85R7581 AJZ-D
By: Uresti S.B. No. 1049
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. The technical memorandum must include guidance
regarding any new standard proposed or adopted by the executive
commissioner under Section 247.026 that is essential to the safety
of the residents of an assisted living facility and not otherwise
required by this chapter.
(b) The commission shall solicit comments from interested
parties and experts to determine any additional minimum standards
that 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
legally binding and must be followed by a person conducting a life
safety code survey under this chapter.
Sec. 247.0264. ACCESSIBILITY STANDARDS. Accessibility
standards of assisted living facilities are governed by the Texas
Commission of Licensing and Regulation in accordance with Chapter
469, Government Code. The executive commissioner may not adopt
rules governing the accessibility standards of assisted living
facilities.
SECTION 2. The heading to Section 247.027, Health and
Safety Code, is amended to read as follows:
Sec. 247.027. INSPECTIONS; WAIVER.
SECTION 3. Section 247.027, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) A municipal fire marshal may grant a waiver for a
violation of a life safety requirement or fire safety standard
cited in the commission's final official statement of violations
after an inspection conducted under this section provided the
waiver will not have any adverse effect on the safety of the
residents of the assisted living facilities.
SECTION 4. 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 January 1, 2012.
(c) This section expires September 1, 2021.
SECTION 5. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.071 to read as follows:
Sec. 247.071. LOCAL CERTIFICATE OF OCCUPANCY. The
commission shall recognize a certificate of occupancy or other
approval issued by a municipality or county indicating that a
structure complies with all building, fire, and health requirements
of the municipality or county, as applicable.
SECTION 6. 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 7. This Act takes effect September 1, 2017.