You must meet the following requirements when children participate in a higher risk recreational activity:
  (1) There must be a person that is responsible for and supervises the higher risk recreational activity;
  (2) When the person supervising the higher risk recreational activity is an employee of the operation, the supervising employee must:
    (A) Determine each participant's experience and skill level; and
    (B) Take this information into account in supervising and assigning equipment or animals to children;
  (3) Continue to meet the child/caregiver ratios and appropriately supervise the children at all times. If the person supervising the higher risk recreational activity is not a caregiver with the operation, then that person cannot be counted in the child/caregiver ratio. For additional requirements for child/adult ratios for swimming activities, see Division 2 of this subchapter (relating to Swimming Activities); and
  (4) You must provide children with equipment that is appropriate to the activity, properly sized and adjusted where applicable, and in good condition.

Source Note: The provisions of this §748.3709 adopted to be effective January 1, 2007, 31 TexReg 7377; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909