Saturday, October 8, 2011
Westlake Beach, 2509 Westlake Dr., Austin, TX
Must register on-line at www.APSPAustin.org/fish
Cost is $50 per adult, $20 per youth (15 years and under)
Check In: 7:00 a.m.
Weigh In: 2:00 p.m.

Westlake Beach is a private park on Lake Austin.  We have the entire park reserved exclusively for this event.  Perfect for families and pool-industry professionals to enjoy a day at the lake.  Lunch and beverages are provided!  This facility includes beach volleyball, water volleyball, Frisbee area, a roped swimming area (with a sand beach!), horseshoe pits, covered picnic tables, barbeque grills, boat slips, and a huge pavilion for the contest weigh-in.  Contests include “Largest Bass, “Largest Fish”, and “Youth Fishing”.  Download the rules and flyer here.

We are proud to tell you, once again, that APEC’s advocacy at the Texas Capitol provided positive and successful results for APEC members and their businesses.

The first, SB 1630 frees all service professionals from the shackles placed upon them by the Texas Department of Licensing and Regulation last Summer with respect to the restriction of work performed at commercial locations under a limited license. Now, those in possession of a Residential Appliance Installers  license can feel confident in the knowledge that commercial work is firmly authorized by statute. The resistance by electrical unions and other stakeholders was overcome to align interests in the bill and ensure its passage.

Next, SB 710 provides for important disclosures to homeowners of main drains in older pools by requiring the Texas Real Estate Commission’s “Standard Real Estate Disclosure Form” to contain information for the disclosure of a main drain in a pool or spa when a home is being sold.   And, while this is a very good from a safety perspective, it is also a nice tool for business development as well since many APEC, IPSSA or APSP members will find themselves repairing, replacing or modifying existing pools or spas in order to ensure proper safety enhancements are made prior to the sale of a home

Lobbyists Jake Posey and Steve Koebele, and the APEC Board of Directors, thank you for all of your support and interest throughout the 2011 legislative session.  If you are not a member of APEC, please join. Collectively we can continue to make a difference at the state and local level.

10411 Westheimer
Houston, TX 77041
(281) 870-1600
Get directions -

Should you need assistance, please contact Pam Vinje, coordinator, at 281-935-4260.

The Independent Electrical Contractors of Texas, the AFL-CIO and the following individuals provided oral testimony on March 30^th:

• Doug Dinkins – APEC
• Scott Waldo – APSP
• Phil Sharp – IPSSA
• Jim Smith – Aquaman Pools and Spas
• Bob Standling – Hayward
• Electrician – Blue Gray Electric of Houston

On Tuesday, April 5, 2011, the House Committee on Licensing and Administrative Procedure heard HB 3382 as the House companion to SB 1630. APEC and the following partners were present to support this important piece of legislation:

• Doug Dinkins – APEC
• Jim Smith – Aquaman Pools and Spas
• Hal Dunbar – APEC
• Kevin Tucker – H20 Gym
• Phil Sharp – IPSSA

• HB 673 by Parker, Relating to the production and use of an instructional video on recreational water safety.
• HB 883 by Alvarado, Relating to minimum efficiency standards for certain products.
• SB 457 by Ellis, Relating to minimum efficiency standards for certain products.
• SB 710 by Van De Putte,  Relating to the disclosure of a hazardous drain in a swimming pool or spa by a seller of residential real property.
• SB 770 by Davis, Wendy, Relating to designating April as Water Safety Awareness Month.
• SB 771 Davis, Wendy, Relating to swimming pool safety alarms for certain single-family homes.

82R4955 YDB-D

By: Davis

S.B. No. 771

A BILL TO BE ENTITLED

AN ACT

Relating to swimming pool safety alarms for certain single-family
homes; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Residential Swimming
Pool Safety Act in memory of Grayson James Satarino.
SECTION 2. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 761 to read as follows:
CHAPTER 761. RESIDENTIAL SWIMMING POOL SAFETY
Sec. 761.001. DEFINITIONS. In this chapter:
(1)  “ASTM” means the American Society for Testing and
Materials.
(2)  “Department” means the Department of State Health
Services.
(3)  “Executive commissioner” means the executive
commissioner of the Health and Human Services Commission.
(4)  “Remodel” means a renovation, reconstruction,
improvement, or repair of a swimming pool that requires a municipal
or county construction permit.
(5)  “Swimming pool” means any structure intended for
swimming or recreational bathing that contains water over 18 inches
deep. The term includes an in-ground or above-ground structure,
hot tub, spa, portable spa, and non-portable wading pool.
Sec. 761.002.  APPLICABILITY. This chapter does not apply
to:
(1)  a swimming pool governed by Chapter 757;
(2)  a hot tub or spa with a locking safety cover that
conforms to ASTM Standard F1346-91 (2010), “Standard Performance
Specification for Safety Covers and Labeling Requirements for All
Covers for Swimming Pools, Spas and Hot Tubs,” as it existed on
January 1, 2011, or a successor standard that is adopted by the
executive commissioner as being at least as safe as the F1346-91
(2010) standard; or
(3)  a swimming pool in the jurisdiction of a political
subdivision of this state that adopts an ordinance regarding alarms
for residential swimming pools with requirements that are at least
as stringent as the requirements of this chapter.
Sec. 761.003.  REQUIRED ALARMS. A person who constructs an
in-ground swimming pool, installs an above-ground swimming pool, or
remodels a swimming pool for a single-family home shall provide for
each swimming pool constructed, installed, or remodeled the
following:
(1)  on each door providing direct access from the home
to the pool area without an intervening enclosure, an exit alarm
that:
(A)  makes an audible, continuous alarm sound when
the door is opened or left ajar; and
(B)  is battery operated or connected to the
electrical wiring of the home; and
(2)  a swimming pool alarm that:
(A)  when placed in a swimming pool, will sound on
detection of accidental or unauthorized entrance into the water;
(B)  meets and is certified by an independent
third party as conforming to ASTM Standard F2208-08, “Standard
Safety Specification for Residential Pool Alarms,” as it existed on
January 1, 2011, or a successor standard that is adopted by the
executive commissioner as being at least as safe as the F2208-08
standard; and
(C)  is not a swimming protection alarm device
designed for individual use, such as an alarm attached to a child
that sounds when the child exceeds a certain distance or becomes
submerged in water.
Sec. 761.004.  CONSUMER NOTICE. A person who sells,
constructs, installs, or remodels a swimming pool for a
single-family home shall provide to the owner of the home written
notice of the requirements of this chapter.
Sec. 761.005.  DUTIES OF EXECUTIVE COMMISSIONER AND
DEPARTMENT. (a)  The executive commissioner shall adopt rules
necessary to implement this chapter.
(b)  The department shall post on the department’s Internet
website the requirements of this chapter, including rules adopted
under this chapter, and any other residential swimming pool safety
information the executive commissioner determines is appropriate.
The information must be posted in a format that is easily
downloaded.
Sec. 761.006.  CIVIL PENALTY. (a)  A person who fails to
comply with Section 761.003 is liable to this state for a civil
penalty not to exceed $5,000 for each noncompliance.
(b)  A person who fails to comply with Section 761.004 is
liable to this state for a civil penalty not to exceed $1,000 for
each noncompliance.
(c)  The attorney general may sue to collect a civil penalty
under this section.
(d)  The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, reasonable attorney’s fees, investigative costs,
witness fees, and deposition expenses.
SECTION 3. (a)  Not later than December 1, 2011, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules and standards required by Chapter 761, Health
and Safety Code, as added by this Act.
(b)  Not later than May 1, 2012, the Department of State
Health Services shall post on the department’s Internet website the
information required by Section 761.005, Health and Safety Code, as
added by this Act.
(c)  Notwithstanding Chapter 761, Health and Safety Code, as
added by this Act, a person who constructs an in-ground swimming
pool, installs an above-ground swimming pool, or remodels a
swimming pool for a single-family home on or after the effective
date of this Act is not required to comply with that chapter before
May 1, 2012.
SECTION 4. (a)  Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2011.
(b)  Section 761.006, Health and Safety Code, as added by
this Act, takes effect May 1, 2012.

by Davis and  Wendy
Relating to designating April as Water Safety Awareness Month.

82R2908 EAH-D

By: Davis  S.B. No. 770

A BILL TO BE ENTITLED

AN ACT

Relating to designating April as Water Safety Awareness Month.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 662, Government Code, is
amended by adding Section 662.107 to read as follows:
Sec. 662.107.  WATER SAFETY AWARENESS MONTH. (a) April is
Water Safety Awareness Month to increase awareness of water-related
injuries in an effort to reduce the number of drowning and
near-drowning incidents involving children.
(b)  Water Safety Awareness Month may be regularly observed
through appropriate activities in public schools and other places
to increase awareness of water safety.
SECTION 2. This Act takes effect September 1, 2011.

 
Please go to SB 770 to view the survey

82R3326 NC-D

By: Van de Putte     S.B. No. 710

A BILL TO BE ENTITLED

AN ACT

Relating to the disclosure of a hazardous drain in a swimming pool
or spa by a seller of residential real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 5.008, Property Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b)  The notice must be executed and must, at a minimum, read
substantially similar to the following:
SELLER’S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT ___________________________________
(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER’S KNOWLEDGE OF
THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
A WARRANTY OF ANY KIND BY SELLER OR SELLER’S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1.  The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).

__ Range         __ Oven         __ Microwave

__ Dishwasher         __ Trash Compactor         __ Disposal

__ Washer/Dryer         __ Window         __ Rain Gutters

Hookups            Screens

__ Security         __ Fire Detection         __ Intercom

System            Equipment            System

__ Smoke Detector

__ Smoke Detector -

Hearing Impaired

__ Carbon Monoxide

Alarm

__ Emergency Escape

Ladder(s)

__ TV Antenna         __ Cable TV         __ Satellite

Wiring            Dish

__ Ceiling Fan(s)         __ Attic Fan(s)         __ Exhaust

Fan(s)

__ Central A/C         __ Central Heating         __ Wall/Window

Air

Conditioning

__ Plumbing System         __ Septic System         __ Public Sewer

System

__ Patio/Decking         __ Outdoor Grill         __ Fences

__ Pool         __ Sauna         __ Spa

__ Hot Tub

__ Pool Equipment         __ Pool Heater         __ Automatic Lawn

Sprinkler

System

__ Fireplace(s) &                 __ Fireplace(s) &

Chimney                    Chimney

(Woodburning)                    (Mock)

__ Gas Lines                 __ Gas Fixtures

(Nat./LP)

Garage: __ Attached         __ Not Attached         __ Carport

Garage Door Opener(s):         __ Electronic         __ Control(s)

Water Heater:         __ Gas         __ Electric

Water Supply: __ City         __ Well __ MUD         __ Co-op
Roof Type: ________________________________Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in
working condition, that have known defects, or that are in need of
repair?  __ Yes  __ No  __ Unknown.
If yes, then describe.  (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2.  Does the property have working smoke detectors installed in
accordance with the smoke detector requirements of Chapter 766,
Health and Safety Code?*  __ Yes  __ No  __ Unknown.
If the answer to the question above is no or unknown,
explain.  (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
*Chapter 766 of the Health and Safety Code requires
one-family or two-family dwellings to have working smoke detectors
installed in accordance with the requirements of the building code
in effect in the area in which the dwelling is located, including
performance, location, and power source requirements. If you do
not know the building code requirements in effect in your area, you
may check unknown above or contact your local building official for
more information. A buyer may require a seller to install smoke
detectors for the hearing impaired if: (1) the buyer or a member of
the buyer’s family who will reside in the dwelling is hearing
impaired; (2) the buyer gives the seller written evidence of the
hearing impairment from a licensed physician; and (3) within 10
days after the effective date, the buyer makes a written request for
the seller to install smoke detectors for the hearing impaired and
specifies the locations for installation. The parties may agree who
will bear the cost of installing the smoke detectors and which brand
of smoke detectors to install.
3.  Are you (Seller) aware of any known defect/malfunctions in any
of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls         __ Ceilings         __ Floors

__ Exterior Walls         __ Doors         __ Windows

__ Roof         __ Foundation/         __ Basement

Slab(s)

__ Walls/Fences         __ Driveways         __ Sidewalks

__ Plumbing/Sewers/         __ Electrical         __ Lighting

Septics            Systems            Fixtures
__ Other Structural Components (Describe):____________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain.  (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
4.  Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites         __ Previous Structural

(includes            or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot Damage         __ Hazardous or Toxic Waste

__ Termite or Wood Rot Damage         __ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage         __ Asbestos Components

__ Previous Termite         __ Urea formaldehyde

Treatment            Insulation

__ Previous Flooding         __ Radon Gas

__ Improper Drainage         __ Lead Based Paint

__ Water Penetration         __ Aluminum Wiring

__ Located in 100-Year         __ Previous Fires

Floodplain

__ Present Flood Insurance         __ Unplatted Easements

Coverage

__ Landfill, Settling, Soil         __ Subsurface

Movement, Fault Lines            Structure or Pits

__ Single Blockable Main         __ Previous Use of Premises

Drain in Pool/Hot            for Manufacture of

Tub/Spa*            Methamphetamine
If the answer to any of the above is yes, explain.  (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
*A single blockable main drain may cause a suction entrapment
hazard for an individual.
5.  Are you (Seller) aware of any item, equipment, or system in or
on the property that is in need of repair?  __ Yes (if you are
aware)  __ No (if you are not aware).  If yes, explain (attach
additional sheets as necessary)._________________________________
6.  Are you (Seller) aware of any of the following?
Write Yes (Y) if you aware, write No (N) if you are not aware.

__     Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__     Homeowners’ Association or maintenance fees or assessments.

__     Any “common area” (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__     Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__     Any lawsuits directly or indirectly affecting the Property.

__     Any condition on the Property which materially affects the physical health or safety of an individual.
If the answer to any of the above is yes, explain.  (Attach
additional sheets if necessary): _____________________________
________________________________________________________________
________________________________________________________________
7.  If the property is located in a coastal area that is seaward of
the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
tide bordering the Gulf of Mexico, the property may be subject to
the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
Natural Resources Code, respectively) and a beachfront
construction certificate or dune protection permit may be required
for repairs or improvements. Contact the local government with
ordinance authority over construction adjacent to public beaches
for more information.
_______________________________________________________
Date                     Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice.
_______________________________________________________
Date                     Signature of Purchaser
(g)  In this section:
(1)  “Blockable main drain” means a main drain of any
size and shape that a human body can sufficiently block to create a
suction entrapment hazard.
(2)  “Main drain” means a submerged suction outlet
typically located at the bottom of a swimming pool or spa to conduct
water to a recirculating pump.
SECTION 2. This Act applies only to a transfer of property
that occurs on or after the effective date of this Act. A transfer
of property that occurs before the effective date of this Act is
governed by the law applicable to the transfer immediately before
that date, and the former law is continued in effect for that
purpose. For the purposes of this section, a transfer of property
occurs before the effective date of this Act if the contract binding
the purchaser to purchase the property is executed before that
date.
SECTION 3. This Act takes effect September 1, 2011.

 
Please go to SB 710 to view the survey
 

82R481 ALL-D

By: Ellis  S.B. No. 457

A BILL TO BE ENTITLED

AN ACT

Relating to minimum efficiency standards for certain products;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 392 to read as follows:
CHAPTER 392.  PRODUCT EFFICIENCY STANDARDS
SUBCHAPTER A.  GENERAL PROVISIONS
Sec. 392.001.  DEFINITIONS. In this chapter:
(1)  “Residential pool pump” means a product,
consisting in part of a motor and an impeller and housing, designed
to circulate and filter residential swimming pool water to maintain
the water’s clarity and sanitation.
(2)  “Residential pool pump motor” means a definite
purpose motor designed for use in a residential pool pump.
(3)  “Total horsepower” means the product of a motor’s
service factor and nameplate horsepower.
Sec. 392.002.  APPLICABILITY; EXEMPTIONS. (a)  This chapter
applies to the following types of new products sold, offered for
sale, or installed in this state:
(1)  residential pool pumps;
(2)  residential pool pump motors; and
(3)  residential pool pump motor controls.
(b)  This chapter does not apply to:
(1)  a new product manufactured in this state and sold
outside the state;
(2)  a new product manufactured outside this state and
sold at wholesale inside the state for final retail sale and
installation outside the state; or
(3)  water pumps that are labeled as not intended for
use as a swimming pool filtration pump and are used in:
(A)  a water feature;
(B)  a fountain;
(C)  a spa jet; or
(D)  a process other than filtration.
[Sections 392.003-392.050 reserved for expansion]
SUBCHAPTER B.  EFFICIENCY STANDARDS
Sec. 392.051.  MINIMUM EFFICIENCY STANDARDS FOR CERTAIN
PRODUCTS. (a)  Not later than September 1, 2012, the comptroller,
in consultation with the State Energy Conservation Office, by rule
shall establish minimum efficiency standards for each type of new
product described by Section 392.002(a).
(b)  If a federal law establishes a minimum efficiency
standard for a product covered by this chapter, the standard set
under this chapter is preempted by the federal law unless an
application for waiver under Section 392.102 is granted.
Sec. 392.052.  NEW OR REVISED EFFICIENCY STANDARDS.  (a)  The
comptroller by rule may establish a new or revised efficiency
standard for a product described by Section 392.002(a).
(b)  The comptroller, in consultation with the State Energy
Conservation Office, by rule shall establish a new or revised
standard if the comptroller determines that the standard would:
(1)  serve to promote energy conservation in this
state; and
(2)  be cost-effective for consumers who purchase and
use a new product to which the standard applies.
(c)  Notwithstanding Subsections (a) and (b), the
comptroller may not establish a new or revised standard for a
product described by Section 392.002(a) if the standard would
provide for less stringent energy efficiency requirements than a
standard prescribed by Section 392.054 or a rule adopted under
Section 392.051.
Sec. 392.053.  EFFECTIVE DATE OF STANDARDS.  A standard
established under this subchapter takes effect on the first
anniversary of the date the rule establishing the standard is
adopted.
Sec. 392.054.  RESIDENTIAL POOL PUMPS, RESIDENTIAL POOL PUMP
MOTORS, AND RESIDENTIAL POOL PUMP MOTOR CONTROLS. (a) A
residential pool pump motor may not be a split-phase or capacitor
start-induction run type motor, except that the following are not
prohibited by this subsection:
(1)  a two-speed motor with a low-speed section that is
a capacitor start-induction run type; and
(2)  a 48-frame motor designed for use with
above-ground pools.
(b)  A residential pool pump motor with a total horsepower
capacity of one or more must:
(1)  have the capability of operating at two or more
speeds with a low speed having a rotation rate that is not more than
one-half of the motor’s maximum rotation rate; and
(2)  be operated with a pool pump motor control with the
capability to operate the pump at two or more speeds.
(c)  A pool pump motor control that is sold for use with a
residential pool pump motor capable of operating at two or more
speeds must have the capability of operating the pool pump at two or
more speeds. The control’s default circulation speed setting may
not exceed one-half of the motor’s maximum rotation rate.  Any
high-speed override capability must be for a temporary period not
to exceed one 24-hour cycle without resetting to the default
setting.
[Sections 392.055-392.100 reserved for expansion]
SUBCHAPTER C.  IMPLEMENTATION AND MODIFICATION OF EFFICIENCY
STANDARDS
Sec. 392.101.  PRODUCT COMPLIANCE. (a)  A new product
described by Section 392.002(a) may not be sold or offered for sale
in this state unless the efficiency of the new product meets or
exceeds the applicable efficiency standards prescribed by this
chapter or a rule adopted under this chapter.
(b)  On or after the first anniversary of the date the sale or
offering for sale of a new product becomes subject to an efficiency
standard prescribed by or adopted under this chapter, that product
may not be installed for compensation in this state unless the
efficiency of the product meets or exceeds the applicable
efficiency standard.
Sec. 392.102.  APPLICATION FOR WAIVER. For purposes of this
chapter, the comptroller may apply for a waiver of federal
preemption in accordance with federal procedures under 42 U.S.C.
Section 6297(d) to authorize a state efficiency standard for a
product regulated by the federal government.
[Sections 392.103-392.150 reserved for expansion]
SUBCHAPTER D.  TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT
Sec. 392.151.  PRODUCT TESTING.  (a)  The manufacturer of a
new product subject to an efficiency standard prescribed by or
adopted under this chapter shall test samples of the product in
accordance with the test methods or procedures adopted under this
chapter.
(b)  The comptroller, in consultation with the State Energy
Conservation Office, by rule shall adopt test methods or procedures
for determining a product’s energy efficiency. The comptroller
shall adopt test methods or procedures approved by the United
States Department of Energy or, in the absence of those test methods
or procedures, other appropriate nationally recognized test
methods or procedures.
(c)  The comptroller may adopt an updated test method or
procedure when a new version of a test method or procedure becomes
available.
Sec. 392.152.  PRODUCT CERTIFICATION. (a)  The manufacturer
of a new product subject to an efficiency standard prescribed by or
adopted under this chapter shall certify to the comptroller that
the product is in compliance with that standard according to test
results.
(b)  The comptroller shall adopt rules governing the
certification of products under this section and shall coordinate
certification by this state with the certification programs of
other states and federal agencies with similar standards.
Sec. 392.153.  PRODUCT LABELING.  (a)  The manufacturer of a
new product subject to an efficiency standard prescribed by or
adopted under this chapter shall identify each product offered for
sale or installation in this state as being in compliance with this
chapter by means of a mark, label, or tag on the product and
packaging at the time of sale or installation.
(b)  The comptroller shall adopt rules governing the
identification of products and packaging under this section. The
rules must to the greatest practical extent be coordinated with the
labeling programs of other states and federal agencies with
equivalent efficiency standards. The comptroller shall allow the
use of existing marks, labels, or tags that connote compliance with
the efficiency requirements of this chapter.
Sec. 392.154.  COMPTROLLER TESTING FOR EFFICIENCY STANDARDS
COMPLIANCE.  The comptroller may test products subject to an
efficiency standard prescribed by or adopted under this chapter for
compliance with the applicable efficiency standard. If a product
tested is found not to be in compliance with the standard, the
comptroller shall:
(1)  impose against the manufacturer of the product an
assessment in an amount sufficient to recover the costs of
purchasing and testing the product; and
(2)  make information available to the public on any
product found to be not in compliance with the standard.
Sec. 392.155.  INSPECTIONS.  The comptroller may have
periodic inspections conducted of a distributor or retailer of new
products described by Section 392.002(a) subject to an efficiency
standard prescribed by or adopted under this chapter to determine
compliance with this chapter.  The inspections must be conducted at
reasonable and convenient hours.  Notice must be given before an
inspection may be conducted.
Sec. 392.156.  COMPLAINTS.  The comptroller shall
investigate a complaint received concerning a violation of this
chapter and shall report the results of the investigation to the
attorney general.
Sec. 392.157.  ATTORNEY GENERAL ENFORCEMENT. The attorney
general may institute proceedings to enforce this chapter.
Sec. 392.158.  VIOLATIONS AND PENALTIES. (a)  The
comptroller shall issue a warning to a person for the person’s first
violation of this chapter.
(b)  A person’s second and subsequent violations are subject
to a civil penalty of not more than $250.
(c)  Each violation constitutes a separate violation, and
each day that a violation continues constitutes a separate
violation.
(d)  A penalty assessed under this section is in addition to
costs assessed under Section 392.154.
Sec. 392.159.  RULES FOR IMPLEMENTATION AND ENFORCEMENT.
The comptroller may adopt additional rules necessary to ensure the
proper implementation and enforcement of this chapter.
SECTION 2.  Section 389.002, Health and Safety Code, is
amended to read as follows:
Sec. 389.002.  USE OF CERTAIN INFORMATION FOR FEDERAL
RECOGNITION OF EMISSIONS REDUCTIONS. (a)  The commission, using
information derived from the reports to the commission under
Sections 386.205, 388.003(e), and 388.006, shall take all
appropriate and necessary actions so that emissions reductions
achieved by means of activities under Chapters 386 and 388 are
credited by the United States Environmental Protection Agency to
the appropriate emissions reduction objectives in the state
implementation plan.
(b)  The commission shall work with the Energy Systems
Laboratory at the Texas Engineering Experiment Station of The Texas
A&M University System to ensure that the emissions reductions
achieved by an efficiency standard established under Chapter 392
are credited by the United States Environmental Protection Agency
to the appropriate emissions reduction objectives in the state
implementation plan.
SECTION 3. (a)  An efficiency standard prescribed by a rule
adopted under Subchapter B, Chapter 392, Health and Safety Code, as
added by this Act, applies only to the sale or offer for sale of a
new product to which that chapter applies that occurs on or after
January 1, 2013.
(b)  Notwithstanding Subsection (a) of this section, a new
residential pool pump, residential pool pump motor, or residential
pool pump motor control that does not meet an efficiency standard
prescribed by Section 392.054, Health and Safety Code, as added by
this Act, may be sold in this state through December 31, 2013.
SECTION 4. This Act takes effect September 1, 2011.

 
 
Please go to SB 457 to view the survey
 

82R481 ALL-D

By: Alvarado  H.B. No. 883

A BILL TO BE ENTITLED

AN ACT

Relating to minimum efficiency standards for certain products;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle C, Title 5, Health and Safety Code, is
amended by adding Chapter 392 to read as follows:
CHAPTER 392.  PRODUCT EFFICIENCY STANDARDS
SUBCHAPTER A.  GENERAL PROVISIONS
Sec. 392.001.  DEFINITIONS. In this chapter:
(1)  “Residential pool pump” means a product,
consisting in part of a motor and an impeller and housing, designed
to circulate and filter residential swimming pool water to maintain
the water’s clarity and sanitation.
(2)  “Residential pool pump motor” means a definite
purpose motor designed for use in a residential pool pump.
(3)  “Total horsepower” means the product of a motor’s
service factor and nameplate horsepower.
Sec. 392.002.  APPLICABILITY; EXEMPTIONS. (a)  This chapter
applies to the following types of new products sold, offered for
sale, or installed in this state:
(1)  residential pool pumps;
(2)  residential pool pump motors; and
(3)  residential pool pump motor controls.
(b)  This chapter does not apply to:
(1)  a new product manufactured in this state and sold
outside the state;
(2)  a new product manufactured outside this state and
sold at wholesale inside the state for final retail sale and
installation outside the state; or
(3)  water pumps that are labeled as not intended for
use as a swimming pool filtration pump and are used in:
(A)  a water feature;
(B)  a fountain;
(C)  a spa jet; or
(D)  a process other than filtration.
[Sections 392.003-392.050 reserved for expansion]
SUBCHAPTER B.  EFFICIENCY STANDARDS
Sec. 392.051.  MINIMUM EFFICIENCY STANDARDS FOR CERTAIN
PRODUCTS. (a)  Not later than September 1, 2012, the comptroller,
in consultation with the State Energy Conservation Office, by rule
shall establish minimum efficiency standards for each type of new
product described by Section 392.002(a).
(b)  If a federal law establishes a minimum efficiency
standard for a product covered by this chapter, the standard set
under this chapter is preempted by the federal law unless an
application for waiver under Section 392.102 is granted.
Sec. 392.052.  NEW OR REVISED EFFICIENCY STANDARDS.  (a)  The
comptroller by rule may establish a new or revised efficiency
standard for a product described by Section 392.002(a).
(b)  The comptroller, in consultation with the State Energy
Conservation Office, by rule shall establish a new or revised
standard if the comptroller determines that the standard would:
(1)  serve to promote energy conservation in this
state; and
(2)  be cost-effective for consumers who purchase and
use a new product to which the standard applies.
(c)  Notwithstanding Subsections (a) and (b), the
comptroller may not establish a new or revised standard for a
product described by Section 392.002(a) if the standard would
provide for less stringent energy efficiency requirements than a
standard prescribed by Section 392.054 or a rule adopted under
Section 392.051.
Sec. 392.053.  EFFECTIVE DATE OF STANDARDS.  A standard
established under this subchapter takes effect on the first
anniversary of the date the rule establishing the standard is
adopted.
Sec. 392.054.  RESIDENTIAL POOL PUMPS, RESIDENTIAL POOL PUMP
MOTORS, AND RESIDENTIAL POOL PUMP MOTOR CONTROLS. (a) A
residential pool pump motor may not be a split-phase or capacitor
start-induction run type motor, except that the following are not
prohibited by this subsection:
(1)  a two-speed motor with a low-speed section that is
a capacitor start-induction run type; and
(2)  a 48-frame motor designed for use with
above-ground pools.
(b)  A residential pool pump motor with a total horsepower
capacity of one or more must:
(1)  have the capability of operating at two or more
speeds with a low speed having a rotation rate that is not more than
one-half of the motor’s maximum rotation rate; and
(2)  be operated with a pool pump motor control with the
capability to operate the pump at two or more speeds.
(c)  A pool pump motor control that is sold for use with a
residential pool pump motor capable of operating at two or more
speeds must have the capability of operating the pool pump at two or
more speeds. The control’s default circulation speed setting may
not exceed one-half of the motor’s maximum rotation rate.  Any
high-speed override capability must be for a temporary period not
to exceed one 24-hour cycle without resetting to the default
setting.
[Sections 392.055-392.100 reserved for expansion]
SUBCHAPTER C.  IMPLEMENTATION AND MODIFICATION OF EFFICIENCY
STANDARDS
Sec. 392.101.  PRODUCT COMPLIANCE. (a)  A new product
described by Section 392.002(a) may not be sold or offered for sale
in this state unless the efficiency of the new product meets or
exceeds the applicable efficiency standards prescribed by this
chapter or a rule adopted under this chapter.
(b)  On or after the first anniversary of the date the sale or
offering for sale of a new product becomes subject to an efficiency
standard prescribed by or adopted under this chapter, that product
may not be installed for compensation in this state unless the
efficiency of the product meets or exceeds the applicable
efficiency standard.
Sec. 392.102.  APPLICATION FOR WAIVER. For purposes of this
chapter, the comptroller may apply for a waiver of federal
preemption in accordance with federal procedures under 42 U.S.C.
Section 6297(d) to authorize a state efficiency standard for a
product regulated by the federal government.
[Sections 392.103-392.150 reserved for expansion]
SUBCHAPTER D.  TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT
Sec. 392.151.  PRODUCT TESTING.  (a)  The manufacturer of a
new product subject to an efficiency standard prescribed by or
adopted under this chapter shall test samples of the product in
accordance with the test methods or procedures adopted under this
chapter.
(b)  The comptroller, in consultation with the State Energy
Conservation Office, by rule shall adopt test methods or procedures
for determining a product’s energy efficiency. The comptroller
shall adopt test methods or procedures approved by the United
States Department of Energy or, in the absence of those test methods
or procedures, other appropriate nationally recognized test
methods or procedures.
(c)  The comptroller may adopt an updated test method or
procedure when a new version of a test method or procedure becomes
available.
Sec. 392.152.  PRODUCT CERTIFICATION. (a)  The manufacturer
of a new product subject to an efficiency standard prescribed by or
adopted under this chapter shall certify to the comptroller that
the product is in compliance with that standard according to test
results.
(b)  The comptroller shall adopt rules governing the
certification of products under this section and shall coordinate
certification by this state with the certification programs of
other states and federal agencies with similar standards.
Sec. 392.153.  PRODUCT LABELING.  (a)  The manufacturer of a
new product subject to an efficiency standard prescribed by or
adopted under this chapter shall identify each product offered for
sale or installation in this state as being in compliance with this
chapter by means of a mark, label, or tag on the product and
packaging at the time of sale or installation.
(b)  The comptroller shall adopt rules governing the
identification of products and packaging under this section. The
rules must to the greatest practical extent be coordinated with the
labeling programs of other states and federal agencies with
equivalent efficiency standards. The comptroller shall allow the
use of existing marks, labels, or tags that connote compliance with
the efficiency requirements of this chapter.
Sec. 392.154.  COMPTROLLER TESTING FOR EFFICIENCY STANDARDS
COMPLIANCE. The comptroller may test products subject to an
efficiency standard prescribed by or adopted under this chapter for
compliance with the applicable efficiency standard. If a product
tested is found not to be in compliance with the standard, the
comptroller shall:
(1)  impose against the manufacturer of the product an
assessment in an amount sufficient to recover the costs of
purchasing and testing the product; and
(2)  make information available to the public on any
product found to be not in compliance with the standard.
Sec. 392.155.  INSPECTIONS.  The comptroller may have
periodic inspections conducted of a distributor or retailer of new
products described by Section 392.002(a) subject to an efficiency
standard prescribed by or adopted under this chapter to determine
compliance with this chapter.  The inspections must be conducted at
reasonable and convenient hours.  Notice must be given before an
inspection may be conducted.
Sec. 392.156.  COMPLAINTS.  The comptroller shall
investigate a complaint received concerning a violation of this
chapter and shall report the results of the investigation to the
attorney general.
Sec. 392.157.  ATTORNEY GENERAL ENFORCEMENT. The attorney
general may institute proceedings to enforce this chapter.
Sec. 392.158.  VIOLATIONS AND PENALTIES.  (a)  The
comptroller shall issue a warning to a person for the person’s first
violation of this chapter.
(b)  A person’s second and subsequent violations are subject
to a civil penalty of not more than $250.
(c)  Each violation constitutes a separate violation, and
each day that a violation continues constitutes a separate
violation.
(d)  A penalty assessed under this section is in addition to
costs assessed under Section 392.154.
Sec. 392.159.  RULES FOR IMPLEMENTATION AND ENFORCEMENT.
The comptroller may adopt additional rules necessary to ensure the
proper implementation and enforcement of this chapter.
SECTION 2.  Section 389.002, Health and Safety Code, is
amended to read as follows:
Sec. 389.002.  USE OF CERTAIN INFORMATION FOR FEDERAL
RECOGNITION OF EMISSIONS REDUCTIONS. (a)  The commission, using
information derived from the reports to the commission under
Sections 386.205, 388.003(e), and 388.006, shall take all
appropriate and necessary actions so that emissions reductions
achieved by means of activities under Chapters 386 and 388 are
credited by the United States Environmental Protection Agency to
the appropriate emissions reduction objectives in the state
implementation plan.
(b)  The commission shall work with the Energy Systems
Laboratory at the Texas Engineering Experiment Station of The Texas
A&M University System to ensure that the emissions reductions
achieved by an efficiency standard established under Chapter 392
are credited by the United States Environmental Protection Agency
to the appropriate emissions reduction objectives in the state
implementation plan.
SECTION 3.  (a)  An efficiency standard prescribed by a rule
adopted under Subchapter B, Chapter 392, Health and Safety Code, as
added by this Act, applies only to the sale or offer for sale of a
new product to which that chapter applies that occurs on or after
January 1, 2013.
(b)  Notwithstanding Subsection (a) of this section, a new
residential pool pump, residential pool pump motor, or residential
pool pump motor control that does not meet an efficiency standard
prescribed by Section 392.054, Health and Safety Code, as added by
this Act, may be sold in this state through December 31, 2013.
SECTION 4.  This Act takes effect September 1, 2011.

 
Please go to HB 883 to view the survey