5 county-level rules, plus city-specific rules for 1 city in Galveston County, Texas.
Verified from official government sources
Texas counties cannot zone or run a building-permit program, so unincorporated Galveston County issues no pool permit. Inside a city, the city building department permits pools; the state pool-enclosure law (Health & Safety Code Ch. 757) applies everywhere.
State law, not the county, sets pool-fence rules. Texas Health & Safety Code 757.003 requires a pool-yard enclosure at least 48 inches high measured from the ground on the side away from the pool, and bans chain-link on new enclosures.
Tex. Health & Safety Code 757.003
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. The use of chain link fencing materials is prohibited entirely for a new pool yard enclosure that is constructed after January 1, 1994.
Texas Health & Safety Code 757.004 requires every gate in a pool-yard enclosure to be self-closing and self-latching, to open outward away from the pool, and to have hardware allowing it to be locked. These rules apply countywide.
Tex. Health & Safety Code 757.004
A gate in a fence or wall enclosing a pool yard must have a self-closing and self-latching device... hardware enabling it to be locked... by a padlock or a built-in lock operated by key, card, or combination. Gates must open outward away from the pool yard.
A permanent above-ground pool over 18 inches deep is a 'pool' under Texas Health & Safety Code 757.001 and must have the same 48-inch enclosure and self-latching gate. The county sets no separate rule; a city may require a permit.
Tex. Health & Safety Code 757.001
"Pool" means a permanent swimming pool, permanent wading or reflection pool, or permanent hot tub or spa over 18 inches deep. "Pool yard" means an area that contains a pool.
Under Texas Health & Safety Code 757.001, a permanent hot tub or spa over 18 inches deep is a 'pool,' so it needs the same 48-inch enclosure and self-latching gate. The county sets no separate spa rule.
Tex. Health & Safety Code 757.001
"Pool" means a permanent swimming pool, permanent wading or reflection pool, or permanent hot tub or spa over 18 inches deep.
1 cities in Galveston County have their own swimming pools & spas rules. Each link goes to that city's dedicated page with code citations.
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