SECTION 2. Sections
341.064(a), (b), (c), (e), (f), (g), (i), (j), (k), (l-1), (m), (n), and
(o), Health and Safety Code, are amended to read as follows:
(a) An owner, manager,
operator, or other attendant in charge of a public swimming pool or an
artificial swimming lagoon shall maintain the public swimming
pool or artificial swimming lagoon in a sanitary condition.
(b) The bacterial content of
the water in a public swimming pool or in an artificial swimming lagoon
may not exceed the safe limits prescribed by department standards. A
minimum free residual chlorine of 2.0 parts for each one million units of
water in a public spa and a minimum free residual chlorine of 1.0 part for
each one million units of water in other public swimming pools or in
artificial swimming lagoons, or any other method of disinfectant
approved by the department, must be maintained in a public swimming pool in
use or in an artificial swimming lagoon in use.
(c) Water in a public
swimming pool or in an artificial swimming lagoon [open to the
public] may not show an acid reaction to a standard pH test.
(e) Facilities shall be
provided in a public swimming pool or in an artificial swimming lagoon
for adequate protection of bathers against sputum contamination.
(f) A person known to be or
suspected of being infected with a transmissible condition of a
communicable disease shall be excluded from a public swimming pool and
from an artificial swimming lagoon.
(g) The construction and
appliances of a public swimming pool and of an artificial swimming
lagoon must be such as to reduce to a practical minimum the possibility
of drowning or of injury to bathers. The construction after September 4,
1945, of a public swimming pool or the construction after September 1,
2017, of an artificial swimming lagoon must conform to good public
health engineering practices.
(i) Dressing rooms of a
public swimming pool or of an artificial swimming lagoon shall
contain shower facilities.
(j) A comb or hairbrush used
by two or more persons may not be permitted or distributed in a bathhouse
of a public swimming pool or of an artificial swimming lagoon.
(k) The operator or manager
of a public swimming pool or of an artificial swimming lagoon shall
provide adequate and proper approved facilities for the disposal of human
excreta by the bathers.
(l-1) Rules adopted under
this chapter may not prohibit the consumption of food or beverages in a
public swimming pool or in an artificial swimming lagoon that is
privately owned and operated.
(m) In this section:
(1) "Artificial
swimming lagoon" means an artificial body of water open to the public
for recreational purposes with more than 20,000 square feet of surface
area, an artificial liner, and a disinfection system. The term includes
only the portion of the body of water that is designated for swimming.
(2) "Public[,
"public] swimming pool" means an artificial body of water,
including a spa, maintained expressly for public recreational purposes,
swimming and similar aquatic sports, or therapeutic purposes. The term
does not include an artificial swimming lagoon.
(n) A county or municipality
may:
(1) require that the owner
or operator of a public swimming pool or of an artificial swimming lagoon
within the jurisdiction of the county or municipality obtain a permit for
operation of the public swimming pool or artificial swimming
lagoon;
(2) inspect a public
swimming pool or an artificial swimming lagoon within the
jurisdiction of the county or municipality for compliance with this
section; and
(3) impose and collect a
reasonable fee in connection with a permit or inspection required under
this subsection provided the following are met:
(A) the auditor for the
county shall review the program every two years to ensure that the fees
imposed do not exceed the cost of the program; and
(B) the county refunds the
permit holders any revenue determined by the auditor to exceed the cost of
the program.
(o) A county or municipality
may by order close, for the period specified in the order, a public
swimming pool or an artificial swimming lagoon within the
jurisdiction of the county or municipality if the operation of the public
swimming pool or artificial swimming lagoon violates this
section or a permitting or inspection requirement imposed by the county or
municipality under Subsection (n).
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SECTION 2. Sections
341.064(a), (b), (c), (e), (f), (g), (i), (j), (k), (l-1), (m), (n), and
(o), Health and Safety Code, are amended to read as follows:
(a) An owner, manager,
operator, or other attendant in charge of a public swimming pool or an
artificial swimming lagoon shall maintain the public swimming
pool or artificial swimming lagoon in a sanitary condition.
(b) The bacterial content of
the water in a public swimming pool or in an artificial swimming lagoon
may not exceed the safe limits prescribed by department standards. A
minimum free residual chlorine of 2.0 parts for each one million units of
water in a public spa and a minimum free residual chlorine of 1.0 part for
each one million units of water in other public swimming pools or in
artificial swimming lagoons, or any other method of disinfectant
approved by the department, must be maintained in a public swimming pool in
use or in an artificial swimming lagoon in use.
(c) Water in a public
swimming pool or in an artificial swimming lagoon [open to the
public] may not show an acid reaction to a standard pH test.
(e) Facilities shall be
provided in a public swimming pool or in an artificial swimming lagoon
for adequate protection of bathers against sputum contamination.
(f) A person known to be or
suspected of being infected with a transmissible condition of a
communicable disease shall be excluded from a public swimming pool and
from an artificial swimming lagoon.
(g) The construction and
appliances of a public swimming pool and of an artificial swimming
lagoon must be such as to reduce to a practical minimum the possibility
of drowning or of injury to bathers. The construction after September 4, 1945,
of a public swimming pool or the construction after September 1, 2017,
of an artificial swimming lagoon must conform to good public health
engineering practices.
(i) Dressing rooms of a
public swimming pool or of an artificial swimming lagoon shall contain
shower facilities.
(j) A comb or hairbrush used
by two or more persons may not be permitted or distributed in a bathhouse
of a public swimming pool or of an artificial swimming lagoon.
(k) The operator or manager
of a public swimming pool or of an artificial swimming lagoon shall
provide adequate and proper approved facilities for the disposal of human
excreta by the bathers.
(l-1) Rules adopted under
this chapter may not prohibit the consumption of food or beverages in a
public swimming pool or in an artificial swimming lagoon that is
privately owned and operated.
(m) In this section:
(1) "Artificial
swimming lagoon" means an artificial body of water open to the public
for recreational purposes with more than 20,000 square feet of surface
area, an artificial liner, and a disinfection system. The term includes
only the portion of the body of water that is designated for swimming. The term does not include a body of water open
to the public that continuously recirculates water from a spring or river.
(2) "Public[,
"public] swimming pool" means an artificial body of water,
including a spa, maintained expressly for public recreational purposes,
swimming and similar aquatic sports, or therapeutic purposes. The term
does not include an artificial swimming lagoon.
(n) A county or municipality
may:
(1) require that the owner
or operator of a public swimming pool or of an artificial swimming
lagoon within the jurisdiction of the county or municipality obtain a
permit for operation of the public swimming pool or artificial
swimming lagoon;
(2) inspect a public
swimming pool or an artificial swimming lagoon within the
jurisdiction of the county or municipality for compliance with this
section; and
(3) impose and collect a
reasonable fee in connection with a permit or inspection required under
this subsection provided the following are met:
(A) the auditor for the
county shall review the program every two years to ensure that the fees
imposed do not exceed the cost of the program; and
(B) the county refunds the
permit holders any revenue determined by the auditor to exceed the cost of
the program.
(o) A county or municipality
may by order close, for the period specified in the order, a public
swimming pool or an artificial swimming lagoon within the jurisdiction
of the county or municipality if the operation of the public swimming
pool or artificial swimming lagoon violates this section or a
permitting or inspection requirement imposed by the county or municipality
under Subsection (n).
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