Texas 2021 - 87th Regular

Texas House Bill HB2205 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2205
	1	+	By: Romero, Jr., Holland, Toth H.B. No. 2205
	2	+	(Senate Sponsor - Schwertner)
	3	+	(In the Senate - Received from the House May 3, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Business &
	5	+	Commerce; May 21, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 21, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2205 By: Hancock
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to applicability of the International Swimming Pool and
6	15		Spa Code to certain pools, spas, and other swimming areas.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Section 341.0645, Health and Safety Code, is
9	18		amended by amending Subsection (b) and adding Subsections (c), (d),
10	19		(e), (f), and (g) to read as follows:
11	20		(b) The executive commissioner shall adopt by rule pool
12	21		safety standards necessary to prevent drowning. The standards must:
13	22		(1) be at least as stringent as those imposed under the
14	23		federal Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C.
15	24		Section 8001 et seq.); and
16	25		(2) comply with and adopt by reference a version of the
17	26		International Swimming Pool and Spa Code, as defined by Section
18	27		214.103, Local Government Code, that is not older than the version
19	28		in effect on May 1, 2019, regarding all construction, alteration,
20	29		renovation, enlargement, and repair of commercial swimming pools
21	30		and spas.
22	31		(c) Notwithstanding Subsection (b), the department is not
23	32		required to adopt Chapter 1 of the International Swimming Pool and
24	33		Spa Code.
25	34		(d) Subsection (b) does not affect requirements for pool
26	35		yard enclosure imposed under Chapter 757.
27	36		(e) The executive commissioner by rule shall authorize a
28	37		minor addition, alteration, renovation, or repair to an existing
29	38		pool or spa and related mechanical, electrical, and plumbing
30	39		systems in the same manner and arrangement as the executive
31	40		commissioner authorized the construction of the pool or spa and
32	41		related mechanical, electrical, and plumbing systems.
33	42		(f) A person may use, maintain, and repair a pool or spa that
34	43		was in compliance with the laws of this state on August 31, 2021,
35	44		and related mechanical, electrical, and plumbing systems in
36	45		accordance with the laws applicable to the pool or system on that
37	46		date.
38	47		(g) Notwithstanding Subsection (b)(2), this section does
39	48		not affect the authority of the executive commissioner to adopt
40	49		rules regarding pool operation and management, water quality,
41	50		safety standards unrelated to design and construction, signage, and
42	51		enclosures.
43	52		SECTION 2. Section 214.103, Local Government Code, is
44	53		amended by amending Subsection (b) and adding Subsection (b-1) to
45	54		read as follows:
46	55		(b) To protect the public health, safety, and welfare, the
47	56		International Swimming Pool and Spa Code, as it existed on May 1,
48	57		2019, is adopted as the municipal swimming pool and spa code in this
49	58		state. A municipality may adopt a more recent version of the
50	59		International Swimming Pool and Spa Code to apply in the
51	60		municipality.
52	61		(b-1) To the extent a provision of a code adopted by a
53	62		municipality under Subsection (b) conflicts with a law of this
54	63		state or a regulation on pool operation and management, water
55	64		quality, safety standards unrelated to design and construction,
56	65		signage, or enclosures, the law or regulation controls.
57	66		SECTION 3. This Act takes effect September 1, 2021.
58		-	______________________________ ______________________________
59		-	President of the Senate Speaker of the House
60		-	I certify that H.B. No. 2205 was passed by the House on April
61		-	29, 2021, by the following vote: Yeas 144, Nays 0, 1 present, not
62		-	voting; and that the House concurred in Senate amendments to H.B.
63		-	No. 2205 on May 28, 2021, by the following vote: Yeas 132, Nays 14,
64		-	2 present, not voting.
65		-	______________________________
66		-	Chief Clerk of the House
67		-	I certify that H.B. No. 2205 was passed by the Senate, with
68		-	amendments, on May 27, 2021, by the following vote: Yeas 31, Nays
69		-	0.
70		-	______________________________
71		-	Secretary of the Senate
72		-	APPROVED: __________________
73		-	Date
74		-	__________________
75		-	Governor
	67	+	* * * * *