85R6683 JG-F     By: Hancock S.B. No. 733       A BILL TO BE ENTITLED   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.  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 2.  Sections 341.064(a), (b), (c), (e), (f), (g),   (i), (j), (k), (l-1), (m), (n), and (o), Health and Safety Code, are   amended 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.          (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 in an   artificial swimming lagoon that is privately owned and operated.          (m)  In this section:                (1)  "Artificial swimming lagoon" means an artificial   body of water open to the public for recreational purposes with more   than 20,000 square feet of surface area, an artificial liner, and a   disinfection system.  The term includes only the portion of the body   of water that is designated for swimming.                (2)  "Public[, "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.          (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 3.  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 as defined by Section 341.064,   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 pool   safety standards adopted under this section.          SECTION 4.  Section 481.134(a), Health and Safety Code, is   amended by adding Subdivision (4-a) to read as follows:                (4-a)  "Public swimming pool" has the meaning assigned   by Section 341.064.          SECTION 5.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules necessary to implement the   changes in law made by this Act.          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 September 1, 2017.