TX
Texas House Bill HB4095

Texas 2017 - 85th Regular

Texas House Bill HB4095 Compare Versions

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1-85R23119 AJZ-D
2- By: Klick, et al. H.B. No. 4095
3- Substitute the following for H.B. No. 4095:
4- By: Minjarez C.S.H.B. No. 4095
1+85R7581 AJZ-D
2+ By: Klick H.B. No. 4095
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to safety requirements of assisted living facilities.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
119 SECTION 1. Subchapter B, Chapter 247, Health and Safety
1210 Code, is amended by adding Sections 247.0263 and 247.0264 to read as
1311 follows:
1412 Sec. 247.0263. LIFE SAFETY CODE TECHNICAL MEMORANDUM. (a)
1513 At least twice each year, the commission shall issue a technical
1614 memorandum providing guidance on the interpretation of minimum life
1715 safety code standards prescribed under this chapter and by
18- commission rule. Any new requirement that relates to an existing
19- standard must first appear in a technical memorandum.
16+ commission rule. The technical memorandum must include guidance
17+ regarding any new standard proposed or adopted by the executive
18+ commissioner under Section 247.026 that is essential to the safety
19+ of the residents of an assisted living facility and not otherwise
20+ required by this chapter.
2021 (b) The commission shall solicit comments from interested
21- parties and experts to assist in determining which standards need
22- to be addressed in a technical memorandum issued under this
23- section.
22+ parties and experts to determine any additional minimum standards
23+ that need to be addressed in a technical memorandum issued under
24+ this section.
2425 (c) The commission shall post the technical memorandum on
2526 the commission's Internet website.
2627 (d) A technical memorandum issued under this section is
27- binding and must be followed by a person conducting a life safety
28- code survey under this chapter.
29- (e) This section does not affect the commission's
30- rulemaking process.
31- Sec. 247.0264. ACCESSIBILITY STANDARDS. (a) The Texas
32- Department of Licensing and Regulation governs the interpretation
33- and enforcement of accessibility standards in assisted living
34- facilities as provided by Chapter 469, Government Code.
35- (b) An assisted living facility that during initial
36- licensing passed an on-site inspection by the Texas Department of
37- Licensing and Regulation relating to the facility's compliance with
38- the accessibility standards may not be cited by the commission for a
39- violation relating to the accessibility standards. If the
40- commission issues a citation relating to compliance with
41- accessibility standards to a facility that has not been inspected
42- by the Texas Department of Licensing and Regulation for compliance
43- with the accessibility standards, the commission shall rescind the
44- citation on the facility's passage of the on-site inspection by the
45- Texas Department of Licensing and Regulation.
46- SECTION 2. Subchapter B, Chapter 247, Health and Safety
28+ legally binding and must be followed by a person conducting a life
29+ safety code survey under this chapter.
30+ Sec. 247.0264. ACCESSIBILITY STANDARDS. Accessibility
31+ standards of assisted living facilities are governed by the Texas
32+ Commission of Licensing and Regulation in accordance with Chapter
33+ 469, Government Code. The executive commissioner may not adopt
34+ rules governing the accessibility standards of assisted living
35+ facilities.
36+ SECTION 2. The heading to Section 247.027, Health and
37+ Safety Code, is amended to read as follows:
38+ Sec. 247.027. INSPECTIONS; WAIVER.
39+ SECTION 3. Section 247.027, Health and Safety Code, is
40+ amended by adding Subsection (c) to read as follows:
41+ (c) A municipal fire marshal may grant a waiver for a
42+ violation of a life safety requirement or fire safety standard
43+ cited in the commission's final official statement of violations
44+ after an inspection conducted under this section provided the
45+ waiver will not have any adverse effect on the safety of the
46+ residents of the assisted living facilities.
47+ SECTION 4. Subchapter B, Chapter 247, Health and Safety
4748 Code, is amended by adding Section 247.0273 to read as follows:
4849 Sec. 247.0273. LIFE SAFETY CODE. (a) The executive
4950 commissioner by rule shall specify an edition of the Life Safety
5051 Code of the National Fire Protection Association to be used in
5152 establishing the life safety requirements for an assisted living
5253 facility licensed under this chapter.
5354 (b) The rules adopted under Subsection (a) must specify an
5455 edition of the Life Safety Code of the National Fire Protection
55- Association issued on or after August 1, 2011.
56+ Association issued on or after January 1, 2012.
5657 (c) This section expires September 1, 2021.
57- SECTION 3. Subchapter D, Chapter 247, Health and Safety
58+ SECTION 5. Subchapter D, Chapter 247, Health and Safety
5859 Code, is amended by adding Section 247.071 to read as follows:
59- Sec. 247.071. LOCAL APPROVAL OF ASSISTED LIVING FACILITY.
60- (a) In this section, "governmental unit" means a municipality,
61- county, or other political subdivision of the state that has the
62- authority to adopt a building code or fire code.
63- (b) A governmental unit that adopts a building code or fire
64- code governs the interpretation and enforcement of that building
65- code or fire code.
66- (c) The commission may not issue a citation for a violation
67- of a building code or fire code adopted by a governmental unit to an
68- assisted living facility that presents evidence of the governmental
69- unit's determination that the assisted living facility is compliant
70- with the code. If the commission cites an assisted living facility
71- for a building code or fire code violation and the assisted living
72- facility subsequently provides the evidence described by this
73- subsection, the commission shall rescind the citation.
74- (d) Subsection (c) does not restrict the authority of the
75- commission to issue a citation to an assisted living facility for a
76- violation of any National Fire Protection Association codes or
77- standards adopted under this chapter.
78- SECTION 4. As soon as practicable after the effective date
60+ Sec. 247.071. LOCAL CERTIFICATE OF OCCUPANCY. The
61+ commission shall recognize a certificate of occupancy or other
62+ approval issued by a municipality or county indicating that a
63+ structure complies with all building, fire, and health requirements
64+ of the municipality or county, as applicable.
65+ SECTION 6. As soon as practicable after the effective date
7966 of this Act, the executive commissioner of the Health and Human
8067 Services Commission shall adopt the rules necessary to implement
8168 the changes in law made by this Act.
82- SECTION 5. This Act takes effect September 1, 2017.
69+ SECTION 7. This Act takes effect September 1, 2017.