89R506 PRL-D
By: Isaac H.B. No. 1133
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a property owners' association to
prohibit or regulate certain swim instruction provided in a pool on
an owner's or resident's property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.008 to read as follows:
Sec. 202.008. REGULATION OF CERTAIN SWIMMING LESSONS. (a)
In this section:
(1) "Certified swim instruction" means instruction in
swimming provided:
(A) by a certified swim instructor; and
(B) according to a curriculum established by the
American Red Cross, the YMCA, or another entity whose swim
instructor training standards are substantially the same as those
established by the American Red Cross or the YMCA.
(2) "Certified swim instructor" means a swim
instructor certified to teach swimming techniques to students after
successfully completing training that complies with the swim
instructor training standards established by the American Red
Cross, the YMCA, or another entity whose swim instructor training
standards are substantially the same as those established by the
American Red Cross or the YMCA.
(b) Except as provided by this section, a property owners'
association may not adopt or enforce a provision in a dedicatory
instrument that restricts or prohibits a property owner or resident
who is a certified swim instructor, or an owner's or resident's
guest who is a certified swim instructor, from providing swim
instruction using a swimming pool located on the owner's or
resident's property.
(c) A property owners' association may adopt or enforce a
dedicatory instrument provision requiring that:
(1) certified swim instruction provided under
Subsection (b):
(A) is located and contained in the rear yard of
the property;
(B) is not visible from the street faced by the
property's principal dwelling;
(C) does not occur earlier than 8 a.m. or later
than 8 p.m.; and
(D) is not provided to more than four individuals
during an instruction period; and
(2) an individual participating in certified swim
instruction under Subsection (b) has access to a permanent restroom
that is:
(A) connected to water and sewer; and
(B) located in:
(i) the property's principal dwelling;
(ii) a garage attached to the property's
principal dwelling; or
(iii) an accessory building on the
property.
(d) A provision that violates Subsection (b) is void.
SECTION 2. This Act takes effect September 1, 2025.