83R2961 TJB-D
 
  By: Dale H.B. No. 1235
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of certain swimming pools by certain
  populous municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 315, Local Government Code, is amended
  by adding Section 315.007 to read as follows:
         Sec. 315.007.  OPERATION OF CERTAIN MUNICIPAL SWIMMING POOLS
  REQUIRED. (a) In this section, "municipal swimming pool" means a
  public swimming pool and any attached property or infrastructure
  required to operate the pool that is owned by a municipality.
         (b)  This section applies only to a municipality with a
  population of 750,000 or more.
         (c)  A municipality must open and operate a municipal
  swimming pool closed for more than one year and less than three
  years if the municipality receives a petition requesting the
  opening of the pool that is filed with the municipal clerk and
  signed by 50 or more qualified voters of the municipality who reside
  within five miles of the pool.
         (d)  If the petition is filed before February 1, the
  municipality shall open and operate the municipal swimming pool not
  later than the 180th day after the date the petition is filed. If
  the petition is filed on or after February 1, the municipality may
  open the pool for the summer, if practicable, and shall open the
  pool for the summer of the next calendar year.
         (e)  A municipality must maintain and operate a municipal
  swimming pool under this section in the same manner and with the
  same level of service as other comparable municipal swimming pools
  in the municipality.
         (f)  This section does not apply to a municipal swimming pool
  that the municipality cannot open due to the existence of a serious
  health and safety issue that through reasonable actions cannot be
  remedied.
         SECTION 2.  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, 2013.