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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal swimming pool requirements for certain |
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dwellings. |
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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. MUNICIPAL SWIMMING POOL REQUIREMENTS FOR CERTAIN |
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DWELLINGS |
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Sec. 761.001. INTERNATIONAL RESIDENTIAL CODE. (a) To |
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protect the public health, safety, and welfare, the International |
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Residential Code (2012), Appendix G, "Swimming Pools, Spas and Hot |
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Tubs," as it existed on January 1, 2012, excluding Sections AG101.2 |
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and AG106, is adopted as the municipal residential swimming pool |
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code in this state. |
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(b) The municipal residential swimming pool code applies to |
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all construction, installation, alteration, remodeling, |
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enlargement, and repair of residential swimming pools in a |
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municipality in this state that adopts a building code. |
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(c) A municipality may establish procedures: |
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(1) to adopt local amendments to the municipal |
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residential swimming pool code; and |
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(2) for the administration and enforcement of the |
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municipal residential swimming pool code. |
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(d) A municipality may review and consider amendments made |
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by the International Code Council to the International Residential |
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Code (2012), Appendix G, "Swimming Pools, Spas and Hot Tubs" after |
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January 1, 2012. |
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SECTION 3. Subsection (a), Section 214.101, Local |
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Government Code, is amended to read as follows: |
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(a) A municipality that adopts a building code shall [may] |
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by ordinance establish minimum standards for swimming pool fences |
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and enclosures that comply at a minimum with Chapter 761, Health and |
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Safety Code, and may adopt other ordinances as necessary to carry |
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out this subchapter. A municipal ordinance containing standards |
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for a pool yard enclosure as defined by Chapter 757, Health and |
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Safety Code, [as added by Section 2, Chapter 517, Acts of the 73rd
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Legislature, 1993,] must contain the same standards for that |
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enclosure as are required or permitted by that chapter of the Health |
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and Safety Code. |
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SECTION 4. (a) Chapter 761, Health and Safety Code, as |
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added by this Act, applies only to residential swimming pool |
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construction, installation, alteration, remodeling, enlargement, |
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or repair that begins under an agreement made on or after January 1, |
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2014, or that begins, in the absence of an agreement, on or after |
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that date. Residential swimming pool construction, installation, |
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alteration, remodeling, enlargement, or repair that begins under an |
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agreement made before January 1, 2014, or that begins, in the |
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absence of an agreement, before that date is governed by the law in |
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effect when the agreement was made or the activity began, as |
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appropriate, and that law is continued in effect for that purpose. |
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(b) Municipalities shall, before January 1, 2014, adopt |
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ordinances, establish rules, and take other necessary actions to |
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implement Chapter 761, Health and Safety Code, as added by this Act, |
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and Subsection (a), Section 214.101, Local Government Code, as |
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amended by this Act. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2014. |
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(b) Subsection (b), Section 4 of this Act takes effect |
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September 1, 2013. |
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* * * * * |