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A BILL TO BE ENTITLED
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AN ACT
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relating to swimming pool safety; providing a civil penalty. |
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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 |
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Sec. 761.001. DEFINITIONS. In this chapter: |
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(1) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(2) "Main drain" means a submerged suction outlet |
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typically located at the bottom of a pool to conduct water to a |
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recirculating pump. |
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(3) "Pool" means an outdoor or indoor structure |
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intended for swimming or recreational bathing, including an |
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inground or aboveground structure, and includes a hot tub, spa, |
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portable spa, and non-portable wading pool. |
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(4) "Pool yard" means an area that contains a pool. |
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(5) "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 surround a pool. A pool yard enclosure may also enclose |
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the pool deck, landscaped areas, and other areas beyond the pool. |
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(6) "Safety vacuum release system" means a vacuum |
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release system capable of providing vacuum release at a suction |
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outlet caused by a high vacuum occurrence due to a suction outlet |
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flow blockage. |
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(7) "Unblockable drain" means a drain of any size and |
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shape that a human body cannot sufficiently block to create a |
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suction entrapment hazard. |
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Sec. 761.002. REQUIRED SAFETY EQUIPMENT. (a) In |
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accordance with rules adopted by the executive commissioner, a |
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person who sells or installs a pool shall provide, with each pool |
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sold or installed, the following safety equipment: |
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(1) for a residential pool other than a pool governed |
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by Chapter 757, a pool yard enclosure and gate that will effectively |
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prevent a small child from gaining unsupervised and unfettered |
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access to the pool; |
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(2) a device or system to prevent entrapment by a pool |
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drain; and |
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(3) for a pool installed on or after September 1, 2010, |
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either: |
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(A) more than one drain; |
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(B) one or more unblockable drains; or |
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(C) no main drain. |
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(b) A seller or installer required to comply with this |
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chapter may charge the cost of the required safety equipment to the |
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person purchasing the pool. |
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(c) A seller or installer is not required to provide the |
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safety equipment required by Subsection (a) if the person |
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purchasing the pool owns safety equipment that complies with this |
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chapter. The person purchasing the pool must submit proof to the |
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seller or installer of the presence of the required safety |
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equipment in accordance with rules adopted by the executive |
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commissioner. |
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Sec. 761.003. DRAINS. (a) A pool that has a main drain, |
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other than an unblockable drain, must: |
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(1) be equipped with a drain cover that conforms to the |
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ASME/ANSI Standard A112.19.8M "Suction Fittings for Use in Swimming |
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Pools, Wading Pools, Spas, Hot Tubs, and Whirlpool Bathtub |
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Appliances," as it existed on January 1, 2009; and |
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(2) have at least one of the following anti-entrapment |
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devices: |
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(A) a safety vacuum release system, tested by an |
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independent third party, that ceases operation of a pump, reverses |
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the circulation flow, or otherwise provides a vacuum release at a |
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blocked suction outlet and that conforms to: |
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(i) the ASME/ANSI Standard A112.19.17 |
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"Manufactured Safety Vacuum Release Systems (SVRS) for Residential |
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and Commercial Swimming Pool, Spa, Hot Tub, Wading Pool Suction |
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Systems," as it existed on January 1, 2009; or |
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(ii) the ASTM International Standard F2387 |
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"Standard Specification for Manufactured Safety Vacuum Release |
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Systems for Swimming Pools, Spas and Hot Tubs," as it existed on |
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January 1, 2009; |
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(B) a suction-limiting vent system with a |
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tamper-resistant atmospheric opening; |
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(C) a gravity drainage system that uses a |
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collector tank; |
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(D) an automatic pump shut-off system; |
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(E) a device or system that disables the drain; |
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or |
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(F) another system that the executive |
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commissioner determines is effective at preventing the risk of |
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injury or death for children associated with pool drainage systems. |
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(b) The executive commissioner may by rule adopt a successor |
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standard to a standard required by Subsection (a) on a finding that |
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the successor standard adequately promotes safety. |
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Sec. 761.004. ADDITIONAL SAFETY REQUIREMENTS. The |
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executive commissioner may adopt rules to require the owner of a |
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pool at a single-family dwelling to install: |
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(1) a manual or power safety pool cover; |
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(2) a self-closing, self-latching device on a gate |
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providing access to a pool, pool yard, or pool yard enclosure; |
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(3) an audible alert device or alarm on any door with |
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direct access to a pool, pool yard, or pool yard enclosure that |
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sounds when the door is opened; |
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(4) a pool alarm designed to provide rapid detection |
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of an entry into the water of a pool; and |
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(5) any other safety device or feature required by |
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federal law. |
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Sec. 761.005. EDUCATION AND NOTIFICATION. The Department |
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of State Health Services shall conduct an education program to: |
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(1) periodically notify pool owners about the |
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requirements of this chapter and any applicable federal statute or |
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safety standard; and |
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(2) inform the public of methods to prevent drowning |
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and entrapment in pools. |
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Sec. 761.006. CUMULATIVE OF OTHER LAW. The requirements of |
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this chapter are in addition to the requirements of Chapter 757. |
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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, 2009. |