bill stopping HOAs from banning home pool swim lessons

The text as introduced · 397 words

89R506 PRL-D

By: Isaac
H.B. No. 1133

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a property owners' association to

prohibit or regulate certain swim instruction provided in a pool on

an owner's or resident's property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 202, Property Code, is amended by adding

Section 202.008 to read as follows:

Sec. 202.008. REGULATION OF CERTAIN SWIMMING LESSONS. (a)

In this section:

(1) "Certified swim instruction" means instruction in

swimming provided:

(A) by a certified swim instructor; and

(B) according to a curriculum established by the

American Red Cross, the YMCA, or another entity whose swim

instructor training standards are substantially the same as those

established by the American Red Cross or the YMCA.

(2) "Certified swim instructor" means a swim

instructor certified to teach swimming techniques to students after

successfully completing training that complies with the swim

instructor training standards established by the American Red

Cross, the YMCA, or another entity whose swim instructor training

standards are substantially the same as those established by the

American Red Cross or the YMCA.

(b) Except as provided by this section, a property owners'

association may not adopt or enforce a provision in a dedicatory

instrument that restricts or prohibits a property owner or resident

who is a certified swim instructor, or an owner's or resident's

guest who is a certified swim instructor, from providing swim

instruction using a swimming pool located on the owner's or

resident's property.

(c) A property owners' association may adopt or enforce a

dedicatory instrument provision requiring that:

(1) certified swim instruction provided under

Subsection (b):

(A) is located and contained in the rear yard of

the property;

(B) is not visible from the street faced by the

property's principal dwelling;

(C) does not occur earlier than 8 a.m. or later

than 8 p.m.; and

(D) is not provided to more than four individuals

during an instruction period; and

(2) an individual participating in certified swim

instruction under Subsection (b) has access to a permanent restroom

that is:

(A) connected to water and sewer; and

(B) located in:

(i) the property's principal dwelling;

(ii) a garage attached to the property's

principal dwelling; or

(iii) an accessory building on the

property.

(d) A provision that violates Subsection (b) is void.

SECTION 2. This Act takes effect September 1, 2025.