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A BILL TO BE ENTITLED
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AN ACT
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relating to applicability of the International Swimming Pool and |
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Spa Code to certain pools, spas, and other swimming areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.0645, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c), (d), |
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(e), (f), and (g) to read as follows: |
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(b) The executive commissioner shall adopt by rule pool |
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safety standards necessary to prevent drowning. The standards must: |
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(1) be at least as stringent as those imposed under the |
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federal Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. |
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Section 8001 et seq.); and |
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(2) comply with and adopt by reference a version of the |
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International Swimming Pool and Spa Code, as defined by Section |
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214.103, Local Government Code, that is not older than the version |
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in effect on May 1, 2019, regarding all construction, alteration, |
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renovation, enlargement, and repair of commercial swimming pools |
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and spas. |
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(c) Notwithstanding Subsection (b), the department is not |
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required to adopt Chapter 1 of the International Swimming Pool and |
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Spa Code. |
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(d) Subsection (b) does not affect requirements for pool |
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yard enclosure imposed under Chapter 757. |
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(e) The executive commissioner by rule shall authorize a |
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minor addition, alteration, renovation, or repair to an existing |
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pool or spa and related mechanical, electrical, and plumbing |
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systems in the same manner and arrangement as the executive |
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commissioner authorized the construction of the pool or spa and |
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related mechanical, electrical, and plumbing systems. |
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(f) A person may use, maintain, and repair a pool or spa that |
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was in compliance with the laws of this state on August 31, 2021, |
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and related mechanical, electrical, and plumbing systems in |
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accordance with the laws applicable to the pool or system on that |
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date. |
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(g) Notwithstanding Subsection (b)(2), this section does |
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not affect the authority of the executive commissioner to adopt |
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rules regarding pool operation and management, water quality, |
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safety standards unrelated to design and construction, signage, and |
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enclosures. |
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SECTION 2. Section 214.103, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) To protect the public health, safety, and welfare, the |
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International Swimming Pool and Spa Code, as it existed on May 1, |
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2019, is adopted as the municipal swimming pool and spa code in this |
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state. A municipality may adopt a more recent version of the |
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International Swimming Pool and Spa Code to apply in the |
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municipality. |
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(b-1) To the extent a provision of a code adopted by a |
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municipality under Subsection (b) conflicts with a law of this |
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state or a regulation on pool operation and management, water |
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quality, safety standards unrelated to design and construction, |
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signage, or enclosures, the law or regulation controls. |
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SECTION 3. This Act takes effect September 1, 2021. |
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* * * * * |