Texas 2009 - 81st Regular

Texas House Bill HB1710 Compare Versions

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1	1	81R9489 JSC-D
2	2	By: Turner of Harris H.B. No. 1710
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring certain facilities located in certain areas
8	8	prone to severe weather to have emergency generators.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Section 531.098 to read as follows:
12	12	Sec. 531.098. RULES AND PROVISION RELATING TO FACILITIES
13	13	LOCATED IN AREAS PRONE TO SEVERE WEATHER. (a) The executive
14	14	commissioner shall adopt rules defining areas in this state that
15	15	are prone to severe weather as each coastal county and any other
16	16	county in which a state of disaster has been declared by an
17	17	executive order or proclamation under Chapter 418, Government Code,
18	18	issued on or after January 1, 2003. The executive commissioner
19	19	shall update the rules as necessary.
20	20	(b) The executive commissioner may require a facility
21	21	located in an area prone to severe weather that is licensed by a
22	22	health and human services agency and that serves elderly persons,
23	23	persons who are ill, and persons with special needs to have an
24	24	emergency generator located on the premises to provide emergency
25	25	electrical power.
26	26	SECTION 2. Section 242.037, Health and Safety Code, is
27	27	amended by adding Subsection (j) to read as follows:
28	28	(j) The minimum standards adopted by the executive
29	29	commissioner of the Health and Human Services Commission under this
30	30	section must require that each institution located in an area prone
31	31	to severe weather under rules adopted by the executive commissioner
32	32	of the Health and Human Services Commission under Section 531.098,
33	33	Government Code, provide emergency electrical power with an
34	34	emergency generator located on the premises.
35	35	SECTION 3. Section 247.026, Health and Safety Code, is
36	36	amended by adding Subsection (j) to read as follows:
37	37	(j) The minimum standards adopted by the executive
38	38	commissioner of the Health and Human Services Commission under this
39	39	section must require that each assisted living facility located in
40	40	an area prone to severe weather under rules adopted by the executive
41	41	commissioner of the Health and Human Services Commission under
42	42	Section 531.098, Government Code, provide emergency electrical
43	43	power with an emergency generator located on the premises.
44	44	SECTION 4. Section 248.026, Health and Safety Code, is
45	45	amended by adding Subsection (c) to read as follows:
46	46	(c) The minimum standards adopted by the executive
47	47	commissioner of the Health and Human Services Commission under this
48	48	section must require that each special care facility located in an
49	49	area prone to severe weather under rules adopted by the executive
50	50	commissioner of the Health and Human Services Commission under
51	51	Section 531.098, Government Code, provide emergency electrical
52	52	power with an emergency generator located on the premises.
53	53	SECTION 5. Not later than January 1, 2010, the executive
54	54	commissioner of the Health and Human Services Commission shall
55	55	adopt:
56	56	(1) the rules required by Section 531.098, Government
57	57	Code, as added by this Act; and
58	58	(2) the standards required by Sections 242.037(j),
59	59	247.026(j), and 248.026(c), Health and Safety Code, as added by
60	60	this Act.
61	61	SECTION 6. This Act takes effect September 1, 2009.