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.