82R4955 YDB-D
By: Davis S.B. No. 771
A BILL TO BE ENTITLED
AN ACT
relating to swimming pool safety alarms for certain single-family
homes; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Residential Swimming
Pool Safety Act in memory of Grayson James Satarino.
SECTION 2. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 761 to read as follows:
CHAPTER 761. RESIDENTIAL SWIMMING POOL SAFETY
Sec. 761.001. DEFINITIONS. In this chapter:
(1) "ASTM" means the American Society for Testing and
Materials.
(2) "Department" means the Department of State Health
Services.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Remodel" means a renovation, reconstruction,
improvement, or repair of a swimming pool that requires a municipal
or county construction permit.
(5) "Swimming pool" means any structure intended for
swimming or recreational bathing that contains water over 18 inches
deep. The term includes an in-ground or above-ground structure,
hot tub, spa, portable spa, and non-portable wading pool.
Sec. 761.002. APPLICABILITY. This chapter does not apply
to:
(1) a swimming pool governed by Chapter 757;
(2) a hot tub or spa with a locking safety cover that
conforms to ASTM Standard F1346-91 (2010), "Standard Performance
Specification for Safety Covers and Labeling Requirements for All
Covers for Swimming Pools, Spas and Hot Tubs," as it existed on
January 1, 2011, or a successor standard that is adopted by the
executive commissioner as being at least as safe as the F1346-91
(2010) standard; or
(3) a swimming pool in the jurisdiction of a political
subdivision of this state that adopts an ordinance regarding alarms
for residential swimming pools with requirements that are at least
as stringent as the requirements of this chapter.
Sec. 761.003. REQUIRED ALARMS. A person who constructs an
in-ground swimming pool, installs an above-ground swimming pool, or
remodels a swimming pool for a single-family home shall provide for
each swimming pool constructed, installed, or remodeled the
following:
(1) on each door providing direct access from the home
to the pool area without an intervening enclosure, an exit alarm
that:
(A) makes an audible, continuous alarm sound when
the door is opened or left ajar; and
(B) is battery operated or connected to the
electrical wiring of the home; and
(2) a swimming pool alarm that:
(A) when placed in a swimming pool, will sound on
detection of accidental or unauthorized entrance into the water;
(B) meets and is certified by an independent
third party as conforming to ASTM Standard F2208-08, "Standard
Safety Specification for Residential Pool Alarms," as it existed on
January 1, 2011, or a successor standard that is adopted by the
executive commissioner as being at least as safe as the F2208-08
standard; and
(C) is not a swimming protection alarm device
designed for individual use, such as an alarm attached to a child
that sounds when the child exceeds a certain distance or becomes
submerged in water.
Sec. 761.004. CONSUMER NOTICE. A person who sells,
constructs, installs, or remodels a swimming pool for a
single-family home shall provide to the owner of the home written
notice of the requirements of this chapter.
Sec. 761.005. DUTIES OF EXECUTIVE COMMISSIONER AND
DEPARTMENT. (a) The executive commissioner shall adopt rules
necessary to implement this chapter.
(b) The department shall post on the department's Internet
website the requirements of this chapter, including rules adopted
under this chapter, and any other residential swimming pool safety
information the executive commissioner determines is appropriate.
The information must be posted in a format that is easily
downloaded.
Sec. 761.006. CIVIL PENALTY. (a) A person who fails to
comply with Section 761.003 is liable to this state for a civil
penalty not to exceed $5,000 for each noncompliance.
(b) A person who fails to comply with Section 761.004 is
liable to this state for a civil penalty not to exceed $1,000 for
each noncompliance.
(c) The attorney general may sue to collect a civil penalty
under this section.
(d) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, reasonable attorney's fees, investigative costs,
witness fees, and deposition expenses.
SECTION 3. (a) Not later than December 1, 2011, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules and standards required by Chapter 761, Health
and Safety Code, as added by this Act.
(b) Not later than May 1, 2012, the Department of State
Health Services shall post on the department's Internet website the
information required by Section 761.005, Health and Safety Code, as
added by this Act.
(c) Notwithstanding Chapter 761, Health and Safety Code, as
added by this Act, a person who constructs an in-ground swimming
pool, installs an above-ground swimming pool, or remodels a
swimming pool for a single-family home on or after the effective
date of this Act is not required to comply with that chapter before
May 1, 2012.
SECTION 4. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2011.
(b) Section 761.006, Health and Safety Code, as added by
this Act, takes effect May 1, 2012.