By: Davis S.B. No. 582
(In the Senate - Filed February 14, 2013; February 20, 2013,
read first time and referred to Committee on Business and Commerce;
May 6, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; May 6, 2013, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 582 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to municipal swimming pool requirements for certain
dwellings.
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. MUNICIPAL SWIMMING POOL REQUIREMENTS FOR CERTAIN
DWELLINGS
Sec. 761.001. INTERNATIONAL RESIDENTIAL CODE. (a) To
protect the public health, safety, and welfare, the International
Residential Code (2012), Appendix G, "Swimming Pools, Spas and Hot
Tubs," as it existed on January 1, 2012, excluding Sections AG101.2
and AG106, is adopted as the municipal residential swimming pool
code in this state.
(b) The municipal residential swimming pool code applies to
all construction, installation, alteration, remodeling,
enlargement, and repair of residential swimming pools in a
municipality in this state that adopts a building code.
(c) A municipality may establish procedures:
(1) to adopt local amendments to the municipal
residential swimming pool code; and
(2) for the administration and enforcement of the
municipal residential swimming pool code.
(d) A municipality may review and consider amendments made
by the International Code Council to the International Residential
Code (2012), Appendix G, "Swimming Pools, Spas and Hot Tubs" after
January 1, 2012.
SECTION 3. Subsection (a), Section 214.101, Local
Government Code, is amended to read as follows:
(a) A municipality that adopts a building code shall [may]
by ordinance establish minimum standards for swimming pool fences
and enclosures that comply at a minimum with Chapter 761, Health and
Safety Code, and may adopt other ordinances as necessary to carry
out this subchapter. A municipal ordinance containing standards
for a pool yard enclosure as defined by Chapter 757, Health and
Safety Code, [as added by Section 2, Chapter 517, Acts of the 73rd
Legislature, 1993,] must contain the same standards for that
enclosure as are required or permitted by that chapter of the Health
and Safety Code.
SECTION 4. (a) Chapter 761, Health and Safety Code, as
added by this Act, applies only to residential swimming pool
construction, installation, alteration, remodeling, enlargement,
or repair that begins under an agreement made on or after January 1,
2014, or that begins, in the absence of an agreement, on or after
that date. Residential swimming pool construction, installation,
alteration, remodeling, enlargement, or repair that begins under an
agreement made before January 1, 2014, or that begins, in the
absence of an agreement, before that date is governed by the law in
effect when the agreement was made or the activity began, as
appropriate, and that law is continued in effect for that purpose.
(b) Municipalities shall, before January 1, 2014, adopt
ordinances, establish rules, and take other necessary actions to
implement Chapter 761, Health and Safety Code, as added by this Act,
and Subsection (a), Section 214.101, Local Government Code, as
amended by this Act.
SECTION 5. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2014.
(b) Subsection (b), Section 4 of this Act takes effect
September 1, 2013.
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