| 3 | 5 | | |
|---|
| 4 | 6 | | |
|---|
| 5 | 7 | | A BILL TO BE ENTITLED |
|---|
| 6 | 8 | | AN ACT |
|---|
| 7 | 9 | | relating to restrictive covenants related to swimming pool |
|---|
| 8 | 10 | | enclosures. |
|---|
| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 12 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
|---|
| 11 | 13 | | Section 202.022 to read as follows: |
|---|
| 12 | 14 | | Sec. 202.022. SWIMMING POOL ENCLOSURES. (a) In this |
|---|
| 13 | 15 | | section, "swimming pool enclosure" means a fence that: |
|---|
| 14 | 16 | | (1) surrounds a water feature, including a swimming |
|---|
| 15 | 17 | | pool or spa; |
|---|
| 16 | 18 | | (2) consists of transparent mesh or clear panels set |
|---|
| 17 | 19 | | in metal frames; |
|---|
| 18 | 20 | | (3) is not more than six feet in height; and |
|---|
| 19 | 21 | | (4) is designed to not be climbable. |
|---|
| 20 | 22 | | (b) A property owners' association: |
|---|
| 21 | 23 | | (1) may not adopt or enforce a provision in a |
|---|
| 22 | 24 | | dedicatory instrument that prohibits or restricts a property owner |
|---|
| 23 | 25 | | from installing on the property owner's property a swimming pool |
|---|
| 24 | 26 | | enclosure that conforms to applicable state or local safety |
|---|
| 25 | 27 | | requirements; and |
|---|
| 26 | 28 | | (2) may adopt and enforce a provision in a dedicatory |
|---|
| 27 | 29 | | instrument establishing limitations related to the appearance of a |
|---|
| 28 | 30 | | swimming pool enclosure, including limitations establishing |
|---|
| 29 | 31 | | permissible colors for a swimming pool enclosure, provided that the |
|---|
| 30 | 32 | | provision does not prohibit a swimming pool enclosure that is black |
|---|
| 31 | 33 | | in color and consists of transparent mesh set in metal frames. |
|---|
| 32 | 34 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|