By: Thompson of Harris (Senate Sponsor - Hancock) H.B. No. 1468          (In the Senate - Received from the House May 1, 2017;   May 4, 2017, read first time and referred to Committee on Business &   Commerce; May 11, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 7, Nays 0;   May 11, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 1468 By:  Hancock     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.  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   therapeutics 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.     * * * * *