| 1 | 1 | | By: Thierry H.B. No. 2151 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to emergency generators or other power sources in nursing |
|---|
| 7 | 7 | | facilities and assisted living facilities. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter B, Chapter 242, Health and Safety |
|---|
| 10 | 10 | | Code, is amended by adding Section 242.053 to read as follows: |
|---|
| 11 | 11 | | Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
|---|
| 12 | 12 | | Each nursing facility licensed under this chapter shall ensure the |
|---|
| 13 | 13 | | facility is equipped with an operational emergency generator or |
|---|
| 14 | 14 | | comparable emergency power source and a sufficient amount of fuel |
|---|
| 15 | 15 | | to operate the generator or power source and maintain the air |
|---|
| 16 | 16 | | temperature in the facility at not more than 81 degrees Fahrenheit |
|---|
| 17 | 17 | | for a minimum of 72 hours during a power outage. |
|---|
| 18 | 18 | | SECTION 2. Subchapter D, Chapter 247, Health and Safety |
|---|
| 19 | 19 | | Code, is amended by adding Section 247.072 to read as follows: |
|---|
| 20 | 20 | | Sec. 247.072. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
|---|
| 21 | 21 | | Each assisted living facility licensed under this chapter shall |
|---|
| 22 | 22 | | ensure the facility is equipped with an operational emergency |
|---|
| 23 | 23 | | generator or comparable emergency power source and a sufficient |
|---|
| 24 | 24 | | amount of fuel to operate the generator or power source and maintain |
|---|
| 25 | 25 | | the air temperature in the facility at not more than 81 degrees |
|---|
| 26 | 26 | | Fahrenheit for a minimum of 72 hours during a power outage. |
|---|
| 27 | 27 | | SECTION 3. (a) As soon as practicable after the effective |
|---|
| 28 | 28 | | date of this Act, the executive commissioner of the Health and Human |
|---|
| 29 | 29 | | Services Commission shall adopt rules necessary to implement |
|---|
| 30 | 30 | | Sections 242.053 and 247.072, Health and Safety Code, as added by |
|---|
| 31 | 31 | | this Act. |
|---|
| 32 | 32 | | (b) Notwithstanding Sections 242.053 and 247.072, Health |
|---|
| 33 | 33 | | and Safety Code, as added by this Act, a nursing facility or |
|---|
| 34 | 34 | | assisted living facility, as applicable, is not required to comply |
|---|
| 35 | 35 | | with those sections until March 1, 2022. |
|---|
| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2021. |
|---|