BILL ANALYSIS S.B. 609 By: Madla (Marchant) March 16, 1995 Committee Report (Unamended) BACKGROUND The 73rd Legislature passed S.B. 170 which allowed municipalities to secure abandoned swimming pools at apartment complexes and established statewide uniform standards for pool yard enclosures at apartment community and homeowner association swimming pools. There is concern that a conflict exists between a provision in the Local Government Code and a provision in the Health and Safety Code regarding standards for pool yard enclosures established under a municipal ordinance. PURPOSE As proposed, C.S.S.B. 609 requires standards in a municipal ordinance for pool yard enclosures around abandoned swimming pools to conform to standards under Chapter 757, Health and Safety Code. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 214.101(a), Local Government Code, to require a municipal ordinance containing standards for a pool yard enclosure as defined by Chapter 757, Health and Safety Code, as added by Section 2, Chapter 517, Acts of the 73rd Legislature, 1993, to contain the same standards for the enclosure as are required or permitted by that chapter of the Health and Safety Code. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 609 was considered by the committee in a public hearing on March 20, 1995. The following people testified in favor of the bill: David Mintz, representing the Texas Apartment Association. The bill was reported favorably, without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.