2021 Texas Statutes
Health and Safety Code
Title 9 - Safety
Subtitle A - Public Safety
Chapter 757 - Pool Yard Enclosures
Section 757.004. Gates
Sec. 757.004. GATES. (a) Except as otherwise provided by Section 757.005, a gate in a fence or wall enclosing a pool yard as required by Section 757.003 must:
(1) have a self-closing and self-latching device;
(2) have hardware enabling it to be locked, at the option of whoever controls the gate, by a padlock or a built-in lock operated by key, card, or combination; and
(3) open outward away from the pool yard.
(b) Except as otherwise provided by Subsection (c) and Section 757.005, a gate latch must be installed so that it is at least 60 inches above the ground, except that it may be installed lower if:
(1) the latch is installed on the pool yard side of the gate only and is at least three inches below the top of the gate; and
(2) the gate or enclosure has no opening greater than one-half inch in any direction within 18 inches from the latch, including the space between the gate and the gate post to which the gate latches.
(c) A gate latch may be located 42 inches or higher above the ground if the gate cannot be opened except by key, card, or combination on both sides of the gate.
Added by Acts 1993, 73rd Leg., ch. 517, Sec. 2, eff. Jan. 1, 1994.
