Texas Pool Safety Act Applies to All Public Pools

HSC Chapter 757 was enacted to prevent drowning and suction entrapment. It requires anti-entrapment drain covers compliant with the federal Virginia Graeme Baker Pool and Spa Safety Act on all public pools, secondary backup systems where required, and proper pool yard enclosures around residential, apartment, and multi-unit pools. Apartment owners must inspect enclosure gates and self-closing/self-latching hardware, post emergency phone numbers, and ensure the pool yard cannot be accessed through an unattached structure. The Texas Department of State Health Services enforces standards on public pools through 25 TAC Chapter 265. Local jurisdictions may adopt stricter rules but cannot weaken Chapter 757.

Missing or noncompliant drain covers, broken self-latching gates, climbable enclosures, and lack of required signage can lead to state and local citations, civil liability under negligence per se, and pool closure.