87R16948 MWC-D
By: Toth, et al. H.B. No. 67
A BILL TO BE ENTITLED
AN ACT
relating to restrictive covenants related to swimming pool
enclosures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.022 to read as follows:
Sec. 202.022. SWIMMING POOL ENCLOSURES. (a) In this
section, "swimming pool enclosure" means a fence that:
(1) surrounds a water feature, including a swimming
pool or spa;
(2) consists of transparent mesh or clear panels set
in metal frames;
(3) is not more than six feet in height; and
(4) is designed to not be climbable.
(b) A property owners' association:
(1) may not adopt or enforce a provision in a
dedicatory instrument that prohibits or restricts a property owner
from installing on the property owner's property a swimming pool
enclosure that conforms to applicable state or local safety
requirements; and
(2) may adopt and enforce a provision in a dedicatory
instrument establishing limitations related to the appearance of a
swimming pool enclosure, including limitations establishing
permissible colors for a swimming pool enclosure, provided that the
provision does not prohibit a swimming pool enclosure that is black
in color and consists of transparent mesh set in metal frames.
SECTION 2. This Act takes effect September 1, 2021.