Texas Health & Safety Code Ch. 757 (Pool Yard Enclosure Act) sets statewide pool fencing rules but applies ONLY to multi-unit rental and POA pools — not single-family backyard pools. Bexar County has no separate pool safety ordinance for unincorporated areas. CPSC and VGB Act federal rules apply.
Tex. H&S Code §757.002 limits the chapter's application to '(1) a pool owned, controlled, or maintained by the owner of a multiunit rental complex or by a property owners association; and (2) doors and windows of rental dwellings opening into the pool yard of a multiunit rental complex or condominium, cooperative, or town home project.' Where it applies, §757.003 requires a 48-inch enclosure with no gap larger than 4 inches, no chain-link on enclosures built after Jan. 1, 1994, and gates with self-closing/self-latching hardware (latch ≥60 inches above ground unless mounted on the pool side). For single-family homes in unincorporated Bexar County, no county ordinance imposes a barrier requirement; HOA covenants frequently do, and federal Virginia Graeme Baker Pool & Spa Safety Act anti-entrapment drain-cover rules apply to all public pools. If the property is annexed into San Antonio or another city, that city's adopted code (often based on the International Swimming Pool & Spa Code) governs.
Ch. 757 violations are enforced by the city or by private suit at sale of the multiunit property — not by the county. Single-family barrier failures are enforced through HOA covenants or, after an incident, civil negligence claims.
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