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A BILL TO BE ENTITLED
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AN ACT
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relating to swimming pool safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 761 to read as follows: |
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CHAPTER 761. POOL SAFETY AT ONE-FAMILY AND TWO-FAMILY DWELLINGS |
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Sec. 761.001. SHORT TITLE. This chapter may be cited as the |
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Drowning Prevention and Swimming Pool Safety Act. |
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Sec. 761.002. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Pool" means a permanent swimming pool, permanent |
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wading pool, or permanent hot tub or spa over 18 inches deep that is |
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located at ground level, aboveground, belowground, or indoors. The |
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term does not include a bay, lake, pond, bayou, river, creek, |
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stream, spring, reservoir, stock tank, culvert, drainage ditch, |
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detention pond, decorative fountain that is not built or intended |
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to be used for immersion purposes, or other flood or drainage |
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facility. |
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(3) "Pool yard" means an area that contains a pool. |
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(4) "Pool yard enclosure" or "enclosure" means a |
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fence, wall, or combination of fences, walls, or gates that |
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completely surrounds a pool. A pool yard enclosure may enclose the |
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pool deck, landscaped areas, and other areas beyond the pool. |
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(5) "Self-closing device" means a device that causes a |
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gate to automatically close without human or electrical power after |
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it has been opened. |
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(6) "Self-latching device" means a device that causes |
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a gate to automatically latch without human or electrical power |
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when the gate closes. |
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(7) "Suction outlet" means the aperture or fitting |
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through which water is drawn from a pool. |
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Sec. 761.003. VOLUNTARY POOL SAFETY RECOMMENDATIONS. |
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(a) The department shall establish voluntary pool safety |
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recommendations for pools at one-family and two-family residences |
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for: |
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(1) pool safety equipment, including covers; |
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(2) pool yard enclosures, including self-closing and |
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self-latching devices for gates in the enclosures; and |
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(3) devices, construction methods, materials, suction |
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outlets, or systems designed to protect against the risk of injury |
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or death due to all forms of entrapment or hair entanglement on |
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suction outlets. |
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(b) In establishing the voluntary pool safety |
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recommendations, the department shall consider: |
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(1) the risk of children drowning; and |
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(2) the risk of entrapment or hair entanglement. |
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Sec. 761.004. CONSUMER INFORMATION. (a) The department |
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shall provide the voluntary pool safety recommendations adopted |
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under Section 761.003 on the department's Internet website. |
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(b) A person who sells or manufactures pools shall provide |
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the buyer of a pool with information on the voluntary pool safety |
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recommendations established by the department by giving the buyer a |
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copy of the recommendations or the address of the Internet website |
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on which the recommendations may be viewed. |
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Sec. 761.005. LIABILITY. This chapter may not be construed |
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to: |
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(1) create or abrogate any liability on behalf of a |
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person who sells or manufactures pools for an injury that arises |
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from the failure to comply with Section 761.004; or |
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(2) constitute evidence of a standard of care. |
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SECTION 2. The heading to Chapter 757, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 757. POOL YARD ENCLOSURES AT CERTAIN DWELLINGS |
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SECTION 3. This Act takes effect September 1, 2007. |