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.