Bill Text: TX HB2205 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Romero, Jr., Holland, Toth | H.B. No. 2205 | |
(Senate Sponsor - Schwertner) | ||
(In the Senate - Received from the House May 3, 2021; | ||
May 10, 2021, read first time and referred to Committee on Business & | ||
Commerce; May 21, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 21, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2205 | By: Hancock |
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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. | ||
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