|
|
|
|
AN ACT
|
|
relating to the sanitation and safety requirements for certain |
|
artificial bodies of water maintained for public recreational |
|
purposes. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1.005, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 1.005. DEFINITIONS [DEFINITION]. In this code: |
|
(1) "Artificial swimming lagoon" means an artificial |
|
body of water used for recreational purposes with more than 20,000 |
|
square feet of surface area, an artificial liner, and a method of |
|
disinfectant. The term does not include a body of water open to the |
|
public that continuously recirculates water from a spring or a |
|
pool. |
|
(2) "Licensed practitioner" [, "licensed
|
|
practitioner"] includes a sex offender treatment provider who is |
|
licensed under Chapter 110, Occupations Code. |
|
(3) "Public swimming pool" means an artificial body of |
|
water, including a spa, maintained expressly for public |
|
recreational purposes, swimming and similar aquatic sports, or |
|
therapeutic |
|
purposes. The term does not include an artificial |
|
swimming lagoon or a body of water open to the public that |
|
continuously recirculates water from a spring. |
|
SECTION 2. The heading to Section 341.064, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 341.064. SWIMMING POOLS, ARTIFICIAL SWIMMING LAGOONS, |
|
AND BATHHOUSES. |
|
SECTION 3. Section 341.064, Health and Safety Code, is |
|
amended by amending Subsections (a), (b), (c), (e), (f), (g), (i), |
|
(j), (k), (l-1), (n), and (o) and adding Subsection (b-1) to read as |
|
follows: |
|
(a) An owner, manager, operator, or other attendant in |
|
charge of a public swimming pool or an artificial swimming lagoon |
|
shall maintain the public swimming pool or artificial swimming |
|
lagoon in a sanitary condition. |
|
(b) The bacterial content of the water in a public swimming |
|
pool or in an artificial swimming lagoon may not exceed the safe |
|
limits prescribed by department standards. A minimum free |
|
residual chlorine of 2.0 parts for each one million units of water |
|
in a public spa and a minimum free residual chlorine of 1.0 part for |
|
each one million units of water in other public swimming pools or in |
|
artificial swimming lagoons, or any other method of disinfectant |
|
approved by the department, must be maintained in a public swimming |
|
pool in use or in an artificial swimming lagoon in use. |
|
(b-1) The department shall approve or reject a request to |
|
use another method of disinfectant under Subsection (b) not later |
|
than the 90th day after the date the request was made. If the |
|
department does not approve or reject the method in accordance with |
|
this subsection, the person who made the request may file an action |
|
to compel the department to approve or reject the method or to show |
|
good cause for an extension of time to make a determination. Venue |
|
for an action brought under this subsection is Travis County. |
|
(c) Water in a public swimming pool or in an artificial |
|
swimming lagoon [open to the public] may not show an acid reaction |
|
to a standard pH test. |
|
(e) Facilities shall be provided in a public swimming pool |
|
or in an artificial swimming lagoon for adequate protection of |
|
bathers against sputum contamination. |
|
(f) A person known to be or suspected of being infected with |
|
a transmissible condition of a communicable disease shall be |
|
excluded from a public swimming pool and from an artificial |
|
swimming lagoon. |
|
(g) The construction and appliances of a public swimming |
|
pool and of an artificial swimming lagoon must be such as to reduce |
|
to a practical minimum the possibility of drowning or of injury to |
|
bathers. The construction after September 4, 1945, of a public |
|
swimming pool or the construction after September 1, 2017, of an |
|
artificial swimming lagoon must conform to good public health |
|
engineering practices. |
|
(i) Dressing rooms of a public swimming pool or of an |
|
artificial swimming lagoon shall contain shower facilities. |
|
(j) A comb or hairbrush used by two or more persons may not |
|
be permitted or distributed in a bathhouse of a public swimming pool |
|
or of an artificial swimming lagoon. |
|
(k) The operator or manager of a public swimming pool or of |
|
an artificial swimming lagoon shall provide adequate and proper |
|
approved facilities for the disposal of human excreta by the |
|
bathers. |
|
(l-1) Rules adopted under this chapter may not prohibit the |
|
consumption of food or beverages in a public swimming pool or |
|
artificial swimming lagoon that is privately owned and operated. |
|
(n) A county or municipality may: |
|
(1) require that the owner or operator of a public |
|
swimming pool or of an artificial swimming lagoon within the |
|
jurisdiction of the county or municipality obtain a permit for |
|
operation of the public swimming pool or artificial swimming |
|
lagoon; |
|
(2) inspect a public swimming pool or an artificial |
|
swimming lagoon within the jurisdiction of the county or |
|
municipality for compliance with this section; and |
|
(3) impose and collect a reasonable fee in connection |
|
with a permit or inspection required under this subsection provided |
|
the following are met: |
|
(A) the auditor for the county shall review the |
|
program every two years to ensure that the fees imposed do not |
|
exceed the cost of the program; and |
|
(B) the county refunds the permit holders any |
|
revenue determined by the auditor to exceed the cost of the program. |
|
(o) A county or municipality may by order close, for the |
|
period specified in the order, a public swimming pool or an |
|
artificial swimming lagoon within the jurisdiction of the county or |
|
municipality if the operation of the public swimming pool or |
|
artificial swimming lagoon violates this section or a permitting or |
|
inspection requirement imposed by the county or municipality under |
|
Subsection (n). |
|
SECTION 4. Section 341.0645(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) An owner, manager, operator, or other attendant in |
|
charge of a public swimming pool, wading pool, baby pool, hot tub, |
|
in-ground spa, water park, spray fountain, or other artificial body |
|
of water typically used for recreational swimming, bathing, or play |
|
shall comply with relevant pool safety standards adopted under this |
|
section. |
|
SECTION 5. Section 341.064(m), Health and Safety Code, is |
|
repealed. |
|
SECTION 6. The changes in law made by this Act apply only to |
|
an offense committed on or after the effective date of this Act. An |
|
offense committed before the effective date of this Act is governed |
|
by the law in effect on the date the offense was committed, and the |
|
former law is continued in effect for that purpose. For purposes of |
|
this section, an offense was committed before the effective date of |
|
this Act if any element of the offense occurred before that date. |
|
SECTION 7. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1468 was passed by the House on April |
|
27, 2017, by the following vote: Yeas 141, Nays 3, 3 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1468 on May 21, 2017, by the following vote: Yeas 133, Nays 7, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1468 was passed by the Senate, with |
|
amendments, on May 19, 2017, by the following vote: Yeas 27, Nays |
|
4. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |