HB1133 - 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.

  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.