By:  Madla                                             S.B. No. 170
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to swimming pool enclosures.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Chapter 214, Local Government Code, is amended by
    1-4  adding Subchapter C, to read as follows:
    1-5        Section 214.100.  Authority Regarding Swimming Pool
    1-6  Enclosures.
    1-7        (a)  A municipality may, by ordinance, establish minimum
    1-8  standards for swimming pool fences, enclosures, and covers and may
    1-9  adopt other ordinances as necessary to carry out this subchapter.
   1-10        (b)  A municipality that adopts an ordinance under this
   1-11  subchapter may repair, replace, secure, or otherwise remedy an
   1-12  enclosure, fence, or cover that is damaged, deteriorated,
   1-13  substandard, dilapidated, or otherwise in a state that poses a
   1-14  hazard to the public health, safety, and welfare.
   1-15        (c)  A municipality may require the owner of the property on
   1-16  which the swimming pool or enclosure, fence, or cover is situated,
   1-17  after a notice and hearing as provided in Section 214.001(c) and
   1-18  (d) of the Local Government Code, to repair, replace, secure, or
   1-19  otherwise remedy an enclosure, fence, or cover of a swimming pool
   1-20  the municipality or an appropriate municipal official, agent, or
   1-21  employee determines violates the minimum standards adopted under
   1-22  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  Section 214.0011(c) and (d) of the Local Government Code, of the
    2-5  municipality's action to repair, replace, secure, or otherwise
    2-6  remedy an enclosure, fence, 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 $2,000, 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 premises at a reasonable time
    3-7  to inspect, investigate, or enforce the powers granted under this
    3-8  subchapter or any ordinance adopted pursuant to this subchapter.  A
    3-9  municipality and its officials, agents, or employees shall be
   3-10  immune from liability for any malfeasance, misfeasance or acts or
   3-11  omissions associated with actions taken in an effort to eliminate
   3-12  the dangerous conditions posed by an enclosure, fence, or cover
   3-13  that is damaged, deteriorated, substandard, dilapidated, or
   3-14  otherwise in a state that poses a hazard to the public health,
   3-15  safety, and welfare and for any previous or subsequent conditions
   3-16  on the property.
   3-17        (h)  The authority granted by this subchapter is in addition
   3-18  to that granted by any other law.
   3-19        SECTION 2.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended.