87R16630 SCL-F
 
  By: Romero, Jr., Holland, Toth H.B. No. 2205
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to applicability of the International Swimming Pool and
  Spa Code to certain pools, spas, and other swimming areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 341.0645, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  The executive commissioner shall adopt by rule pool
  safety standards necessary to prevent drowning. The standards must:
               (1)  be at least as stringent as those imposed under the
  federal Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.
  Section 8001 et seq.); and
               (2)  comply with a version of the International
  Swimming Pool and Spa Code, as defined by Section 214.103, Local
  Government Code, that is not older than the version in effect on May
  1, 2019.
         (c)  Notwithstanding Subsection (b), the department is not
  required to take the following actions as required by the
  International Swimming Pool and Spa Code:
               (1)  establish an enforcement program;
               (2)  establish an application and permitting program;
               (3)  establish an inspection program;
               (4)  establish a plan review program for new
  construction;
               (5)  review additions or renovations to existing pools
  and spas; or
               (6)  conduct construction inspections for new pools and
  spas or for pools and spas that are renovated or for which additions
  are made.
         SECTION 2.  Section 214.103(b), Local Government Code, is
  amended to read as follows:
         (b)  To protect the public health, safety, and welfare, the
  International Swimming Pool and Spa Code, as it existed on May 1,
  2019, is adopted as the municipal swimming pool and spa code in this
  state. A municipality may adopt a more recent version of the
  International Swimming Pool and Spa Code to apply in the
  municipality.
         SECTION 3.  This Act takes effect September 1, 2021.