Bill Text: TX HB2205 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to applicability of the International Swimming Pool and Spa Code to certain pools, spas, and other swimming areas.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB2205 Detail]

Download: Texas-2021-HB2205-Enrolled.html
 
 
  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       
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