Title HS, Health and Safety Code

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 enclos…

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 co…

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 co…

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 dir…

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,…

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.…

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…

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, c…

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 yar…

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 fail…

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 unle…

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…

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, th…

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.

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.

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 …

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; (…

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…

Sec. 759.001. DEFINITIONS. In this chapter: (1) "Operator" means a person who owns, controls, or has operational responsibility for a roller-skating center. (2) "Roller-skating center" means a facility or a portion of a facility that is specifically designed for roller skating by…

Sec. 759.002. DUTIES OF OPERATOR. An operator shall: (1) provide at least one individual to act as a floor guard for approximately every 200 skaters; (2) require each floor guard to: (A) wear attire that identifies the individual as a floor guard; (B) be on duty at all times whil…

Sec. 759.003. DUTIES OF ROLLER SKATERS. (a) A roller skater: (1) shall comply with each posted sign or warning that relates to the behavior and responsibility of the roller skater in the roller-skating center; (2) shall obey instructions given by the operator, floor guard, or oth…

Sec. 759.004. DUTY OF SPECTATOR. A spectator shall comply with each posted sign or warning that relates to the behavior of the spectator in the roller-skating center. Added by Acts 1993, 73rd Leg., ch. 909, Sec. 1, eff. Sept. 1, 1993. Renumbered from Health & Safety Code Sec. 757…

Sec. 759.005. LIABILITY. (a) The liability of an operator is limited to those injuries or damages proximately caused by a breach of the operator's duties prescribed by Section 757.002. (b) The determination of the percentage of responsibility for an injury or damage shall be made…

Sec. 760.001. DEFINITIONS. In this chapter: (1) "Ice skating center" means that portion of a facility that is designed for ice skating by the public. (2) "Operator" means a person who owns, controls, or has operational responsibility for an ice skating center. (3) "Spectator" mea…

Sec. 760.002. DUTIES OF OPERATOR. An operator shall: (1) provide at least one individual to act as a rink monitor for approximately every 200 ice skaters at any time public skating is allowed; (2) require a rink monitor to: (A) wear attire that identifies the individual as a rink…

Sec. 760.003. DUTIES OF ICE SKATERS. (a) An ice skater shall: (1) comply with each posted sign or warning that relates to the behavior and responsibility of the ice skater in the ice skating center; (2) obey instructions given by the operator, rink monitor, or other ice skating c…

Sec. 760.004. DUTY OF SPECTATOR. A spectator shall comply with each posted sign or warning that relates to the behavior of the spectator in the ice skating center. Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.

Sec. 760.005. DUTY OF CHILD. In determining whether the conduct of a child violates Section 760.003 or 760.004, the conduct shall be evaluated based on the child's experience, intelligence, capacity, and age. Added by Acts 1997, 75th Leg., ch. 141, Sec. 1, eff. Sept. 1, 1997.

Sec. 760.006. LIABILITY. (a) Except for actions against an operator for gross negligence, malice, or intentional conduct, an operator is not liable in negligence for damages for personal injury, property damage, or death unless the personal injury, property damage, or death is ca…

Sec. 762.001. DEFINITIONS. In this chapter: (1) "Cabin" means a structure used to provide temporary sleeping quarters for transient overnight guests. (2) "Campground" means, regardless of profit: (A) a commercial property designed to provide cabins for transient overnight guest u…

Sec. 762.002. FLOODPLAIN SAFETY REQUIREMENTS. (a) A campground operator shall: (1) install and maintain in each campground cabin located within the floodplain an emergency ladder capable of providing access to the cabin's roof; and (2) develop an emergency evacuation plan for: (A…

Sec. 762.003. FIRE PROTECTION STANDARDS. (a) This section does not apply to a campground owned or controlled by a governmental entity. (b) A campground must comply with the National Fire Protection Association 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Ed…

Sec. 763.001. DEFINITIONS. In this subchapter: (1) "Commission" means the Health and Human Services Commission. (2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (3) "Human trafficking" means conduct that constitutes an off…

Sec. 763.002. REQUIRED HUMAN TRAFFICKING TRAINING. A medical assistant, within the time prescribed by commission rule, shall successfully complete a training course approved by the executive commissioner on identifying, assisting, and reporting victims of human trafficking. Added…

Sec. 763.003. TRAINING COURSE APPROVAL. (a) The executive commissioner shall: (1) approve training courses on human trafficking prevention, including at least one course available without charge; and (2) post a list of the approved training courses on the commission's Internet we…

Sec. 765.001. DEFINITIONS. In this chapter: (1) "Department" means the Department of Public Safety. (2) "Dwelling" means one or more rooms rented for residential purposes to one or more tenants. (3) "Employer" means a person who employs employees to work at a residential dwelling…

Sec. 765.002. APPLICATION OF CHAPTER; EXCEPTION. (a) This chapter applies to each applicant for a position of employment in a residential dwelling project to whom an offer of employment is made and who, in the course and scope of the employment, may be reasonably required to have…

Sec. 765.003. VERIFICATION OF CRIMINAL HISTORY RECORD INFORMATION. (a) An employer may request an applicant to disclose to the employer the applicant's criminal history at any time before or after an offer of employment is made to the applicant. After an offer of employment is ma…

Sec. 765.004. PRIVILEGE. Criminal history record information received by an employer under this chapter is privileged and is for the exclusive use of the employer. The employer may disclose the information to an authorized officer, employee, or agent of the employer only for the …

Sec. 765.005. PENALTY. An individual who is an officer, employee, or agent of an employer and who knowingly or intentionally violates Section 765.004 or submits false information to the department commits an offense. An offense under this section is a Class A misdemeanor. Added b…

Sec. 765.006. EFFECT OF SUBMISSION OF FALSE INFORMATION. An employer may terminate the employment of an individual who, at the time of the individual's application for employment or after the individual has been employed by the employer, submits false information relating to the …

Sec. 765.007. OTHER INFORMATION. This chapter does not prevent an employer from asking an applicant for employment or an employee to provide other information if the request for that information is not otherwise prohibited by law. Added by Acts 1993, 73rd Leg., ch. 694, Sec. 1, e…

Sec. 766.001. DEFINITIONS. In this chapter: (1) "Carbon monoxide alarm" means a device that detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas. (2) "Department" means the Texas Department of Insurance. (3) "Fossil fuel" includes coal, k…

Sec. 766.002. SMOKE DETECTOR REQUIREMENT. (a) Each one-family or two-family dwelling constructed in this state must have working smoke detectors installed in the dwelling in accordance with the smoke detector requirements of the building code in effect in the political subdivisio…

Sec. 766.0021. SMOKE DETECTOR FOR HEARING-IMPAIRED PERSONS. (a) A purchaser under a written contract for the sale of a one-family or two-family dwelling may require the seller to install smoke detectors for hearing-impaired persons if: (1) the purchaser or a member of the purchas…

Sec. 766.0025. FRATERNITY AND SORORITY HOUSES. (a) In this section, "fraternity or sorority house" means a dwelling that: (1) is a separate structure and that is not a multiunit residential property composed of multiple independent residential units; and (2) serves as living quar…