| 1 | 1 | | By: Coleman (Senate Sponsor - Van de Putte) H.B. No. 3729 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 15, 2013, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to licensing requirements for newly constructed assisted |
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| 11 | 11 | | living facilities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 247.021(g), Health and Safety Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (g) The department shall, upon submission of a written |
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| 16 | 16 | | request by the applicant, automatically issue a six-month |
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| 17 | 17 | | provisional license without conducting a life safety code |
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| 18 | 18 | | inspection before issuance of the provisional license to a newly |
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| 19 | 19 | | constructed facility if: |
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| 20 | 20 | | (1) the license applicant has submitted building plans |
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| 21 | 21 | | to the department for an early compliance review in accordance with |
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| 22 | 22 | | Section 247.0261 [facility is in compliance with resident care |
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| 23 | 23 | | standards]; |
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| 24 | 24 | | (2) all local approvals, including a certificate of |
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| 25 | 25 | | occupancy where required, have been obtained; |
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| 26 | 26 | | (3) a complete license application form is submitted |
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| 27 | 27 | | within 30 days of receipt of all local approvals; |
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| 28 | 28 | | (4) the license fee has been paid; |
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| 29 | 29 | | (5) [before beginning construction, the license |
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| 30 | 30 | | applicant submits working drawings and specifications to the |
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| 31 | 31 | | department for review; and |
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| 32 | 32 | | [(6)] the department determines that the license |
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| 33 | 33 | | applicant or a person who owns the license applicant and controls |
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| 34 | 34 | | the operations of the license applicant constructed another |
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| 35 | 35 | | facility in this state that complies with the department's life |
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| 36 | 36 | | safety code standards; and |
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| 37 | 37 | | (6) the facility is in compliance with resident care |
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| 38 | 38 | | standards based on an on-site health inspection. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 40 | 40 | | * * * * * |
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