85R23119 AJZ-D
By: Klick, et al. H.B. No. 4095
Substitute the following for H.B. No. 4095:
By: Minjarez C.S.H.B. No. 4095
A BILL TO BE ENTITLED
AN ACT
relating to safety requirements of assisted living facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Sections 247.0263 and 247.0264 to read as
follows:
Sec. 247.0263. LIFE SAFETY CODE TECHNICAL MEMORANDUM. (a)
At least twice each year, the commission shall issue a technical
memorandum providing guidance on the interpretation of minimum life
safety code standards prescribed under this chapter and by
commission rule. Any new requirement that relates to an existing
standard must first appear in a technical memorandum.
(b) The commission shall solicit comments from interested
parties and experts to assist in determining which standards need
to be addressed in a technical memorandum issued under this
section.
(c) The commission shall post the technical memorandum on
the commission's Internet website.
(d) A technical memorandum issued under this section is
binding and must be followed by a person conducting a life safety
code survey under this chapter.
(e) This section does not affect the commission's
rulemaking process.
Sec. 247.0264. ACCESSIBILITY STANDARDS. (a) The Texas
Department of Licensing and Regulation governs the interpretation
and enforcement of accessibility standards in assisted living
facilities as provided by Chapter 469, Government Code.
(b) An assisted living facility that during initial
licensing passed an on-site inspection by the Texas Department of
Licensing and Regulation relating to the facility's compliance with
the accessibility standards may not be cited by the commission for a
violation relating to the accessibility standards. If the
commission issues a citation relating to compliance with
accessibility standards to a facility that has not been inspected
by the Texas Department of Licensing and Regulation for compliance
with the accessibility standards, the commission shall rescind the
citation on the facility's passage of the on-site inspection by the
Texas Department of Licensing and Regulation.
SECTION 2. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0273 to read as follows:
Sec. 247.0273. LIFE SAFETY CODE. (a) The executive
commissioner by rule shall specify an edition of the Life Safety
Code of the National Fire Protection Association to be used in
establishing the life safety requirements for an assisted living
facility licensed under this chapter.
(b) The rules adopted under Subsection (a) must specify an
edition of the Life Safety Code of the National Fire Protection
Association issued on or after August 1, 2011.
(c) This section expires September 1, 2021.
SECTION 3. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.071 to read as follows:
Sec. 247.071. LOCAL APPROVAL OF ASSISTED LIVING FACILITY.
(a) In this section, "governmental unit" means a municipality,
county, or other political subdivision of the state that has the
authority to adopt a building code or fire code.
(b) A governmental unit that adopts a building code or fire
code governs the interpretation and enforcement of that building
code or fire code.
(c) The commission may not issue a citation for a violation
of a building code or fire code adopted by a governmental unit to an
assisted living facility that presents evidence of the governmental
unit's determination that the assisted living facility is compliant
with the code. If the commission cites an assisted living facility
for a building code or fire code violation and the assisted living
facility subsequently provides the evidence described by this
subsection, the commission shall rescind the citation.
(d) Subsection (c) does not restrict the authority of the
commission to issue a citation to an assisted living facility for a
violation of any National Fire Protection Association codes or
standards adopted under this chapter.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules necessary to implement
the changes in law made by this Act.
SECTION 5. This Act takes effect September 1, 2017.