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H.B. No. 1952
AN ACT
relating to local regulation of public swimming pools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.064, Health and Safety Code, is
amended by adding Subsections (n) and (o) to read as follows:
(n) A county or municipality may:
(1) 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;
(2) inspect a public swimming pool within the
jurisdiction of the county or municipality for compliance with this
section; and
(3) impose and collect a reasonable fee in connection
with a permit or inspection required under this subsection provided
the following are met:
(A) the auditor for the county shall review the
program every two years to ensure that the fees imposed do not
exceed the cost of the program; and
(B) the county refunds the permit holders any
revenue determined by the auditor to exceed the cost of the program.
(o) A county or municipality may 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. Section 341.091(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person violates this
chapter or a rule adopted under this chapter. 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). An offense under this section is a
misdemeanor punishable by a fine of not less than $10 or more than
$200.
SECTION 3. Sections 341.092(b), (d), and (h), Health and
Safety Code, are amended to read as follows:
(b) A person who violates this chapter or a rule adopted
under this chapter shall be assessed a civil penalty. 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) shall be assessed a civil penalty. A civil penalty under
this section may not be [of not] less than $10 or more than $200 for
each violation and for each day of a continuing violation.
(d) If it appears that a person has violated, is violating,
or is threatening to violate this chapter, [or] a rule adopted under
this chapter, a permitting or inspection requirement imposed under
Section 341.064(n), or a closure order issued under Section
341.064(o), the department, a county, a municipality, or the
attorney general on request by the district attorney, criminal
district attorney, county attorney, or, with the approval of the
governing body of the municipality, the attorney for the
municipality may institute a civil suit in a district court for:
(1) injunctive relief to restrain the person from
continuing the violation or threat of violation;
(2) the assessment and recovery of a civil penalty; or
(3) both injunctive relief and a civil penalty.
(h) In a suit under this section to enjoin a violation or
threat of violation of this chapter, [or] a rule adopted under this
chapter, a permitting or inspection requirement imposed under
Section 341.064(n), or a closure order issued under Section
341.064(o), the court shall grant the state, county, or
municipality, without bond or other undertaking, any injunction
that the facts may warrant, including temporary restraining orders,
temporary injunctions after notice and hearing, and permanent
injunctions.
SECTION 4. (a) The change in law made by this Act to Section
341.091, Health and Safety Code, applies only to an offense
committed on or after the effective date of this Act. For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1952 was passed by the House on May 2,
2003, by the following vote: Yeas 126, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1952 was passed by the Senate on May
27, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor