minimum camper to counselor ratios for overnight stays at youth camps. DSHS has completed a review of the ACA guidelines and determined the ratios outlined in §265.32 are best suited to protect the health and safety of campers.

Comment: Thirteen commenters suggested revising §265.34 to limit complaints from a verified individual. One commenter suggested revising §265.34 to limit complaint eligibility to individuals with a direct relationship with the camp.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0071(b) requires that DSHS investigate each complaint filed with the department for a youth camp to ensure the youth camp operator is properly implementing the camp's approved emergency plan. Additionally, HSC §141.0071(c) requires this complaint-based inspection to include an inspection to ensure the youth camp's compliance with this chapter in the same manner as HSC §141.007. DSHS rules are required to be consistent with statutory requirements, and DSHS complaint processes allow for the submission of anonymous complaints.

Comment: Five commenters suggested revising §265.34(a) to provide specific guidance on acceptable placement and minimum requirements of the link on a youth camp's website that directs a user to the DSHS complaint website.

Response: DSHS declines to revise the rule in response to this comment. Section 265.34(a) requires a youth camp operator's public-facing website to include a prominent, clearly marked link to the DSHS complaint website where campers, parents, camp staff, and volunteers can report noncompliance. Section 265.34(a) does not specify acceptable placement or minimum requirements for the link to the DSHS complaint website. DSHS will assess compliance with this requirement by reviewing if the link is reasonably visible and prominently placed on the youth camp operator's website.

Comment: Four commenters disagreed with the requirement for a youth camp operator's website to have a link to the DSHS complaint website in §265.34(a). The commenters argued that the required additional inspection from a complaint takes a lot of time and diverts attention away from oversight of the camp and campers, especially if the inspection is not limited to emergency plans.

Response: DSHS declines to revise the rule in response to this comment. HSC §141.0071(a) requires a youth camp operator's website to have a link to the DSHS complaint website. Furthermore, HSC §141.0071(b) requires that DSHS investigate each complaint filed with the department for a youth camp to ensure the youth camp operator is properly implementing the camp's approved emergency plan. HSC §141.0071(c) requires this complaint-based inspection include an inspection to ensure the youth camp's compliance with this chapter in the same manner as HSC §141.007. DSHS rules are required to be consistent with statutory requirements.

Comment: One commenter inquired if §265.34 applies to emergency preparedness or all forms of complaints.

Response: Section 265.34(a) requires a youth camp operator's public-facing website to include a prominent, clearly marked link to the DSHS complaint website where campers, parents, camp staff, and volunteers can report noncompliance with any portion of 25 TAC Chapter 265. No revision is made to the rule in response to this comment.

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 HSC §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 HSC §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 HSC Chapter 1001.

§265.18. Fire Prevention.

(a) Fire and safety codes. Facilities at all youth camps that meet the definition of a campground as defined in Texas Health and Safety Code Section 762.001(2), 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. Facilities at all youth camps must meet local fire and safety codes.

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

(c) Storage of flammable or explosive materials. Containers of gasoline, flammables, or explosives must be plainly marked and stored in a locked area separate and apart from any permanent and semi-permanent structures used by campers. The presence of flammable or explosive materials must 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 possess a valid youth camp license prior to operating a youth camp.

(1) Submitting an application. A complete 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:

(A) 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) any other requested documents and information; and

(E) the license fee, as described in §265.28 of this subchapter (relating to Fees).

(2) Applications and fees. Applications and fees may be submitted online to https://vo.ras.dshs.state.tx.us.

(3) Qualifying for a youth camp license. Subject to subsection (j) of this section, a facility qualifies for a youth camp license if the facility:

(A) meets the definition of a "youth camp," as described in §265.11 of this subchapter (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 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.

(b) Processing applications.

(1) A complete application must be submitted to the Environmental and Sanitation Licensing Branch at least 90 calendar days before 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.

(2) Upon receipt of an application, the department issues the following documents in accordance with policy, as applicable:

(A) a license after the date of successfully passing the pre-licensing inspection--within 45 days;

(B) a letter of application deficiency--within 45 days; or

(i) The camp must provide proof of all deficiency corrections, except for corrections to the emergency plan, within 10 days after the inspection or before 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, and no good cause exists for the delay, the applicant may request reimbursement of all fees paid in that particular application process so long as a complete application was submitted at least 120 calendar days prior to camp operation. Requests for reimbursement must be made in writing to the Environmental and Sanitation Licensing Branch. 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 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 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 the final decision and provides 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 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 be made available to the department within two business days upon request.

(d) Term of license. The term of a youth camp license is 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 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 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 nonrefundable fee of $20 will be assessed.

(j) Denials.

(1) The department may deny an application for licensing to applicants who fail to meet the standards established by the Act and this subchapter. In making this determination, the department considers any violation by the applicant of the Act or this subchapter, including employment of an individual who was convicted of an act of sexual abuse, as defined by Texas Penal Code §21.02, that occurred at the camp. When the department proposes to deny an application, the department gives notice of the proposed action in writing and provides information on how to request an administrative hearing. The applicant must submit a written request for a hearing within 30 days from the date of the department's notice letter. The hearing is conducted in accordance with the 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).

(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 revoked may not reapply for a new license for two years from the date of final 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 holding a license issued under this chapter must submit a complete renewal application to operate a youth camp. A renewal application must be submitted:

(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 address provided by the licensee. The licensee is responsible for renewing the license whether the licensee receives the department's notice or not. The renewal notice states:

(1) license type requiring renewal;

(2) time period allowed for renewal; and

(3) the amount of the renewal fee.

(c) Renewal requirements. Renewal applications and fees must be received by the department before the license's annual expiration date.

(1) Submitting an application. A complete renewal application must be submitted to the department and include:

(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) any other requested documents and information; and

(F) the renewal license fee as described in §265.28 of this subchapter (relating to Fees).

(2) Applications and fees. Applications and fees may be submitted online to https://vo.ras.dshs.state.tx.us.

(3) Qualifying for renewal of a youth camp license. Subject to subsection (k) of this section, the department issues a renewal license if the facility:

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

(B) is in compliance with all provisions of the Act and the rules before 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 for a license renewal issued under this subchapter must be received by the department's Environmental and Sanitation Licensing Branch before the expiration date of the license or 45 days before 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:

(A) a license--within 30 days;

(B) a letter of renewal application deficiency--within 30 days; or

(i) The camp must provide proof of all deficiency corrections, except for corrections to the emergency plan, within 10 days after the inspection or before camp operation, whichever comes first.

(3) In the event that a timely and complete application for license renewal is not processed within timeframe established in department policy, 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 be made by email to youthcamps.reg@dshs.texas.gov. 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 be renewed. A new license may be obtained by submitting a new application in compliance with §265.23 of this subchapter (relating to Application and Denial of a New License; Non-transferable). If the license is renewed after its expiration date, the renewed license expires on the date the license would have expired if the license had 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 be submitted to and approved by the department's Environmental and Sanitation Licensing Branch before submitting the renewal application.

(g) Application determination affecting license expiration. If a license holder submits a timely and complete license renewal application, 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 review of the agency order or a later date granted by order of the reviewing court.

(h) Reapplication for license upon revocation. A license holder whose license has been revoked may not reapply for a new license for two years from the date of final revocation.

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

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

(k) Denials.

(1) The department may deny a renewal application for licensing to applicants who fail to meet the standards established by the Act and this subchapter. The department considers any violations by the applicant of the Act or this subchapter, including employment of an individual who was convicted of an act of sexual abuse, as defined by Texas Penal Code §21.02, that occurred at the camp. When the department proposes to deny a renewal application, the department gives notice of the proposed action in writing and provides information on how to request an administrative hearing. The hearing is conducted in accordance with the 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).

(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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2026.

TRD-202600089

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: February 2, 2026

Proposal publication date: November 28, 2025

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

25 TAC §265.29

STATUTORY AUTHORITY

The repeal is authorized by HSC §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 HSC §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 HSC Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2026.

TRD-202600088

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: February 2, 2026

Proposal publication date: November 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 repeals are authorized by HSC §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 HSC §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 HSC Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2026.

TRD-202600090

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: February 2, 2026

Proposal publication date: November 28, 2025

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

SUBCHAPTER B. TEXAS YOUTH CAMPS SAFETY AND HEALTH

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), adopts new §265.36, concerning Prohibited Operation of Cabins within Floodplains.

Section 265.36 is adopted with changes to the proposed text as published in the November 28, 2025, issue of the Texas Register (50 TexReg 7689). This rule will be republished.

BACKGROUND AND JUSTIFICATION

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

COMMENTS

The 21-day comment period ended December 19, 2025.

During this period, DSHS received comments regarding the proposed rule from 34 commenters. DSHS received comments from Beloved and Beyond, Camp Aranzazu, Camp Eagle, Camp Longhorn, Camp Peniel, Camping Association for Mutual Progress (C.A.M.P.), Cho-Yeh Camp and Conference Center, Forest Glen Camps and Retreats, Girl Scouts of Central Texas, Heart of Texas Baptist Camp, Laity Lodge Youth Camp, Lake Brownwood Christian Retreat, Latham Springs Camp and Retreat Center, Morgan's Camp, Mt. Lebanon Camp, Northgate Resorts, Plains Baptist Camp and Retreat Center, Scouting America - Longhorn Council, Still Water Camps, Sun Communities, Inc., University of Houston, Victory Camp and two individual commenters. A summary of comments relating to the rule and DSHS's responses follows.

Comment: Two commenters disagreed with the cabin floodplain restrictions in §265.36.

Response: DSHS declines to revise the rule in response to this comment. Texas Health and Safety Code (HSC) §762.001(4) defines a floodplain as "any area within a 100-year floodplain identified by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.). This term includes any area removed from the 100-year floodplain by a letter of map amendment (LOMA), a letter of map revision (LOMR) based on fill, or a substantially similar administrative process conducted by the Federal Emergency Management Agency." HSC §141.0052 prevents DSHS from issuing or renewing a license for a youth camp that operates one or more cabins located within a floodplain unless the youth camp meets the requirements outlined in proposed §265.36(1) - (3). DSHS rules are required to be consistent with statutory requirements.

Comment: Two commenters suggested revising §265.36 to allow alternative data besides FEMA maps for floodplain determination, including a LOMR. One commenter suggested revising §265.36 to allow FEMA Base Level Engineering maps (BLE) to work alongside FIRM for Zone A areas. One commenter suggested revising §265.36 to allow FEMA documentation such as a LOMA to exempt cabins from the floodplain requirements in the section.

Response: DSHS declines to revise the rule in response to this comment. Texas Health and Safety Code (HSC) §762.001(4) defines a floodplain as "any area within a 100-year floodplain identified by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 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 the Federal Emergency Management Agency." For purposes of the definition of floodplain in §265.11(12), a Letter of Map Revision (LOMR) is considered a substantially similar administrative process to a Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill (LOMR-F).

Comment: One commenter inquired about the applicability of the prohibited operation of cabins within floodplains in §265.36 to university academic enrichment programs, day-only youth programs, and other university-based offerings.

Response: DSHS explains that the definition of youth camp in §265.11(30)(H) specifically excludes "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." Texas Education Code §51.976(a)(2) defines campus program for minors as a program that: "(A) is operated by or on the campus of an institution of higher education or a private or independent institution of higher education; (B) offers recreational, athletic, religious, or educational activities for at least 20 campers who: (i) are not enrolled at the institution; and (ii) attend or temporarily reside at the camp for all or part of at least four days; and (C) is not a day camp or youth camp as defined by Section 141.002, Health and Safety Code, or a facility or program required to be licensed by the Department of Family and Protective Services."

Comment: One commenter suggested revising Texas Health and Safety Code §762.002(a)(1) to only apply the emergency ladder requirement to cabins located at youth camps and not Park Model RVs (PMRVs) or cabins located in campgrounds and recreational vehicle parks.

Response: DSHS declines to revise the rule in response to this comment. DSHS is unable to amend any Texas Health and Safety Code statutory requirement as part of its rulemaking process. A Texas statute is created or amended by the Texas Legislature. The requirement to install and maintain an emergency ladder capable of providing access to a cabin's roof outlined in proposed §265.36(3) only applies to youth camp operators.

Comment: One commenter suggested inserting "or allow a camper to stay overnight in a cabin" after "operate a cabin" in §265.36 to specify that a cabin in a floodplain may not be used as overnight sleeping quarters for campers.

Response: DSHS disagrees and declines to revise the rule in response to this comment. A youth camp that is not permitted to operate a cabin located in a floodplain as specified in §265.36 is also prevented from allowing overnight campers to use the cabin as sleeping quarters.

Comment: Five commenters inquired about acceptable methods for measuring distance from a floodway and whether this measurement should be taken from the closest tent/structure or from the property boundary.

Response: Section 265.36(a)(2) requires each cabin to be at least 1,000 feet from a floodway. As such, any measurement to determine distance for compliance with this section would be of any cabin in a floodplain to the floodway. Section 265.36(a)(2) does not specify approved methods of measurement. DSHS expects that a youth camp operator will use reliable, industry standard measuring methods produced by experts such as maps, surveys, or other such resources. DSHS will evaluate data to determine if the provided measurement is acceptable to promote emergency planning.

Comment: Eleven commenters suggested revising the ladder requirement in proposed §265.36(3) to take into consideration building height, roof pitch, and current OSHA standards. Nine commenters suggested revising the ladder requirement as the commenters believe that a ladder will present safety hazards. One commenter suggested removing the ladder requirement from the rule.

Response: DSHS disagrees and declines to revise the rule in response to this comment. Texas Health and Safety Code §762.002(a)(1) requires a youth camp operator to install and maintain in each campground cabin located within the floodplain an emergency ladder capable of providing access to the cabin's roof. DSHS rules are required to be consistent with statutory requirements. Proposed §265.36(3) also does not prevent a youth camp operator from adhering to any other applicable health and safety regulations.

Comment: One commenter inquired if a ladder in proposed §265.36(3) needs to be affixed to the cabin and if the ladder needs a minimum rating.

Response: DSHS explains that proposed §265.36(3) requires the youth camp operator to install and maintain an emergency ladder capable of providing access to the cabin's roof. An emergency ladder capable of providing access to a cabin's roof would comply with this requirement whether it is affixed to the cabin or not. However, proposed §265.36(3) does not preclude a youth camp operator from adhering to any other applicable health and safety regulations.

DSHS made a minor editorial change to proposed §265.36(3) to provide clarity, renumbered as §265.36(b).

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.

§265.36. Prohibited Operation of Cabins within Floodplains.

(a) 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.

(b) A youth camp that operates a cabin within the floodplain as described in subsection (a) of this section must install and maintain an emergency ladder capable of providing access to the cabin's roof.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2026.

TRD-202600093

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: February 2, 2026

Proposal publication date: November 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), adopts new §265.37, concerning Redundant Internet Connections Required.

Section 265.37 is adopted without changes to the proposed text as published in the November 28, 2025, issue of the Texas Register (50 TexReg 7690). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The new rule is necessary to comply with Senate Bill (SB) 1 and House Bill (HB) 1, 89th Legislature, Second Special Session, 2025, that amended Texas Health and Safety Code (HSC) Chapter 141, which requires the department to set the requirements for youth camp safety and health in relation to redundant internet connections.

COMMENTS

The 21-day comment period ended December 19, 2025.

During this period, DSHS received comments regarding the proposed rule from 108 commenters. DSHS received comments from Allaso Ranch, Bandina Christian Youth Camp, Beloved and Beyond, the Broadband Development Office, Broadband Fabric Partners, Buffalo Trail Scout Ranch, Camp Aranzazu, Camp Copass, Camp Doublecreek, Camp El Ranchito, Camp Hidden Acres, Camp Liberty, Camp Longhorn, Camp Peniel, Camp Summit, Camp Wilderness Ridge, Camp Zephyr, Camping Association for Mutual Progress (C.A.M.P.), Cho-Yeh Camp and Conference Center, Cross Trails Ministry, Forest Glen Camps and Retreats, Girl Scouts of Central Texas, Girl Scouts of Greater South Texas, Girl Scouts of Northeast Texas, Girl Scouts of San Jacinto, Heart of Texas Baptist Camp, His Hill Ranch Camp, John Knox Ranch, Lake Brownwood Christian Retreat, Lake Lavon Baptist Encampment, Lakeview Camp, Latham Springs Camp and Retreat Center, Lower Colorado River Authority (LCRA), Mt. Lebanon Camp, Panfork Baptist Encampment, Plains Baptist Camp and Retreat Center, Riverbend Retreat Center, Sandy Creek Bible Camp, Scouting America - Alamo Area Council, Scouting America - Bay Area Council, Scouting America - Capitol Area Council, Scouting America - Circle Ten Council, Scouting America - East Texas Area Council, Scouting America - Golden Spread Council, Scouting America - Longhorn Council, Scouting America - Sam Houston Area Council, Slumber Falls Camp, Southwestern Texas Synod, Still Water Camps, T Bar M Camps & Retreats, Tejas Camp and Retreat, Texas Brigades, Texas Telephone Association, Texas Travel Alliance, Timberline Baptist Camp, University of Houston, Victory Camp, The Master's Workshop Camp, and eight individual commenters. DSHS declines to make any suggested changes at this time.

A summary of comments relating to the rule and DSHS's responses follows.

Comment: A commenter suggested removing the requirement for high-speed broadband services in §265.37.

Comment: Three commenters inquired whether broadband service in §265.37 is required for all youth camp buildings housing campers, for one designated building such as an administration building, or something else.

Response: DSHS explains that §265.37(1) requires a youth camp operator to provide and maintain for a youth camp, internet service through a broadband service that connects to the internet using end-to-end fiber optic facilities. Additionally, §265.37(2) requires a youth camp operator to provide and maintain for a youth camp, a secondary internet connection through a broadband service distinct from a broadband service that connects to the internet using end-to-end fiber optic facilities. If a youth camp operator can demonstrate they are providing and maintaining internet services described in §265.37(1) and (2) at the youth camp, then the youth camp operator would be determined to be compliant with this section. Neither the rule nor the statute specifies that youth camp operators must maintain the broadband internet service requirements for all camp buildings or cabins.

Comment: A commenter suggested revising §265.37 to limit application of the requirements in the section to campgrounds. For youth camps held at non-camp locations, the commenter proposed adding other minimum requirements.

Response: DSHS declines to revise the rule in response to this comment. Under HSC §141.002(6) and §141.0094, and 25 Texas Administrative Code (TAC) Chapter 265, Subchapter B, all licensed youth camps must comply with the same statutory and regulatory requirements regardless of whether they use owned or non-owned locations. The statute does not create a separate category for camps held at non-camp facilities. As such, all youth camp operators must comply with all requirements outlined in the statute. HSC §141.0092(b)(1) requires a youth camp operator to maintain internet services through a broadband service that connects to the internet using end-to-end fiber optic facilities. Additionally, the requirement of a youth camp operator to maintain a secondary internet connection through a broadband service distinct from a broadband service that connects to the internet using end-to-end fiber optic facilities is stated in HSC §141.0092(b)(2). DSHS rules are required to be consistent with statutory requirements.

Comment: A commenter questioned why redundant internet access is necessary in §265.37 if §265.31(h)(2) already requires a public address system operable without reliance on an internet connection.

Response: DSHS explains that the requirement of a youth camp operator to maintain a secondary internet connection through a broadband service distinct from a broadband service that connects to the internet using end-to-end fiber optic facilities is required in HSC §141.0092(b)(2). This is a separate requirement from a public address system operable without reliance on an internet connection as described in HSC §141.0091(c)(2)(B). DSHS rules are required to be consistent with statutory requirements.

Comment: A commenter inquired about the applicability of redundant internet connections in §265.37 to university academic enrichment programs, day-only youth programs, and other university-based offerings.

Response: DSHS explains that the definition of youth camp in §265.11(30)(H) specifically excludes "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 (TEC) §61.003, that is regularly inspected by one or more local governmental entities for compliance with health and safety standards." TEC §51.976(a)(2) defines campus program for minors as a program that: "(A) is operated by or on the campus of an institution of higher education or a private or independent institution of higher education; (B) offers recreational, athletic, religious, or educational activities for at least 20 campers who: (i) are not enrolled at the institution; and (ii) attend or temporarily reside at the camp for all or part of at least four days; and (C) is not a day camp or youth camp as defined by HSC §141.002, or a facility or program required to be licensed by the Department of Family and Protective Services."

Comment: Fourteen commenters questioned whether the requirements in §265.37 are necessary and whether there are alternatives to these requirements.

Response: DSHS explains that HSC §141.0092(b)(1) requires a youth camp operator to maintain internet services through a broadband service that connects to the internet using end-to-end fiber optic facilities. Additionally, the requirement of a youth camp operator to maintain a secondary internet connection through a broadband service distinct from a broadband service that connects to the internet using end-to-end fiber optic facilities is required in HSC §141.0092(b)(2). DSHS rules are required to be consistent with statutory requirements.

Comment: Fifty-eight commenters suggested revising the requirement for a fiber optic broadband service detailed in §265.37(1) to include alternative types of broadband services. Two commenters disagreed with the requirement for a fiber optic broadband service. Three commenters suggested removing the fiber optic broadband service requirement. Eight commenters suggested allowing an exemption, variance, or waiver for the fiber optic broadband service requirement.

Response: DSHS declines to revise the rule in response to these comments. HSC §141.0092(b)(1) requires a youth camp operator to maintain internet services through a broadband service that connects to the internet using end-to-end fiber optic facilities. DSHS rules are required to be consistent with statutory requirements.

Comment: Ten commenters suggested extending the compliance timeline for youth camps to have a broadband internet service using end-to-end fiber optic facilities in §265.37(1). Nine commenters suggested revising §265.37(1) to allow phased compliance for youth camps without access to fiber broadband. One commenter inquired about the implementation timeline of the requirements outlined in §265.37(1).

Response: DSHS declines to revise the rule in response to this comment. DSHS must adopt the rules to comply with the requirements added to HSC §141.0092 from HB 1 and SB 1, 89th Legislature, which were effective September 5, 2025. HSC §141.0092(b)(1) requires a youth camp operator to maintain internet services through a broadband service that connects to the internet using end-to-end fiber optic facilities. DSHS rules are required to be consistent with statutory requirements.

Comment: Sixteen commenters suggested removing §265.37(2) to allow a youth camp to maintain only a single internet service. Three commenters suggested revising §265.37(2) to allow a youth camp to maintain alternative communication methods that do not rely on a broadband connection.

Response: DSHS declines to revise the rule in response to this comment. The requirement of a youth camp operator to maintain a secondary internet connection through a broadband service distinct from a broadband service that connects to the internet using end-to-end fiber optic facilities is required in HSC §141.0092(b)(2). DSHS rules are required to be consistent with statutory requirements.

Comment: A commenter inquired if the requirement in §265.37(2) can be satisfied by using a separate and distinct fiber optic cable.

Response: DSHS explains that §265.37(2) requires a youth camp operator to provide and maintain for a youth camp, a secondary internet connection through a broadband service. This secondary internet connection must be distinct from an internet service through a broadband service that connects to the internet using end-to-end fiber optic facilities, which is required under §265.37(1).

Comment: A commenter inquired if a cell phone hot spot can satisfy the secondary internet requirement in §265.37(2).

Response: DSHS explains that §265.37(2) does not specify approved types of secondary internet connections. However, as outlined in §265.37(2), a secondary internet connection through a broadband service must be distinct from the service in §265.37(1). A secondary internet connection must also meet the definitional requirements of a broadband service outlined in §265.11(3).

Comment: A commenter inquired if the secondary internet connection in §265.37(2) needs to be from a different provider.

Response: DSHS explains that §265.37(2) requires a youth camp operator to provide and maintain for a youth camp, a secondary internet connection through a broadband service. This secondary internet connection must be distinct from the internet service described in §265.37(1). Section 265.37(2) does not specify that the secondary internet must be from a different internet service provider.

Comment: A commenter agreed with DSHS using the Broadband Development Office's broadband service definition. The commenter stated the definition provides for a technology-neutral approach in the type of broadband service each camp can utilize to meet connectivity requirements, specifically the secondary internet connection in §265.37(2).

Response: DSHS appreciates the comment.

STATUTORY AUTHORITY

The new section is authorized by HSC §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 HSC §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 HSC Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2026.

TRD-202600095

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: February 2, 2026

Proposal publication date: November 28, 2025

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