H.B. No. 2205
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 Subsections (c), (d),
(e), (f), and (g) 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 and adopt by reference 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, regarding all construction, alteration,
renovation, enlargement, and repair of commercial swimming pools
and spas.
(c) Notwithstanding Subsection (b), the department is not
required to adopt Chapter 1 of the International Swimming Pool and
Spa Code.
(d) Subsection (b) does not affect requirements for pool
yard enclosure imposed under Chapter 757.
(e) The executive commissioner by rule shall authorize a
minor addition, alteration, renovation, or repair to an existing
pool or spa and related mechanical, electrical, and plumbing
systems in the same manner and arrangement as the executive
commissioner authorized the construction of the pool or spa and
related mechanical, electrical, and plumbing systems.
(f) A person may use, maintain, and repair a pool or spa that
was in compliance with the laws of this state on August 31, 2021,
and related mechanical, electrical, and plumbing systems in
accordance with the laws applicable to the pool or system on that
date.
(g) Notwithstanding Subsection (b)(2), this section does
not affect the authority of the executive commissioner to adopt
rules regarding pool operation and management, water quality,
safety standards unrelated to design and construction, signage, and
enclosures.
SECTION 2. Section 214.103, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (b-1) 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.
(b-1) To the extent a provision of a code adopted by a
municipality under Subsection (b) conflicts with a law of this
state or a regulation on pool operation and management, water
quality, safety standards unrelated to design and construction,
signage, or enclosures, the law or regulation controls.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2205 was passed by the House on April
29, 2021, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2205 on May 28, 2021, by the following vote: Yeas 132, Nays 14,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2205 was passed by the Senate, with
amendments, on May 27, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor