By Marchant                                            H.B. No. 446
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to swimming pool enclosures.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 214, Local Government Code, is amended by
    1-5  adding Subchapter C, to read as follows:
    1-6        Section 214.100.  Authority Regarding Swimming Pool
    1-7  Enclosures.
    1-8        (a)  A municipality may, by ordinance, establish minimum
    1-9  standards for swimming pool fences, enclosures, and covers and may
   1-10  adopt other ordinances as necessary to carry out this subchapter.
   1-11        (b)  A municipality that adopts an ordinance under this
   1-12  subchapter may repair, replace, secure, or otherwise remedy an
   1-13  enclosure, fence, or cover that is damaged, deteriorated,
   1-14  substandard, dilapidated, or otherwise in a state that poses a
   1-15  hazard to the public health, safety, and welfare.
   1-16        (c)  A municipality may require the owner of the property on
   1-17  which the swimming pool or enclosure, fence, or cover is situated,
   1-18  after a notice and hearing as provided in Section 214.001(c) and
   1-19  (d) of the Local Government Code, to repair, replace, secure, or
   1-20  otherwise remedy an enclosure, fence, or cover of a swimming pool
   1-21  the municipality or an appropriate municipal official, agent, or
   1-22  employee determines violates the minimum standards adopted under
   1-23  this subchapter.
    2-1        (d)  If the enclosure, fence, or cover is on unoccupied
    2-2  property or is on property occupied only by persons who do not have
    2-3  a right of possession to the property, the municipality shall give
    2-4  notice to the owner, in accordance with the procedures set out in
    2-5  Section 214.0011(c) and (d) of the Local Government Code, of the
    2-6  municipality's action to repair, replace, secure, or otherwise
    2-7  remedy an enclosure, fence, or cover of a swimming pool.
    2-8        (e)  If a municipality incurs expenses under this subchapter,
    2-9  the municipality may assess the expenses on, and the municipality
   2-10  has a lien against, unless it is a homestead as protected by the
   2-11  Texas Constitution, the property on which the swimming pool or the
   2-12  enclosure, fence, or cover is situated.  The lien is extinguished
   2-13  if the property owner or another person having an interest in the
   2-14  legal title to the property reimburses the municipality for the
   2-15  expenses.  The lien arises and attaches to the property at the time
   2-16  the notice of the lien is recorded in the office of the county
   2-17  clerk in the county in which the property is situated.  The notice
   2-18  must contain the name and address of the owner if that information
   2-19  can be determined with a reasonable effort, a legal description of
   2-20  the real property on which the swimming pool or the enclosure,
   2-21  fence, or cover is situated, the amount of expenses incurred by the
   2-22  municipality, and the balance due.  The lien is a privileged lien
   2-23  subordinate only to tax liens and all previously recorded bona fide
   2-24  mortgage liens attached to the real property to which the
   2-25  municipality's lien attaches.
    3-1        (f)  An ordinance adopted under this subchapter may provide
    3-2  for a penalty, not to exceed $2,000, for a violation of the
    3-3  ordinance.  The ordinance may provide that each day a violation
    3-4  occurs constitutes a separate offense.
    3-5        (g)  A municipal official, agent, or employee, acting under
    3-6  the authority granted by this subchapter or any ordinance adopted
    3-7  under this subchapter, may enter any premises at a reasonable time
    3-8  to inspect, investigate, or enforce the powers granted under this
    3-9  subchapter or any ordinance adopted pursuant to this subchapter.  A
   3-10  municipality and its officials, agents, or employees shall be
   3-11  immune from liability for any malfeasance, misfeasance or acts or
   3-12  omissions associated with actions taken in an effort to eliminate
   3-13  the dangerous conditions posed by an enclosure, fence, or cover
   3-14  that is damaged, deteriorated, substandard, dilapidated, or
   3-15  otherwise in a state that poses a hazard to the public health,
   3-16  safety, and welfare and for any previous or subsequent conditions
   3-17  on the property.
   3-18        (h)  The authority granted by this subchapter is in addition
   3-19  to that granted by any other law.
   3-20        SECTION 2.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.