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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a property owners' association to |
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prohibit or regulate certain swim instruction provided in a pool on |
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an owner's or resident's property. |
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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 202.008 to read as follows: |
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Sec. 202.008. REGULATION OF CERTAIN SWIMMING LESSONS. (a) |
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In this section: |
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(1) "Certified swim instruction" means instruction in |
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swimming provided: |
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(A) by a certified swim instructor; and |
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(B) according to a curriculum established by the |
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American Red Cross, the YMCA, or another entity whose swim |
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instructor training standards are substantially the same as those |
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established by the American Red Cross or the YMCA. |
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(2) "Certified swim instructor" means a swim |
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instructor certified to teach swimming techniques to students after |
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successfully completing training that complies with the swim |
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instructor training standards established by the American Red |
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Cross, the YMCA, or another entity whose swim instructor training |
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standards are substantially the same as those established by the |
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American Red Cross or the YMCA. |
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(b) Except as provided by this section, a property owners' |
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association may not adopt or enforce a provision in a dedicatory |
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instrument that restricts or prohibits a property owner or resident |
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who is a certified swim instructor, or an owner's or resident's |
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guest who is a certified swim instructor, from providing swim |
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instruction using a swimming pool located on the owner's or |
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resident's property. |
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(c) A property owners' association may adopt or enforce a |
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dedicatory instrument provision requiring that: |
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(1) certified swim instruction provided under |
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Subsection (b): |
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(A) is located and contained in the rear yard of |
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the property; |
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(B) is not visible from the street faced by the |
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property's principal dwelling; |
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(C) does not occur earlier than 8 a.m. or later |
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than 8 p.m.; and |
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(D) is not provided to more than four individuals |
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during an instruction period; and |
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(2) an individual participating in certified swim |
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instruction under Subsection (b) has access to a permanent restroom |
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that is: |
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(A) connected to water and sewer; and |
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(B) located in: |
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(i) the property's principal dwelling; |
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(ii) a garage attached to the property's |
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principal dwelling; or |
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(iii) an accessory building on the |
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property. |
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(d) A provision that violates Subsection (b) is void. |
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SECTION 2. This Act takes effect September 1, 2025. |