(a) The maximum number of children one adult can supervise during swimming activities is based on the age of the youngest child in the group and is specified in the following chart:
Attached Graphic
(b) When all of the children in the group are at least four years of age or older, in addition to meeting the required swimming child/adult ratio listed in subsection (a) of this section, at least two adults must supervise four or more children who are actually in the water.
(c) When a child who is non-ambulatory or who is subject to seizures is engaged in swimming activities, you must assign one adult to that one child. This adult must be in addition to any lifeguard on duty in the swimming area. You do not have to meet this requirement if a licensed physician writes orders in which the physician determines that the child:
  (1) Is at low risk of seizures and that special precautions are not needed; or
  (2) Only needs to wear a Coast Guard approved life jacket while swimming and additional special precautions are not needed.
(d) A lifeguard who is supervising the area where the children are swimming may be counted in the child/adult ratio; however, one caregiver must always be present and the lifeguard may not be the only person counted in the child/adult ratio.
(e) A child must wear a Coast Guard approved life jacket while participating in swimming activities in other bodies of water, such as ponds, rivers, lakes, and oceans, if the child is:
  (1) Under the age of 12; or
  (2) Unable to swim, regardless of the child's age.
(f) The ratios in subsection (a) of this section:
  (1) do not include children over the age of 12 years old who are competent swimmers.
  (2) are not required when children are participating in water activities such as sprinkler play or splash pad/wading pool, as long as the standing water is less than two feet.

Source Note: The provisions of this §749.3137 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2272