reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter C. Trench Safety › Section 756.022. Trench Excavation in State

Sec. 756.022.  TRENCH EXCAVATION IN STATE.  (a)  The bid documents, if bids are used, and the contract for a construction project in this state on which a contractor is employed and that includes a trench excavation exceeding a depth of five feet must include:
(1)  a reference to the Occupational Safety and Health Administration standards for trench safety that will be in effect during the period of construction of the project;
(2)  a copy of special shoring requirements, if any, of the state or of a political subdivision in which the construction project is located, with a separate pay item for the special shoring requirements;
(3)  a copy of any geotechnical information that was obtained by the owner for use in the design of the trench safety system;  and
(4)  a separate pay item for trench excavation safety protection.
(b)  The separate pay item for trench excavation safety protection must be based on the linear feet of trench excavated.  The separate pay item for special shoring requirements, if any, of the state or of any political subdivision in which the construction project is located must be based on the square feet of shoring used.
(c)  A municipality may adopt an ordinance that requires the refusal of a building permit to a person who fails to certify in writing that the requirement of Subsection (a) has been satisfied.  A municipality, in lieu of or in addition to the written certification, may require an applicant for a building permit to produce for inspection or file with the municipality a copy of a contract that complies with Subsection (a) as a condition of issuance of a building permit.
(d)  This section does not apply to a contract:
(1)  governed by Section 756.023;
(2)  governed by Subtitle D, Title 10, Government Code;  or
(3)  entered into by a person subject to the safety standards adopted under and the administrative penalty provisions of Subchapter E, Chapter 121, Utilities Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Health & Safety Code Sec. 756.021 and amended by Acts 1991, 72nd Leg., ch. 14, Sec. 237, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(4), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 18.31, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter C. Trench Safety › Section 756.023. Trench Excavation for Political Subdivision

Sec. 756.023.  TRENCH EXCAVATION FOR POLITICAL SUBDIVISION.  (a)  On a project for a political subdivision of the state in which trench excavation will exceed a depth of five feet, the bid documents provided to all bidders and the contract must include:
(1)  a reference to the Occupational Safety and Health Administration standards for trench safety in effect during the period of construction of the project;
(2)  a copy of special shoring requirements, if any, of the political subdivision, with a separate pay item for the special shoring requirements;
(3)  a copy of any geotechnical information that was obtained by the owner for use by the contractor in the design of the trench safety system;  and
(4)  a separate pay item for trench excavation safety protection.
(b)  The separate pay item for trench excavation safety protection must be based on the linear feet of trench excavated.  The separate pay item for special shoring requirements, if any, of the political subdivision must be based on the square feet of shoring used.
(c)  A political subdivision may require a bidder to attend a prebid conference to coordinate a geotechnical investigation of the project site by bidders.  In awarding a contract, a political subdivision may not consider a bid from a bidder who failed to attend a required prebid conference.
(d)  This section does not apply to a person subject to the safety standards adopted under and the administrative penalty provisions of Subchapter E, Chapter 121, Utilities Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Redesignated from Health & Safety Code Sec. 756.022 and amended by Acts 1991, 72nd Leg., ch. 14, Sec. 237, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.32, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter D. Outdoor Shooting Ranges › Section 756.041. Definition

Sec. 756.041.  DEFINITION.  In this subchapter, "outdoor shooting range" means an outdoor shooting range, outdoor firing range, or other open property on which persons may fire a weapon for a fee or other remuneration but does not include a deer lease or other similar leases of property for the purpose of hunting or an archery range.
Added by Acts 1991, 72nd Leg., ch. 310, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter D. Outdoor Shooting Ranges › Section 756.0411. Applicability

Sec. 756.0411.  APPLICABILITY.  This subchapter applies only to an outdoor shooting range located in a county with a population of more than 150,000.
Added by Acts 1991, 72nd Leg., ch. 310, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter D. Outdoor Shooting Ranges › Section 756.042. Construction Standards

Sec. 756.042.  CONSTRUCTION STANDARDS.  The owner of an outdoor shooting range shall construct and maintain the range according to standards that are at least as stringent as the standards printed in the National Rifle Association range manual.
Added by Acts 1991, 72nd Leg., ch. 310, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter D. Outdoor Shooting Ranges › Section 756.043. Civil Penalty

Sec. 756.043.  CIVIL PENALTY.  (a)  The owner of an outdoor shooting range who fails to comply with Section 756.042 is liable within 60 days after a finding of noncompliance for a civil penalty of $50 for each day of noncompliance;  the aggregate amount not to exceed $500.
(b)  The attorney general or the appropriate district attorney, criminal district attorney, or county attorney shall recover the civil penalty in a suit on behalf of the state.  If the attorney general brings the suit, the penalty shall be deposited in the state treasury to the credit of the general revenue fund.  If another attorney brings the suit, the penalty shall be deposited in the general fund of the county in which the violation occurred.
Added by Acts 1991, 72nd Leg., ch. 310, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter D. Outdoor Shooting Ranges › Section 756.044. Criminal Penalties

Sec. 756.044.  CRIMINAL PENALTIES.  (a)  The owner of an outdoor shooting range commits an offense if the owner intentionally or recklessly fails to comply with Section 756.042 and that failure results in injury to another person.
(b)  An offense under this section is a Class C misdemeanor, except that if it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this section, the offense is a Class A misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 310, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter D. Outdoor Shooting Ranges › Section 756.045. Insurance Required

Sec. 756.045.  INSURANCE REQUIRED.  (a)  The owner of an outdoor shooting range shall purchase and maintain an insurance policy that provides coverage of at least $500,000 for bodily injuries or death and another policy that provides that level of coverage for property damage resulting from firing any weapon while on the shooting range.
(b)  The owner of an outdoor shooting range shall prominently display a sign at the shooting range stating that the owner has purchased insurance to cover bodily injury, death, or property damage occurring from activities at the shooting range.
Added by Acts 1991, 72nd Leg., ch. 310, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter E. Publicly Funded Playgrounds › Section 756.061. Compliance With Safety Standards

Sec. 756.061.  COMPLIANCE WITH SAFETY STANDARDS.  (a)  Notwithstanding any other rule or statute, and except as provided by Subsection (b), on or after September 1, 2009, public funds may not be used:
(1)  to purchase playground equipment that:
(A)  does not comply with each applicable provision of ASTM Standard F1487-07ae1, "Consumer Safety Performance Specification for Playground Equipment for Public Use" published by ASTM International; or
(B)  has a horizontal bare metal platform or a bare metal step or slide, unless the bare metal is shielded from direct sun by a covering provided with the equipment or by a shaded area in the location where the equipment is installed;
(2)  to purchase surfacing for the area under and around playground equipment if the surfacing will not comply, on completion of installation of the surfacing, with each applicable provision of ASTM Standard F2223-04e1, "Standard Guide for ASTM Standards on Playground Surfacing" published by ASTM International; or
(3)  to pay for installation of playground equipment or surfacing if the installation will not comply, on completion of the installation, with each applicable provision of the specifications described by Subdivision (1) or (2), as applicable.
(b)  Public funds may be used for maintenance of playground equipment or surfacing for the area under and around playground equipment that was purchased before September 1, 2009, even if the equipment or surfacing does not comply, on completion of the maintenance, with each applicable provision of the specifications described by Subsections (a)(1) and (a)(2).
(c)  This section:
(1)  does not create, increase, decrease, or otherwise affect a person's liability for damages for injury, death, or other harm caused by playground equipment, surfacing, or the installation of the equipment or surfacing;  and
(2)  is not a waiver of sovereign immunity of any governmental entity.
Added by Acts 1995, 74th Leg., ch. 896, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1009 (H.B. 4127), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter F. Security Bars › Section 756.081. Definitions

Sec. 756.081.  DEFINITIONS.  In this chapter:
(1)  "Bedroom" means an area of a dwelling intended as sleeping quarters.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(113), eff. April 2, 2015.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(113), eff. April 2, 2015.
(4)  "Residential dwelling" includes a single-family home, a duplex, a triplex, an apartment, a motel or hotel, and a mobile home.
(5)  "Security bars" means burglar bars or other bars located on the inside or outside of a door or window of a residential dwelling.
Added by Acts 1999, 76th Leg., ch. 1522, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(113), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter F. Security Bars › Section 756.082. Security Bars on Residential Dwelling

Sec. 756.082.  SECURITY BARS ON RESIDENTIAL DWELLING.  A person may not install security bars on a door or window of a bedroom in a residential dwelling unless:
(1)  the security bars on at least one door or window in the bedroom have an interior release mechanism;  or
(2)  at least one window or door from the bedroom to the exterior may be opened for emergency escape or rescue.
Added by Acts 1999, 76th Leg., ch. 1522, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter F. Security Bars › Section 756.083. Labeling Requirement

Sec. 756.083.  LABELING REQUIREMENT.  (a)  Except as provided by Subsection (b), a person may not sell security bars or offer security bars for sale in this state unless the security bars or their packaging are labeled in accordance with rules adopted by the state fire marshal.  The required label must state the requirements of Section 756.082.
(b)  A person who is not regularly and actively engaged in business as a wholesale or retail dealer may sell or offer to sell security bars in this state provided that proper written notice of the requirements of Section 756.082 is provided to the buyer in a form approved by the state fire marshal.
Added by Acts 1999, 76th Leg., ch. 1522, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter F. Security Bars › Section 756.084. Recommended Release Mechanism

Sec. 756.084.  RECOMMENDED RELEASE MECHANISM.  (a)  The state fire marshal or a testing laboratory under conditions and procedures approved by the state fire marshal may recommend an interior release mechanism that has been shown to be effective.
(b)  The state fire marshal shall adopt rules to implement this section.
Added by Acts 1999, 76th Leg., ch. 1522, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter G. Municipal Landscaping Services › Section 756.101. Authorization

Sec. 756.101.  AUTHORIZATION.  To protect the public health, safety, or welfare, a municipality may provide landscaping services, including tree-trimming, tree disposal, remediation, cleanup, and recycling services, to any person who resides or business that operates inside or outside the corporate limits of the municipality only if the governing body of the municipality makes written findings as required by Section 756.102.
Added by Acts 2003, 78th Leg., ch. 340, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter G. Municipal Landscaping Services › Section 756.102. Findings Required

Sec. 756.102.  FINDINGS REQUIRED.  The written findings must:
(1)  identify the problem requiring the need for providing municipal landscaping services;
(2)  identify the public health, safety, or welfare concern;
(3)  describe any reasonable actions previously taken to alleviate the problem;  and
(4)  specify a period of definite duration necessary to address the problem.
Added by Acts 2003, 78th Leg., ch. 340, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter G. Municipal Landscaping Services › Section 756.103. Exception

Sec. 756.103.  EXCEPTION.  The limitations and requirements of this subchapter do not apply to a municipality in times of emergency, catastrophe, or other calamity.
Added by Acts 2003, 78th Leg., ch. 340, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter H. Construction Affecting Pipeline Easements and Rights-of-Way › Section 756.121. Definitions

Sec. 756.121.  DEFINITIONS.  In this subchapter:
(1)  "Construction" means a building, structure, driveway, roadway, or other construction any part of which is physically located on, across, over, or under the easement or right-of-way of a pipeline facility or that physically impacts or creates a risk to a pipeline facility.
(2)  "Constructor" means a person that builds, operates, repairs, replaces, or maintains a construction or causes a construction to be built, operated, repaired, maintained, or replaced.
(3)  "Pipeline facility" means a pipeline used to transmit or distribute natural gas or to gather or transmit oil, gas, or the products of oil or gas.
Added by Acts 2003, 78th Leg., ch. 1082, Sec. 2(a), eff. June 20, 2003.
Renumbered from Health and Safety Code, Section 756.101 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(53), eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter H. Construction Affecting Pipeline Easements and Rights-of-Way › Section 756.122. Applicability

Sec. 756.122.  APPLICABILITY.  (a)  This subchapter applies to a construction or the repair, replacement, or maintenance of a construction unless there is a written agreement, including a Texas Department of Transportation right-of-way agreement, to the contrary between the owner or operator of the affected pipeline facility and the person that places or causes a construction to be placed on the easement or right-of-way of a pipeline facility.
(b)  This subchapter does not apply to:
(1)  construction done by a municipality on property owned by the municipality, unless the construction is for private commercial use;  or
(2)  construction or repair, replacement, or maintenance of construction on property owned by a navigation district or port authority created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
Added by Acts 2003, 78th Leg., ch. 1082, Sec. 2(a), eff. June 20, 2003.
Renumbered from Health and Safety Code, Section 756.102 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(53), eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter H. Construction Affecting Pipeline Easements and Rights-of-Way › Section 756.123. Prohibition of Construction Without Notice

Sec. 756.123.  PROHIBITION OF CONSTRUCTION WITHOUT NOTICE.  A person may not build, repair, replace, or maintain a construction on, across, over, or under the easement or right-of-way for a pipeline facility unless notice of the construction is given the operator of the pipeline facility and:
(1)  the operator of the pipeline facility determines that the construction will not increase a risk to the public or increase a risk of a break, leak, rupture, or other damage to the pipeline facility;
(2)  if the operator of the pipeline facility determines that the construction will increase risk to the public or the pipeline facility, the constructor pays the reasonable, necessary, and documented cost of the additional fortifications, barriers, conduits, or other changes or improvements necessary to protect the public or pipeline facility from that risk before proceeding with the construction;
(3)  the building, repair, replacement, or maintenance is conducted under an existing written agreement;  or
(4)  the building, repair, replacement, or maintenance is required to be done promptly by a regulated utility company because of the effects of a natural disaster.
Added by Acts 2003, 78th Leg., ch. 1082, Sec. 2(a), eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 530 (H.B. 951), Sec. 2, eff. September 1, 2005.
Renumbered from Health and Safety Code, Section 756.103 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(53), eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter H. Construction Affecting Pipeline Easements and Rights-of-Way › Section 756.124. Civil Liability

Sec. 756.124.  CIVIL LIABILITY.  A constuctor who violates this subchapter is liable to the owner or operator of a pipeline facility for damages to the facility proximately caused by the violation, including any liability the owner or operator of the pipeline facility incurs as a result of the violation.  This section does not affect the right of a surface owner to recover for any damages to the owner's property.
Added by Acts 2005, 79th Leg., Ch. 530 (H.B. 951), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter H. Construction Affecting Pipeline Easements and Rights-of-Way › Section 756.125. Injunctive Relief

Sec. 756.125.  INJUNCTIVE RELIEF.  (a)  A suit for injunctive relief to prevent or abate the violation of this subchapter may be brought by the county attorney for the county in which the pipeline facility is located, by the attorney general, or by the owner or operator of the pipeline facility.
(b)  The court in which the suit is brought may grant any prohibitory or mandatory injunction the facts warrant, including a temporary restraining order, temporary injunction, or permanent injunction.  The court may grant the relief without requiring a bond or other undertaking.
Added by Acts 2005, 79th Leg., Ch. 530 (H.B. 951), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter H. Construction Affecting Pipeline Easements and Rights-of-Way › Section 756.126. Safety Standards and Best Practices

Sec. 756.126.  SAFETY STANDARDS AND BEST PRACTICES.  The Railroad Commission of Texas shall adopt and enforce rules prescribing safety standards and best practices, including those described by 49 U.S.C. Section 6105 et seq., relating to the prevention of damage by a person to a facility, including an interstate or intrastate pipeline facility, under the jurisdiction of the commission.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 19, eff. June 18, 2005.
Renumbered from Health and Safety Code, Section 756.106 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(49), eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.002. Application

Sec. 757.002.  APPLICATION.  This chapter applies only to:
(1)  a pool owned, controlled, or maintained by the owner of a multiunit rental complex or by a property owners association;  and
(2)  doors and windows of rental dwellings opening into the pool yard of a multiunit rental complex or condominium, cooperative, or town home project.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.003. Enclosure for Pool Yard

Sec. 757.003.  ENCLOSURE FOR POOL YARD.  (a)  Except as otherwise provided by Section 757.005, the owner of a multiunit rental complex with a pool or a property owners association that owns, controls, or maintains a pool shall completely enclose the pool yard with a pool yard enclosure.
(b)  The height of the pool yard enclosure must be at least 48 inches as measured from the ground on the side away from the pool.
(c)  Openings under the pool yard enclosure may not allow a sphere four inches in diameter to pass under the pool yard enclosure.
(d)  If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least 45 inches, the openings may not allow a sphere four inches in diameter to pass through the enclosure.
(e)  If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the openings may not allow a sphere 1-3/4 inches in diameter to pass through the enclosure.
(f)  The use of chain link fencing materials is prohibited entirely for a new pool yard enclosure that is constructed after January 1, 1994.  The use of diagonal fencing members that are lower than 49 inches above the ground is prohibited for a new pool yard enclosure that is constructed after January 1, 1994.
(g)  Decorative designs or cutouts on or in the pool yard enclosure may not contain any openings greater than 1-3/4 inches in any direction.
(h)  Indentations or protrusions in a solid pool yard enclosure without any openings may not be greater than normal construction tolerances and tooled masonry joints on the side away from the pool.
(i)  Permanent equipment or structures may not be constructed or placed in a manner that makes them readily available for climbing over the pool yard enclosure.
(j)  The wall of a building may be part of the pool yard enclosure only if the doors and windows in the wall comply with Sections 757.006 and 757.007.
(k)  The owner of a multiunit rental complex with a pool or a property owners association that owns, controls, or maintains a pool is not required to:
(1)  build a pool yard enclosure at specified locations or distances from the pool other than distances for minimum walkways around the pool;  or
(2)  conform secondary pool yard enclosures, located inside or outside the primary pool yard enclosure, to the requirements of this chapter.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.004. Gates

Sec. 757.004.  GATES.  (a)  Except as otherwise provided by Section 757.005, a gate in a fence or wall enclosing a pool yard as required by Section 757.003 must:
(1)  have a self-closing and self-latching device;
(2)  have hardware enabling it to be locked, at the option of whoever controls the gate, by a padlock or a built-in lock operated by key, card, or combination;  and
(3)  open outward away from the pool yard.
(b)  Except as otherwise provided by Subsection (c) and Section 757.005, a gate latch must be installed so that it is at least 60 inches above the ground, except that it may be installed lower if:
(1)  the latch is installed on the pool yard side of the gate only and is at least three inches below the top of the gate;  and
(2)  the gate or enclosure has no opening greater than one-half inch in any direction within 18 inches from the latch, including the space between the gate and the gate post to which the gate latches.
(c)  A gate latch may be located 42 inches or higher above the ground if the gate cannot be opened except by key, card, or combination on both sides of the gate.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.005. Existing Pool Yard Enclosures

Sec. 757.005.  EXISTING POOL YARD ENCLOSURES.  (a)  If a pool yard enclosure is constructed or modified before January 1, 1994, and no municipal ordinance containing standards for pool yard enclosures were applicable at the time of construction or modification, the enclosure must comply with the requirements of Sections 757.003 and 757.004, except that:
(1)  if the enclosure is constructed with chain link metal fencing material, the openings in the enclosure may not allow a sphere 2-1/4 inches in diameter to pass through the enclosure;  or
(2)  if the enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least 36 inches, the openings in the enclosure may not allow a sphere four inches in diameter to pass through the enclosure.
(b)  If a pool yard enclosure is constructed or modified before January 1, 1994, and if the enclosure is in compliance with applicable municipal ordinances existing on January 1, 1994, and containing standards for pool yard enclosures, Sections 757.003, 757.004(a)(3), and 757.004(b) do not apply to the enclosure.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.006. Door

Sec. 757.006.  DOOR.  (a)  A door, sliding glass door, or French door may not open directly into a pool yard if the date of electrical service for initial construction of the building or pool is on or after January 1, 1994.
(b)  A door, sliding glass door, or French door may open directly into a pool yard if the date of electrical service for initial construction of the building or pool is before January 1, 1994, and the pool yard enclosure complies with Subsection (c), (d), or (e), as applicable.
(c)  If a door of a building, other than a sliding glass door or screen door, opens into the pool yard, the door must have a:
(1)  latch that automatically engages when the door is closed;
(2)  spring-loaded door-hinge pin, automatic door closer, or similar device to cause the door to close automatically;  and
(3)  keyless bolting device that is installed not less than 36 inches or more than 48 inches above the interior floor.
(d)  If French doors of a building open to the pool yard, one of the French doors must comply with Subsection (c)(1) and the other door must have:
(1)  a keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door, and a keyless bolting device capable of insertion into the floor or threshold;  or
(2)  a bolt with at least a 3/4-inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the doorjamb above the door and another bolt with at least a 3/4-inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the floor or threshold.
(e)  If a sliding glass door of a building opens into the pool yard, the sliding glass door must have:
(1)  a sliding door handle latch or sliding door security bar that is installed not more than 48 inches above the interior floor;  and
(2)  a sliding door pin lock that is installed not more than 48 inches above the interior floor.
(f)  A door, sliding glass door, or French door that opens into a pool yard from an area of a building that is not used by residents and that has no access to an area outside the pool yard is not required to have a lock, latch, dead bolt, or keyless bolting device.
(g)  A keyed dead bolt, keyless bolting device, sliding door pin lock, or sliding door security bar installed before September 1, 1993, may be installed not more than 54 inches from the floor.
(h)  A keyed dead bolt or keyless dead bolt, as described by Section 757.001(6)(A)(i), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.007. Window and Window Screens

Sec. 757.007.  WINDOW AND WINDOW SCREENS.  A wall of a building constructed before January 1, 1994, may not be used as part of a pool yard enclosure unless each window in the wall has a latch and unless each window screen on a window in the wall is affixed by a window screen latch, screws, or similar means.  This section does not require the installation of window screens.  A wall of a building constructed on or after January 1, 1994, may not be used as part of a pool yard enclosure unless each ground floor window in the wall is permanently closed and unable to be opened.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.008. Building in Pool Yard

Sec. 757.008.  BUILDING IN POOL YARD.  Each door, sliding glass door, window, and window screen of each dwelling unit in a residential building located in the enclosed pool yard must comply with Sections 757.006 and 757.007.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.009. Inspection, Repair, and Maintenance

Sec. 757.009.  INSPECTION, REPAIR, AND MAINTENANCE.  (a)  An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or town home project with a pool or a property owners association that owns, controls, or maintains a pool shall exercise ordinary and reasonable care to inspect, maintain, repair, and keep in good working order the pool yard enclosures, gates, and self-closing and self-latching devices required by this chapter and within the control of the owner or property owners association.
(b)  An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or town home project with a pool or a property owners association that owns, controls, or maintains a pool shall exercise ordinary and reasonable care to maintain, repair, and keep in good working order the window latches, sliding door handle latches, sliding door pin locks, and sliding door security bars required by this chapter and within the control of the owner or property owners association after request or notice from the tenant that those devices are malfunctioning or in need of repair or replacement.  A request or notice under this subsection may be given orally unless a written lease applicable to the tenant or written rules governing the property owners association require the request or notice to be in writing.  The requirement in the lease or rules must be in capital letters and underlined or in 10-point boldfaced print.
(c)  An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or town home project with a pool or a property owners association that owns, controls, or maintains a pool shall inspect the pool yard enclosures, gates, and self-closing and self-latching devices on gates no less than once every 31 days.
(d)  An owner's or property owners association's duty of inspection, repair, and maintenance under this section may not be waived under any circumstances and may not be enlarged except by written agreement with a tenant or occupant of a multiunit rental complex or a member of a property owners association or as may be otherwise allowed by this chapter.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.010. Compliance With Chapter

Sec. 757.010.  COMPLIANCE WITH CHAPTER.  (a)  Except as provided by Subsection (b) and Section 757.011, a person who constructs or modifies a pool yard enclosure to conform with this chapter may not be required to construct the enclosure differently by a local governmental entity, common law, or any other law.
(b)  An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or town home project with a pool or a property owners association that owns, controls, or maintains a pool may, at the person's option, exceed the standards of this chapter or those adopted under Section 757.011.  A tenant or occupant in a multiunit rental complex and a member of a property owners association may, by express written agreement, require the owner of the complex or the association to exceed those standards.
(c)  A municipality may continue to require greater overall height requirements for pool yard enclosures if the requirements exist under the municipality's ordinances on January 1, 1994.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1509, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.011. Rulemaking Authority

Sec. 757.011.  RULEMAKING AUTHORITY.  The executive commissioner of the Health and Human Services Commission may adopt rules requiring standards for design and construction of pool yard enclosures that exceed the requirements of this chapter and that apply to all pools and pool yards subject to this chapter.  An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or town home project with a pool or a property owners association that owns, controls, or maintains a pool shall comply with and shall be liable for failure to comply with those rules to the same extent as if they were part of this chapter.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1510, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.012. Enforcement

Sec. 757.012.  ENFORCEMENT.  (a)  A tenant of an owner of a multiunit rental complex, a member of a property owners association, a governmental entity, or any other person or the person's representative may maintain an action against the owner or property owners association for failure to comply with the requirements of this chapter.  In that action, the person may obtain:
(1)  a court order directing the owner or property owners association to comply with this chapter;
(2)  a judgment against the owner or property owners association for actual damages resulting from the failure to comply with the requirements of this chapter;
(3)  a judgment against the owner or property owners association for punitive damages resulting from the failure to comply with the requirements of this chapter if the actual damages to the person were caused by the owner's or property owners association's intentional, malicious, or grossly negligent actions;
(4)  a judgment against the owner or property owners association for actual damages, and if appropriate, punitive damages, where the owner or association was in compliance with this chapter at the time of the pool-related damaging event but was consciously indifferent to access being repeatedly gained to the pool yard by unauthorized persons;  or
(5)  a judgment against the owner or property owners association for a civil penalty of not more than $5,000 if the owner or property owners association fails to comply with this chapter within a reasonable time after written notice by a tenant of the multiunit rental complex or a member of the property owners association.
(b)  A court may award reasonable attorney fees and costs to the prevailing party in an action brought under Subsection (a)(5).
(c)  The attorney general, a local health department, a municipality, or a county having jurisdiction may enforce this chapter by any lawful means, including inspections, permits, fees, civil fines, criminal prosecutions, injunctions, and, after required notice, governmental construction or repair of pool yard enclosures that do not exist or that do not comply with this chapter.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.013. Tenant's Request for Repairs

Sec. 757.013.  TENANT'S REQUEST FOR REPAIRS.  A tenant in a multiunit rental complex with a pool may verbally request repair of a keyed dead bolt, keyless bolting device, sliding door latch, sliding door pin lock, sliding door security bar, window latch, or window screen latch unless a provision of a written lease executed by the tenant requires that the request be made in writing and the provision is in capital letters and underlined or in 10-point boldfaced print.  A request for repair may be given to the owner or the owner's managing agent.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.014. Application to Other Bodies of Water and Related Facilities

Sec. 757.014.  APPLICATION TO OTHER BODIES OF WATER AND RELATED FACILITIES.  The owner of a multiunit rental complex or a property owners association is not required to enclose a body of water or construct barriers between the owner's or property owners association's property and a body of water such as an ocean, bay, lake, pond, bayou, river, creek, stream, spring, reservoir, stock tank, culvert, drainage ditch, detention pond, or other flood or drainage facility.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.015. Effect on Other Laws

Sec. 757.015.  EFFECT ON OTHER LAWS.  (a)  The duties established by this chapter for an owner of a multiunit dwelling project, an owner of a dwelling in a condominium, cooperative, or town home project, and a property owners association supersede those established by common law, the Property Code, the Health and Safety Code, the Local Government Code other than Section 214.101, and local ordinances relating to duties to inspect, install, repair, or maintain:
(1)  pool yard enclosures;
(2)  pool yard enclosure gates and gate latches, including self-closing and self-latching devices;
(3)  keyed dead bolts, keyless bolting devices, sliding door handle latches, sliding door security bars, self-latching and self-closing devices, and sliding door pin locks on doors that open into a pool yard area and that are owned and controlled by the owner or property owners association;  and
(4)  latches on windows that open into a pool yard area and that are owned and controlled by the owner or property owners association.
(b)  This chapter does not affect any duties of a rental dwelling owner, lessor, sublessor, management company, or managing agent under Subchapter D, Chapter 92, Property Code.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.016. Nonexclusive Remedies

Sec. 757.016.  NONEXCLUSIVE REMEDIES.  The remedies contained in this chapter are not exclusive and are not intended to affect existing remedies allowed by law or other procedure.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 757 - Pool Yard Enclosures › Section 757.017. Interpretation and Application

Sec. 757.017.  INTERPRETATION AND APPLICATION.  The provisions of this chapter shall be liberally construed to promote its underlying purpose which is to prevent swimming pool deaths and injuries in this state.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 758 - Bicycle Safety › Section 758.001. Definitions

Sec. 758.001.  DEFINITIONS.  In this chapter:
(1)  "Bicycle" means a human-powered vehicle with two wheels in tandem designed to transport by a pedaling action of a person seated on a saddle seat.
(2)  "Department" means the Department of Public Safety.
(3)  "Operator" means a person who travels by pedaling on a bicycle seated on a saddle seat.
(4)  "Other public right-of-way" means any right-of-way, other than a public roadway or public bicycle path, that is accessible by the public and designed for use by vehicular or pedestrian traffic.
(5)  "Public bicycle path" means a right-of-way under the jurisdiction and control of this state or a local political subdivision for use primarily by bicycles or by bicycles and pedestrians.
(6)  "Public roadway" means a right-of-way under the jurisdiction and control of this state or a local political subdivision for use primarily by motor vehicles.
(7)  "Tricycle" means a three-wheeled human-powered vehicle that is designed to have a seat no more than two feet from the ground and be used as a toy by a child younger than six years of age.
Added by Acts 1993, 73rd Leg., ch. 801, Sec. 1, eff. Jan. 1, 1994.  Renumbered from Health & Safety Code Sec. 757.001 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(34), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 758 - Bicycle Safety › Section 758.002. Bicycle Safety Education Program

Sec. 758.002.  BICYCLE SAFETY EDUCATION PROGRAM.  (a)  The department may establish and administer a statewide bicycle safety education program and may adopt rules to implement the program.  The program must include instruction concerning:
(1)  the safe handling and use of bicycles;
(2)  high risk traffic situations;
(3)  bicycle and traffic handling skills;
(4)  on-bike training;
(5)  correct use of bicycle helmets;  and
(6)  traffic laws and regulations.
(b)  The department may issue a certificate or other evidence of completion to a person who has successfully completed a bicycle education course.
(c)  Subject to the establishment of a bicycle education program by the department, a person born after December 31, 1985, who resides in a metropolitan statistical area as defined by the United States Office of Management and Budget may complete a bicycle education course approved by the department before operating a bicycle on a public roadway, public bicycle path, or other public right-of-way.  The course may be completed before the person's 10th birthday.
(d)  The department may charge a fee for the course not to exceed $15.
(e)  The department may:
(1)  determine the qualifications for an instructor in the bicycle education program;
(2)  use volunteer instructors;  and
(3)  certify organizations to recruit and train instructors for the program.
(f)  In administering this section, the department may contract with an educational institution, state agency, local government, or nonprofit organization interested in bicycle education.
(g)  The department may accept gifts, grants, and donations to be used in administering this section.
Added by Acts 1993, 73rd Leg., ch. 801, Sec. 1, eff. Jan. 1, 1994.  Renumbered from Health & Safety Code Sec. 757.002 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(34), eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 758 - Bicycle Safety › Section 758.003. Fund

Sec. 758.003.  FUND.  (a)  A fee collected by the department under this chapter shall be deposited in the state treasury to the credit of the bicycle safety fund.  The department by rule may establish a procedure to allow an educational institution, state agency, local government, or nonprofit organization interested in bicycle safety to retain an amount from the fees collected to cover actual and necessary expenses.
(b)  The fund may be used by the department only to:
(1)  defray the costs of administering this chapter;
(2)  provide a bicycle training course for a child younger than 10 years of age who comes from a low income family;  and
(3)  if funding permits, assist children from low income families in purchasing bicycle helmets.
Added by Acts 1993, 73rd Leg., ch. 801, Sec. 1, eff. Jan. 1, 1994.  Renumbered from Health & Safety Code Sec. 757.003 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(34), eff. Sept. 1, 1995.