C.S.H.B. 1952 78(R)    BILL ANALYSIS


C.S.H.B. 1952
By: Truitt
Public Health
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, counties are responsible for the inspection and
enforcement of state health regulations for public pools in their
jurisdiction's unincorporated areas. There are, however, no provisions for
county permitting of public and semi-private swimming pool construction,
operation and maintenance to prevent violations of regulations and
standards, or for the collection of a fee to offset the cost of
inspections. With no specific permit required in unincorporated areas,
public and semi-private pools may be constructed and operated at a risk to
public health and safety without any knowledge of their existence by
county health authorities.  C.S.H.B 1952 authorizes a county or
municipality to establish permitting and inspection requirements, as well
as the ability to assess a fee for the permits, and provides civil and
criminal penalties as well as injunctive relief for violations of such
requirements. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

The bill amends the Health and Safety Code to authorize a county or
municipality to require a permit for the operation of a public swimming
pool that is within its jurisdiction, to inspect the public pool to ensure
it is code compliant, and assess a reasonable fee in connection with the
permit or inspection.  The bill authorizes a county or municipality to
close any public pool that is not code compliant within its jurisdiction
for a specified period of time.  The bill specifies that a person commits
a criminal offense if they are not compliant with permitting requirements,
inspection requirements, or closure orders.  The bill provides a penalty
for any person that is not compliant with permitting requirements,
inspection requirements, or closure orders.  The bill authorizes the
imposing of a civil suit if permitting requirements, inspection
requirements, or closure orders are or may be violated.  The bill requires
a court to provide an injunction for the violation or threat of violation
of a permitting requirement, inspection requirement, or closure order.
The bill provides that the language of this Act will only apply to an
offense committed on or after the effective date of this Act. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1952 differs from the original in that it adds language to
authorize a county or municipality to assess a reasonable fee in
connection with the permit or inspection.