81R9489 JSC-D
By: Turner of Harris H.B. No. 1710
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain facilities located in certain areas
prone to severe weather to have emergency generators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.098 to read as follows:
Sec. 531.098. RULES AND PROVISION RELATING TO FACILITIES
LOCATED IN AREAS PRONE TO SEVERE WEATHER. (a) The executive
commissioner shall adopt rules defining areas in this state that
are prone to severe weather as each coastal county and any other
county in which a state of disaster has been declared by an
executive order or proclamation under Chapter 418, Government Code,
issued on or after January 1, 2003. The executive commissioner
shall update the rules as necessary.
(b) The executive commissioner may require a facility
located in an area prone to severe weather that is licensed by a
health and human services agency and that serves elderly persons,
persons who are ill, and persons with special needs to have an
emergency generator located on the premises to provide emergency
electrical power.
SECTION 2. Section 242.037, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j) The minimum standards adopted by the executive
commissioner of the Health and Human Services Commission under this
section must require that each institution located in an area prone
to severe weather under rules adopted by the executive commissioner
of the Health and Human Services Commission under Section 531.098,
Government Code, provide emergency electrical power with an
emergency generator located on the premises.
SECTION 3. Section 247.026, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j) The minimum standards adopted by the executive
commissioner of the Health and Human Services Commission under this
section must require that each assisted living facility located in
an area prone to severe weather under rules adopted by the executive
commissioner of the Health and Human Services Commission under
Section 531.098, Government Code, provide emergency electrical
power with an emergency generator located on the premises.
SECTION 4. Section 248.026, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The minimum standards adopted by the executive
commissioner of the Health and Human Services Commission under this
section must require that each special care facility located in an
area prone to severe weather under rules adopted by the executive
commissioner of the Health and Human Services Commission under
Section 531.098, Government Code, provide emergency electrical
power with an emergency generator located on the premises.
SECTION 5. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt:
(1) the rules required by Section 531.098, Government
Code, as added by this Act; and
(2) the standards required by Sections 242.037(j),
247.026(j), and 248.026(c), Health and Safety Code, as added by
this Act.
SECTION 6. This Act takes effect September 1, 2009.