SRC-JEC H.B. 1952 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1952
By: Truitt (Brimer)
Intergovernmental Relations
5/10/2003
Engrossed

DIGEST AND PURPOSE 

Currently, counties are responsible for the inspection and enforcement of
state health regulations for public swimming pools within unincorporated
areas.  However, there are no provisions for county permitting of public
pool construction, operation, and maintenance, or for sanctions against
violators of health and safety regulations and standards.  H.B. 1952
allows counties to establish permitting and inspection requirements.  The
bill also provides civil and criminal penalties and injunctive relief for
violations of the permitting and inspection requirements. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 341.064, Health and Safety Code, by adding
Subsections (n) and (o), as follows: 

(n)  Authorizes a county or municipality to:  require that the owner or
operator of a public swimming pool within the jurisdiction of the county
or municipality obtain a permit for operation of the pool; inspect a
public swimming pool within the jurisdiction of the county or municipality
for compliance with this section; and impose and collect a reasonable fee
in connection with a permit or inspection required under this subsection
provided certain conditions are met. 

(o)  Authorizes a county or municipality to by order close, for the period
specified in the order, a swimming pool within the jurisdiction of the
county or municipality if the operation of the pool violates this section
or a permitting or inspection requirement imposed by the county or
municipality under Subsection (n). 

SECTION 2.  Amends Section 341.091(a), Health and Safety Code, to provide
that a person commits an offense if the person violates a permitting or
inspection requirement imposed under Section 341.064(n) or a closure order
issued under Section 341.064(o). 

SECTION 3.  Amends Sections 341.092(b), (d), and (h), Health and Safety
Code, as follows: 

(b)  Requires that a person who violates a permitting or inspection
requirement imposed under Section 341.064(n) or a closure order issued
under Section 341.064(o) be assessed a civil penalty.  Prohibits a civil
penalty under this section from being less than $10 or more than $200 for
each violation and for each day of a continuing violation. 

(d)  Makes conforming changes.

(h)  Makes conforming changes.

SECTION 4.  Makes application of the amendments to Section 341.091, Health
and Safety Code,  made by this Act prospective. 

SECTION 5.  Effective date:  upon passage or September 1, 2003.