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.