1-1 By: Madla S.B. No. 170
1-2 (In the Senate - Filed January 26, 1993; January 27, 1993,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 3, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; February 3, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE AMENDMENT NO. 1 By: Madla
1-21 Amend S.B. 170 as follows:
1-22 (1) On page 2, line 22, insert "unoccupied" before
1-23 "premises".
1-24 (2) On page 2, line 24, insert the following after the
1-25 period and before "A": "After providing a minimum of 24 hours
1-26 notice to the occupant, a municipal official, agent, or employee,
1-27 acting under the authority granted by this subchapter or any
1-28 ordinance adopted under this subchapter, may enter any occupied
1-29 premises to inspect, investigate, or enforce the powers granted
1-30 under this subchapter or any ordinance adopted pursuant to this
1-31 subchapter."
1-32 A BILL TO BE ENTITLED
1-33 AN ACT
1-34 relating to municipal regulation of swimming pool enclosures;
1-35 authorizing a civil penalty.
1-36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-37 SECTION 1. Chapter 214, Local Government Code, is amended by
1-38 adding Subchapter C to read as follows:
1-39 SUBCHAPTER C. SWIMMING POOL ENCLOSURES
1-40 Sec. 214.101. AUTHORITY REGARDING SWIMMING POOL ENCLOSURES.
1-41 (a) A municipality may by ordinance establish minimum standards
1-42 for swimming pool fences, enclosures, and covers and may adopt
1-43 other ordinances as necessary to carry out this subchapter.
1-44 (b) A municipality that adopts an ordinance under this
1-45 subchapter may repair, replace, secure, or otherwise remedy an
1-46 enclosure, fence, or cover that is damaged, deteriorated,
1-47 substandard, dilapidated, or otherwise in a state that poses a
1-48 hazard to the public health, safety, and welfare.
1-49 (c) A municipality may require the owner of the property on
1-50 which the swimming pool or enclosure, fence, or cover is situated,
1-51 after notice and hearing as provided in Section 214.001(c) and (d),
1-52 to repair, replace, secure, or otherwise remedy an enclosure,
1-53 fence, or cover of a swimming pool that the municipality or an
1-54 appropriate municipal official, agent, or employee determines
1-55 violates the minimum standards adopted under this subchapter.
1-56 (d) If the enclosure, fence, or cover is on unoccupied
1-57 property or is on property occupied only by persons who do not have
1-58 a right of possession to the property, the municipality shall give
1-59 notice to the owner, in accordance with the procedures set out in
1-60 Section 214.0011(c) and (d), of the municipality's action to
1-61 repair, replace, secure, or otherwise remedy an enclosure, fence,
1-62 or cover of a swimming pool.
1-63 (e) If a municipality incurs expenses under this subchapter,
1-64 the municipality may assess the expenses on, and the municipality
1-65 has a lien against, unless it is a homestead as protected by the
1-66 Texas Constitution, the property on which the swimming pool or the
1-67 enclosure, fence, or cover is situated. The lien is extinguished
1-68 if the property owner or another person having an interest in the
2-1 legal title to the property reimburses the municipality for the
2-2 expenses. The lien arises and attaches to the property at the time
2-3 the notice of the lien is recorded in the office of the county
2-4 clerk in the county in which the property is situated. The notice
2-5 must contain the name and address of the owner if that information
2-6 can be determined with a reasonable effort, a legal description of
2-7 the real property on which the swimming pool or the enclosure,
2-8 fence, or cover is situated, the amount of expenses incurred by the
2-9 municipality, and the balance due. The lien is a privileged lien
2-10 subordinate only to tax liens and all previously recorded bona fide
2-11 mortgage liens attached to the real property to which the
2-12 municipality's lien attaches.
2-13 (f) An ordinance adopted under this subchapter may provide
2-14 for a penalty, not to exceed $2,000, for a violation of the
2-15 ordinance. The ordinance may provide that each day a violation
2-16 occurs constitutes a separate offense.
2-17 (g) A municipal official, agent, or employee, acting under
2-18 the authority granted by this subchapter or any ordinance adopted
2-19 under this subchapter, may enter any premises at a reasonable time
2-20 to inspect, investigate, or enforce the powers granted under this
2-21 subchapter or any ordinance adopted pursuant to this subchapter. A
2-22 municipality and its officials, agents, or employees shall be
2-23 immune from liability for any malfeasance, misfeasance, or acts or
2-24 omissions associated with actions taken in an effort to eliminate
2-25 the dangerous conditions posed by an enclosure, fence, or cover
2-26 that is damaged, deteriorated, substandard, dilapidated, or
2-27 otherwise in a state that poses a hazard to the public health,
2-28 safety, and welfare and for any previous or subsequent conditions
2-29 on the property.
2-30 (h) The authority granted by this subchapter is in addition
2-31 to that granted by any other law.
2-32 SECTION 2. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended.
2-37 * * * * *
2-38 Austin,
2-39 Texas
2-40 February 3, 1993
2-41 Hon. Bob Bullock
2-42 President of the Senate
2-43 Sir:
2-44 We, your Committee on Intergovernmental Relations to which was
2-45 referred S.B. No. 170, have had the same under consideration, and I
2-46 am instructed to report it back to the Senate with the
2-47 recommendation that it do pass, as amended, and be printed.
2-48 Armbrister,
2-49 Chairman
2-50 * * * * *
2-51 WITNESSES
2-52 FOR AGAINST ON
2-53 ___________________________________________________________________
2-54 Name: Cary Bovey x
2-55 Representing: Texas Municipal League
2-56 City: Austin
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2-58 FOR AGAINST ON
2-59 ___________________________________________________________________
2-60 Name: Marc Rodriguez x
2-61 Representing: San Antonio
2-62 City: San Antonio
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2-64 Name: Romo Antonio x
2-65 Representing: City of Carrollton
2-66 City: Carrollton
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2-68 Name: David Mintz x
2-69 Representing: Texas Apartment Association
2-70 City: Austin
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