Bill Text: TX SB771 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to swimming pool safety alarms for certain single-family homes; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Business & Commerce [SB771 Detail]
Download: Texas-2011-SB771-Introduced.html
82R4955 YDB-D | ||
By: Davis | S.B. No. 771 |
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relating to swimming pool safety alarms for certain single-family | ||
homes; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Residential Swimming | ||
Pool Safety Act in memory of Grayson James Satarino. | ||
SECTION 2. Subtitle A, Title 9, Health and Safety Code, is | ||
amended by adding Chapter 761 to read as follows: | ||
CHAPTER 761. RESIDENTIAL SWIMMING POOL SAFETY | ||
Sec. 761.001. DEFINITIONS. In this chapter: | ||
(1) "ASTM" means the American Society for Testing and | ||
Materials. | ||
(2) "Department" means the Department of State Health | ||
Services. | ||
(3) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(4) "Remodel" means a renovation, reconstruction, | ||
improvement, or repair of a swimming pool that requires a municipal | ||
or county construction permit. | ||
(5) "Swimming pool" means any structure intended for | ||
swimming or recreational bathing that contains water over 18 inches | ||
deep. The term includes an in-ground or above-ground structure, | ||
hot tub, spa, portable spa, and non-portable wading pool. | ||
Sec. 761.002. APPLICABILITY. This chapter does not apply | ||
to: | ||
(1) a swimming pool governed by Chapter 757; | ||
(2) a hot tub or spa with a locking safety cover that | ||
conforms to ASTM Standard F1346-91 (2010), "Standard Performance | ||
Specification for Safety Covers and Labeling Requirements for All | ||
Covers for Swimming Pools, Spas and Hot Tubs," as it existed on | ||
January 1, 2011, or a successor standard that is adopted by the | ||
executive commissioner as being at least as safe as the F1346-91 | ||
(2010) standard; or | ||
(3) a swimming pool in the jurisdiction of a political | ||
subdivision of this state that adopts an ordinance regarding alarms | ||
for residential swimming pools with requirements that are at least | ||
as stringent as the requirements of this chapter. | ||
Sec. 761.003. REQUIRED ALARMS. A person who constructs an | ||
in-ground swimming pool, installs an above-ground swimming pool, or | ||
remodels a swimming pool for a single-family home shall provide for | ||
each swimming pool constructed, installed, or remodeled the | ||
following: | ||
(1) on each door providing direct access from the home | ||
to the pool area without an intervening enclosure, an exit alarm | ||
that: | ||
(A) makes an audible, continuous alarm sound when | ||
the door is opened or left ajar; and | ||
(B) is battery operated or connected to the | ||
electrical wiring of the home; and | ||
(2) a swimming pool alarm that: | ||
(A) when placed in a swimming pool, will sound on | ||
detection of accidental or unauthorized entrance into the water; | ||
(B) meets and is certified by an independent | ||
third party as conforming to ASTM Standard F2208-08, "Standard | ||
Safety Specification for Residential Pool Alarms," as it existed on | ||
January 1, 2011, or a successor standard that is adopted by the | ||
executive commissioner as being at least as safe as the F2208-08 | ||
standard; and | ||
(C) is not a swimming protection alarm device | ||
designed for individual use, such as an alarm attached to a child | ||
that sounds when the child exceeds a certain distance or becomes | ||
submerged in water. | ||
Sec. 761.004. CONSUMER NOTICE. A person who sells, | ||
constructs, installs, or remodels a swimming pool for a | ||
single-family home shall provide to the owner of the home written | ||
notice of the requirements of this chapter. | ||
Sec. 761.005. DUTIES OF EXECUTIVE COMMISSIONER AND | ||
DEPARTMENT. (a) The executive commissioner shall adopt rules | ||
necessary to implement this chapter. | ||
(b) The department shall post on the department's Internet | ||
website the requirements of this chapter, including rules adopted | ||
under this chapter, and any other residential swimming pool safety | ||
information the executive commissioner determines is appropriate. | ||
The information must be posted in a format that is easily | ||
downloaded. | ||
Sec. 761.006. CIVIL PENALTY. (a) A person who fails to | ||
comply with Section 761.003 is liable to this state for a civil | ||
penalty not to exceed $5,000 for each noncompliance. | ||
(b) A person who fails to comply with Section 761.004 is | ||
liable to this state for a civil penalty not to exceed $1,000 for | ||
each noncompliance. | ||
(c) The attorney general may sue to collect a civil penalty | ||
under this section. | ||
(d) The attorney general may recover reasonable expenses | ||
incurred in obtaining a civil penalty under this section, including | ||
court costs, reasonable attorney's fees, investigative costs, | ||
witness fees, and deposition expenses. | ||
SECTION 3. (a) Not later than December 1, 2011, the | ||
executive commissioner of the Health and Human Services Commission | ||
shall adopt the rules and standards required by Chapter 761, Health | ||
and Safety Code, as added by this Act. | ||
(b) Not later than May 1, 2012, the Department of State | ||
Health Services shall post on the department's Internet website the | ||
information required by Section 761.005, Health and Safety Code, as | ||
added by this Act. | ||
(c) Notwithstanding Chapter 761, Health and Safety Code, as | ||
added by this Act, a person who constructs an in-ground swimming | ||
pool, installs an above-ground swimming pool, or remodels a | ||
swimming pool for a single-family home on or after the effective | ||
date of this Act is not required to comply with that chapter before | ||
May 1, 2012. | ||
SECTION 4. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2011. | ||
(b) Section 761.006, Health and Safety Code, as added by | ||
this Act, takes effect May 1, 2012. |