not personally liable, in most circumstances, for criminal or civil penalties resulting from a violation of a county or municipal ordinance. What’s more, the AAA reminded the city, any pool code violation was not a penal code crime that would ever lead to criminal proceedings. Additional meetings with the city, including several attended by AAA Legislative Committee members, led to a new review of city policy and the implementation of new procedures. Moving forward, when properties are owned by a corporation, a limited liability corporation (LLC), or a limited company (LC), all applications for AAA Director of Government Relations swimming pool and spa permits must provide a current copy of the entity’s Texas Secretary of the State filing information containing, at minimum, the entity’s mailing address, Texas Tax• The new procedures • Apartment properties owned • If the registered payer Number, Right to Transact Busiby an individual owner or essentially eliminate the agent of the facility through a general partnerrequirement for permit ness in Texas, State of Formation, Effecin violation fails to applicants to provide ship still will be required to appear in court as tive SOS Registration Date, Texas SOS date of birth (DOB) and provide a state-issued idensummoned, the File Number, the names of all registered driver’s license (DL) tification card number (e.g., a city will close the agents, and the street addresses of all driver’s license number) and information and property pool-spa facility registered offices. Apartment propermanagement employees a date of birth for the “Reuntil that case is ties owned by an individual owner or no longer will be held sponsible Party” identified on resolved in court. through a general partnership still will responsible for swimming the city’s application form application form be required to provide a state-issued pool violations identification card number (e.g., a driver’s license number) and a date of birth the city that Texas law holds that an After many meetings and inquires, the for the “Responsible Party” identified individual, who has been retained by City of Austin has decided to impleon the city’s application form. the owner of real property, whethment new permitting policy and proFor any pool-spa regulatory er as an employee or a fee manager, is cedures when issuing annual pool permits. The new procedures essentially eliminate the requirement for permit applicants to provide date of birth (DOB) and driver’s license (DL) information and property management employees no longer will be held responsible for swimming pool violations. This issue has been vexing apartment management companies for many years. When pressed to explain their policy of collecting DOB and DL information, the city insisted that personal information was being collected so that if criminal prosecution of a pool code violation was necessary the city would have a person to hold accountable and criminally prosecute. This position was maintained even after the Austin Apartment Association reminded
Industry UPDATE POOL PERMITTING DEEP DIVE By Paul Cauduro,
Additional meetings with the city, including several attended by AAA Legislative Committee members, led to a new review of city policy and the implementation of new procedures.
Read about AAA’s Current issues at austinaptassoc.com/currentissue.
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