| 1 | 1 | | 89R506 PRL-D |
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| 2 | 2 | | By: Isaac H.B. No. 1133 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a property owners' association to |
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| 10 | 10 | | prohibit or regulate certain swim instruction provided in a pool on |
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| 11 | 11 | | an owner's or resident's property. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 202, Property Code, is amended by adding |
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| 14 | 14 | | Section 202.008 to read as follows: |
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| 15 | 15 | | Sec. 202.008. REGULATION OF CERTAIN SWIMMING LESSONS. (a) |
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| 16 | 16 | | In this section: |
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| 17 | 17 | | (1) "Certified swim instruction" means instruction in |
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| 18 | 18 | | swimming provided: |
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| 19 | 19 | | (A) by a certified swim instructor; and |
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| 20 | 20 | | (B) according to a curriculum established by the |
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| 21 | 21 | | American Red Cross, the YMCA, or another entity whose swim |
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| 22 | 22 | | instructor training standards are substantially the same as those |
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| 23 | 23 | | established by the American Red Cross or the YMCA. |
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| 24 | 24 | | (2) "Certified swim instructor" means a swim |
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| 25 | 25 | | instructor certified to teach swimming techniques to students after |
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| 26 | 26 | | successfully completing training that complies with the swim |
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| 27 | 27 | | instructor training standards established by the American Red |
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| 28 | 28 | | Cross, the YMCA, or another entity whose swim instructor training |
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| 29 | 29 | | standards are substantially the same as those established by the |
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| 30 | 30 | | American Red Cross or the YMCA. |
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| 31 | 31 | | (b) Except as provided by this section, a property owners' |
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| 32 | 32 | | association may not adopt or enforce a provision in a dedicatory |
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| 33 | 33 | | instrument that restricts or prohibits a property owner or resident |
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| 34 | 34 | | who is a certified swim instructor, or an owner's or resident's |
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| 35 | 35 | | guest who is a certified swim instructor, from providing swim |
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| 36 | 36 | | instruction using a swimming pool located on the owner's or |
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| 37 | 37 | | resident's property. |
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| 38 | 38 | | (c) A property owners' association may adopt or enforce a |
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| 39 | 39 | | dedicatory instrument provision requiring that: |
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| 40 | 40 | | (1) certified swim instruction provided under |
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| 41 | 41 | | Subsection (b): |
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| 42 | 42 | | (A) is located and contained in the rear yard of |
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| 43 | 43 | | the property; |
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| 44 | 44 | | (B) is not visible from the street faced by the |
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| 45 | 45 | | property's principal dwelling; |
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| 46 | 46 | | (C) does not occur earlier than 8 a.m. or later |
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| 47 | 47 | | than 8 p.m.; and |
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| 48 | 48 | | (D) is not provided to more than four individuals |
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| 49 | 49 | | during an instruction period; and |
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| 50 | 50 | | (2) an individual participating in certified swim |
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| 51 | 51 | | instruction under Subsection (b) has access to a permanent restroom |
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| 52 | 52 | | that is: |
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| 53 | 53 | | (A) connected to water and sewer; and |
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| 54 | 54 | | (B) located in: |
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| 55 | 55 | | (i) the property's principal dwelling; |
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| 56 | 56 | | (ii) a garage attached to the property's |
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| 57 | 57 | | principal dwelling; or |
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| 58 | 58 | | (iii) an accessory building on the |
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| 59 | 59 | | property. |
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| 60 | 60 | | (d) A provision that violates Subsection (b) is void. |
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| 61 | 61 | | SECTION 2. This Act takes effect September 1, 2025. |
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