Texas lifts safety rule enacted after deadly flood, clearing the way for some summer camps to reopen

The Texas Department of State Health Services is lifting a new requirement for youth camps to install “end-to-end fiber optic facilities” in order to allow them to operate this summer, following a lawsuit from 19 camps that called the measure too challenging.

The state health agency announced on Thursday that it reached an agreement with the 19 operators, allowing camps that maintain a redundant broadband internet service to avoid any potential license denial or revocation for not having fiber service this summer, as long as they meet other safety requirements.

“This agreement will ensure that youth camps in Texas operate with the safety provisions envisioned by the Legislature while allowing camps and families to move forward with their summer plans,” said DSHS Commissioner Jennifer Shuford.

The deal came after leaders of the Texas Legislature, including Lt. Gov. Dan Patrick and Texas House Speaker Dustin Burrows, released statements supporting the removal of the requirement for fiber-optic internet infrastructure at all Texas camps, citing the difficulty of meeting this requirement.

“We also recognize that there may be means other than fiber to provide reliable, redundant internet access, which would satisfy the purpose and spirit of the law,” Patrick and Burrows said in the statement.

In exchange for setting aside the requirement, camps agree to maintain “redundant internet connectivity” through other means, including through cellular or satellite technology. The lawsuit will be set aside until March 1, 2027, according to the agreement.

“This agreement keeps camp doors open for children and families across Texas,” said Brian Anderson, executive director of Camp Peniel, one of the camps that filed the lawsuit. “Camps are places where kids grow, build confidence, and form lifelong friendships, and this outcome makes sure those experiences continue this summer. Camps and campers across Texas are grateful to the state for agreeing to this temporary solution.”

Summer camps in Texas can qualify for licensure through DSHS. To obtain a license, among the steps they must fulfill is submit a sufficient emergency action plan, meet all other safety requirements, and maintain a reliable communication system capable of operating during an emergency, lawmakers said on social media and in statements.

Lawmakers are expected to revisit the camp safety standards in the 90th Legislative session in 2027 while ensuring that camps operate in good faith under these new regulations.

State legislators passed the fiber optic requirement, in addition to mandating a second type of broadband connection, after the July 4 flood in the Texas Hill Country. That flood killed 25 campers, two counselors at Camp Mystic and the camp’s executive director Dick Eastland — information that emergency responders struggled to confirm as one official noted phone lines were down and there was no cell service at the camp.

In April, the group of 19 camps in Texas filed a lawsuit saying the requirement to install fiber optic internet does not make their properties safer, violates the state Constitution and state law regarding property rights, and could prevent them from opening.

The group of camps, which includes Camp Champions, Camp Longhorn and Tejas Ministries, said in the suit that companies advised them that the service either could not be supplied, could not be confirmed as “end-to-end” — a term the lawsuit said isn’t defined — or would cost an amount “that greatly exceeded their resources.”

The suit, filed in a Travis County state district court, offered examples: Camp Liberty, in one extreme, received a quote of $1 million in upfront costs plus a $3,500 monthly service fee over five years. Camp Longhorn received a quote of more than $1.2 million.

The original requirement made no exception for rural camps, where fiber optic internet might not be available or “is so costly as to make it economically infeasible or unreasonably burdensome,” the lawsuit states.

This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.