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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictive covenants related to swimming pool |
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enclosures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.022 to read as follows: |
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Sec. 202.022. SWIMMING POOL ENCLOSURES. (a) In this |
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section, "swimming pool enclosure" means a fence that: |
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(1) surrounds a water feature, including a swimming |
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pool or spa; |
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(2) consists of transparent mesh or clear panels set |
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in metal frames; |
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(3) is not more than six feet in height; and |
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(4) is designed to not be climbable. |
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(b) A property owners' association: |
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(1) may not adopt or enforce a provision in a |
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dedicatory instrument that prohibits or restricts a property owner |
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from installing on the property owner's property a swimming pool |
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enclosure that conforms to applicable state or local safety |
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requirements; and |
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(2) may adopt and enforce a provision in a dedicatory |
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instrument establishing limitations related to the appearance of a |
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swimming pool enclosure, including limitations establishing |
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permissible colors for a swimming pool enclosure, provided that the |
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provision does not prohibit a swimming pool enclosure that is black |
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in color and consists of transparent mesh set in metal frames. |
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SECTION 2. This Act takes effect September 1, 2021. |