By: Madla S.B. No. 170
A BILL TO BE ENTITLED
AN ACT
1-1 relating to municipal regulation of swimming pool enclosures;
1-2 authorizing a civil penalty.
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 SUBCHAPTER C. SWIMMING POOL ENCLOSURES
1-7 Sec. 214.101. AUTHORITY REGARDING SWIMMING POOL ENCLOSURES.
1-8 (a) A municipality may by ordinance establish minimum standards
1-9 for swimming pool fences, enclosures, and covers and may adopt
1-10 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 notice and hearing as provided in Sections 214.001(c) and
1-19 (d), to repair, replace, secure, or otherwise remedy an enclosure,
1-20 fence, or cover of a swimming pool that the municipality or an
1-21 appropriate municipal official, agent, or employee determines
1-22 violates the minimum standards adopted under this subchapter.
1-23 (d) If the enclosure, fence, or cover is on unoccupied
2-1 property or is on property occupied only by persons who do not have
2-2 a right of possession to the property, the municipality shall give
2-3 notice to the owner, in accordance with the procedures set out in
2-4 Sections 214.0011(c) and (d), of the municipality's action to
2-5 repair, replace, secure, or otherwise remedy an enclosure, fence,
2-6 or cover of a swimming pool.
2-7 (e) If a municipality incurs expenses under this subchapter,
2-8 the municipality may assess the expenses on, and the municipality
2-9 has a lien against, unless it is a homestead as protected by the
2-10 Texas Constitution, the property on which the swimming pool or the
2-11 enclosure, fence, or cover is situated. The lien is extinguished
2-12 if the property owner or another person having an interest in the
2-13 legal title to the property reimburses the municipality for the
2-14 expenses. The lien arises and attaches to the property at the time
2-15 the notice of the lien is recorded in the office of the county
2-16 clerk in the county in which the property is situated. The notice
2-17 must contain the name and address of the owner if that information
2-18 can be determined with a reasonable effort, a legal description of
2-19 the real property on which the swimming pool or the enclosure,
2-20 fence, or cover is situated, the amount of expenses incurred by the
2-21 municipality, and the balance due. The lien is a privileged lien
2-22 subordinate only to tax liens and all previously recorded bona fide
2-23 mortgage liens attached to the real property to which the
2-24 municipality's lien attaches.
2-25 (f) An ordinance adopted under this subchapter may provide
3-1 for a penalty, not to exceed $1,000, for a violation of the
3-2 ordinance. The ordinance may provide that each day a violation
3-3 occurs constitutes a separate offense.
3-4 (g) A municipal official, agent, or employee, acting under
3-5 the authority granted by this subchapter or any ordinance adopted
3-6 under this subchapter, may enter any unoccupied premises at a
3-7 reasonable time to inspect, investigate, or enforce the powers
3-8 granted under this subchapter or any ordinance adopted pursuant to
3-9 this subchapter. After providing a minimum of 24 hours notice to
3-10 the occupant, a municipal official, agent, or employee, acting
3-11 under the authority granted by this subchapter or any ordinance
3-12 adopted under this subchapter, may enter any occupied premises to
3-13 inspect, investigate, or enforce the powers granted under this
3-14 subchapter or any ordinance adopted pursuant to this subchapter. A
3-15 municipality and its officials, agents, or employees shall be
3-16 immune from liability for any acts or omissions not knowingly done
3-17 that are associated with actions taken in an effort to eliminate
3-18 the dangerous conditions posed by an enclosure, fence, or cover
3-19 that is damaged, deteriorated, substandard, dilapidated, or
3-20 otherwise in a state that poses a hazard to the public health,
3-21 safety, and welfare and for any previous or subsequent conditions
3-22 on the property.
3-23 (h) The authority granted by this subchapter is in addition
3-24 to that granted by any other law.
3-25 SECTION 2. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.