The following words and terms, when used in this chapter shall have the following meanings, unless the content clearly indicates otherwise.

1. (1) Act--Texas Youth Camp Safety and Health Act, Health and Safety Code, Chapter 141.
2. (2) Adult--A person 18 years of age or older.
3. (3) Camper--A minor child, under 18, who is attending a youth camp on either a day or boarding basis.
4. (4) Commissioner--The Commissioner of the Department of State Health Services.
5. (5) Day camp--A camp that operates during the day or any portion of the day between 7:00 a.m. and 10:00 p.m. for four or more consecutive days and that offers no more than two overnight stays during each camp session. To be eligible to be licensed as a youth camp, the camp's schedule must be structured so that each camper attends for more than four hours per day for four consecutive days. The term does not include a facility that is required to be licensed with the Department of Family and Protective Services (formerly the Department of Protective and Regulatory Services).
6. (6) Department--Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3199.
7. (7) Executive Commissioner--Executive Commissioner of the Health and Human Services Commission.
8. (8) Firearm--Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or a burning substance, or any device readily convertible to that use.
9. (9) Hazardous activity--A camp activity such as waterfront activities, archery, horseback riding, challenge courses, or riflery that requires special technical skills, equipment, or safety regulations.
10. (10) Pellet gun--Any device designed, made, or adapted to expel a projectile through a barrel by using compressed air or carbon dioxide. This definition includes, but is not limited to, air guns, air rifles, BB guns, and paintball guns.
11. (11) Permanent structure--Man-made buildings such as dining halls, dormitories, cabins, or other buildings that are constructed to remain stationary.
12. (12) Person--An individual, partnership, corporation, association, or organization. In these rules, a person does not include a government or governmental subdivision.
13. (13) Primitive camp--A youth camp that does not provide either permanent structures or utilities for camper use.
14. (14) Resident camp--A camp that for a period of four or more consecutive days continuously provides residential services to each camper, including overnight accommodations for at least three consecutive nights.
15. (15) Supervisor/counselor--Camp personnel or youth group leader, 18 years of age or older, who is responsible for the immediate supervision of campers.
16. (16) Travel camp--A day or resident camp, lasting for four or more consecutive days, that begins and ends at a fixed location, but may move from location to location on a daily basis.
17. (17) TCEQ--Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, telephone 512-239-1000.
18. (18) Waterfront--A natural, or artificial body of water that includes, but is not limited to, a lake, ocean, bay, pond, river, swimming pool, or spa, which is the site of any water activity.
19. (19) Waterfront activity--A recreational or instructional activity, occurring in, on, or near a waterfront. Waterfront activity includes, but is not limited to, swimming, boating, water skiing, scuba diving, rafting, tubing, synchronized swimming or sailing.

20. (20) Youth camp--A facility or property, other than a facility required to be licensed by the Department of Family and Protective Services that:

    1. (A) has the general characteristics of a day camp, resident camp, or travel camp;
    2. (B) is used for recreational, athletic, religious, or educational activities;
    3. (C) accommodates at least five minors who attend or temporarily reside at the camp for all or part of at least four consecutive days; and
    4. (D) is not a facility or program operated by or on the campus of an institution of higher education or a private or independent institution of higher education as those terms are defined by the Education Code, §61.003, that is regularly inspected by one or more local governmental entities for compliance with health and safety standards.

21. (21) Youth camp, general characteristics of:

    1. (A) a youth camp provides supervision, instruction, and recreation, utilizing a variety of activities primarily in an outdoor, natural environment, for children who are apart from their parents or legal guardians;
    2. (B) a youth camp operates only during school vacation periods, and not more than 120 days per calendar year; and
    3. (C) a youth camp accepts a camper for a minimum of four consecutive days for more than four hours per day.
22. (22) Youth camp operator--Any person who owns, operates, controls, or supervises a youth camp, whether or not for profit.

Source Note:The provisions of this §265.11 adopted to be effective April 16, 2006, 31 TexReg 3049.