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A BILL TO BE ENTITLED
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AN ACT
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relating to swimming pool safety alarms for certain single-family |
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homes; 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. This Act may be cited as the Residential Swimming |
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Pool Safety Act in memory of Grayson James Satarino. |
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SECTION 2. 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. RESIDENTIAL SWIMMING POOL SAFETY |
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Sec. 761.001. DEFINITIONS. In this chapter: |
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(1) "ASTM" means the American Society for Testing and |
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Materials. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Remodel" means a renovation, reconstruction, |
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improvement, or repair of a swimming pool that requires a municipal |
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or county construction permit. |
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(5) "Swimming pool" means any structure intended for |
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swimming or recreational bathing that contains water over 18 inches |
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deep. The term includes an in-ground or above-ground structure, |
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hot tub, spa, portable spa, and non-portable wading pool. |
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Sec. 761.002. APPLICABILITY. This chapter does not apply |
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to: |
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(1) a swimming pool governed by Chapter 757; |
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(2) a hot tub or spa with a locking safety cover that |
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conforms to ASTM Standard F1346-91 (2010), "Standard Performance |
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Specification for Safety Covers and Labeling Requirements for All |
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Covers for Swimming Pools, Spas and Hot Tubs," as it existed on |
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January 1, 2011, or a successor standard that is adopted by the |
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executive commissioner as being at least as safe as the F1346-91 |
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(2010) standard; or |
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(3) a swimming pool in the jurisdiction of a political |
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subdivision of this state that adopts an ordinance regarding alarms |
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for residential swimming pools with requirements that are at least |
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as stringent as the requirements of this chapter. |
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Sec. 761.003. REQUIRED ALARMS. A person who constructs an |
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in-ground swimming pool, installs an above-ground swimming pool, or |
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remodels a swimming pool for a single-family home shall provide for |
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each swimming pool constructed, installed, or remodeled the |
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following: |
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(1) on each door providing direct access from the home |
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to the pool area without an intervening enclosure, an exit alarm |
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that: |
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(A) makes an audible, continuous alarm sound when |
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the door is opened or left ajar; and |
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(B) is battery operated or connected to the |
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electrical wiring of the home; and |
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(2) a swimming pool alarm that: |
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(A) when placed in a swimming pool, will sound on |
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detection of accidental or unauthorized entrance into the water; |
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(B) meets and is certified by an independent |
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third party as conforming to ASTM Standard F2208-08, "Standard |
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Safety Specification for Residential Pool Alarms," as it existed on |
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January 1, 2011, or a successor standard that is adopted by the |
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executive commissioner as being at least as safe as the F2208-08 |
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standard; and |
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(C) is not a swimming protection alarm device |
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designed for individual use, such as an alarm attached to a child |
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that sounds when the child exceeds a certain distance or becomes |
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submerged in water. |
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Sec. 761.004. CONSUMER NOTICE. A person who sells, |
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constructs, installs, or remodels a swimming pool for a |
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single-family home shall provide to the owner of the home written |
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notice of the requirements of this chapter. |
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Sec. 761.005. DUTIES OF EXECUTIVE COMMISSIONER AND |
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DEPARTMENT. (a) The executive commissioner shall adopt rules |
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necessary to implement this chapter. |
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(b) The department shall post on the department's Internet |
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website the requirements of this chapter, including rules adopted |
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under this chapter, and any other residential swimming pool safety |
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information the executive commissioner determines is appropriate. |
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The information must be posted in a format that is easily |
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downloaded. |
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Sec. 761.006. CIVIL PENALTY. (a) A person who fails to |
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comply with Section 761.003 is liable to this state for a civil |
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penalty not to exceed $5,000 for each noncompliance. |
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(b) A person who fails to comply with Section 761.004 is |
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liable to this state for a civil penalty not to exceed $1,000 for |
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each noncompliance. |
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(c) The attorney general may sue to collect a civil penalty |
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under this section. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, reasonable attorney's fees, investigative costs, |
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witness fees, and deposition expenses. |
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SECTION 3. (a) Not later than December 1, 2011, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules and standards required by Chapter 761, Health |
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and Safety Code, as added by this Act. |
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(b) Not later than May 1, 2012, the Department of State |
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Health Services shall post on the department's Internet website the |
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information required by Section 761.005, Health and Safety Code, as |
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added by this Act. |
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(c) Notwithstanding Chapter 761, Health and Safety Code, as |
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added by this Act, a person who constructs an in-ground swimming |
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pool, installs an above-ground swimming pool, or remodels a |
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swimming pool for a single-family home on or after the effective |
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date of this Act is not required to comply with that chapter before |
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May 1, 2012. |
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SECTION 4. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2011. |
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(b) Section 761.006, Health and Safety Code, as added by |
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this Act, takes effect May 1, 2012. |