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Tex. Prop. Code § 202.022

SWIMMING POOL ENCLOSURES

Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 3, eff

(a) In this section, "swimming pool enclosure" means a fence that:

(1) surrounds a water feature, including a swimming pool or spa;

(2) consists of transparent mesh or clear panels set in metal frames;

(3) is not more than six feet in height; and

(4) is designed to not be climbable.

(b) A property owners' association:

(1) may not adopt or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing on the property owner's property a swimming pool enclosure that conforms to applicable state or local safety requirements; and

(2) may adopt and enforce a provision in a dedicatory instrument establishing limitations related to the appearance of a swimming pool enclosure, including limitations establishing permissible colors for a swimming pool enclosure, provided that the provision does not prohibit a swimming pool enclosure that is black in color and consists of transparent mesh set in metal frames.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.