Unprotected outlet near tub - violation of NEC 406.8? TX building code?

I recently arrived in TX and the apartment I chose to stay in has a receptacle within a 3 horizontal feet of the tub rim. Further, this outlet does not have a GFCI face (though I am not sure if this is required).

While I am not directly concerned with the receptacle, if it is offending building code (even at a state level, TX) it seems like a gross oversight by the contractors that constructed this complex. I’d like to raise it to building management if it is an issue.

GFCI protection can be provided from a different location, like from another (load-side) receptacle or even a breaker in the panel. It does not have to be at each individual receptacle, however, it should be labeled as GFCI protected.

Thanks Jeff!

Any thoughts on the physical placement of the receptacle itself? Is it “too close” per code?

The NEC would permit the receptacle in that location. All 120 volt receptacles in a dwelling bathroom require GFCI protection. The location is not an issue.

As long as the receptacle is not directly over the footprint of the tub or shower it would meet the NEC requirement along with gfi protection.

As pictured it could be 3 inches closer and still meet the code if gfi protected.

I’m curious why 406.8 or is that the wrong section?

Another point, the NEC does require a receptacle within 3 foot of each bowl in the vanity.