| 1 | 1 | | 87R12029 TYPED |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 2325 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to emergency generators or other power sources in nursing |
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| 8 | 8 | | facilities and assisted living facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 242, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 242.053 to read as follows: |
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| 12 | 12 | | Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
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| 13 | 13 | | Each nursing facility licensed under this chapter shall ensure the |
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| 14 | 14 | | facility is equipped with an operational emergency generator or |
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| 15 | 15 | | comparable emergency power source and a sufficient amount of fuel |
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| 16 | 16 | | to operate the generator or power source and maintain the air |
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| 17 | 17 | | temperature in the facility at not less than 68 degrees and not more |
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| 18 | 18 | | than 81 degrees Fahrenheit for a minimum of 72 hours during a power |
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| 19 | 19 | | outage. |
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| 20 | 20 | | SECTION 2. Subchapter D, Chapter 247, Health and Safety |
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| 21 | 21 | | Code, is amended by adding Section 247.072 to read as follows: |
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| 22 | 22 | | Sec. 247.072. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
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| 23 | 23 | | Each assisted living facility licensed under this chapter shall |
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| 24 | 24 | | ensure the facility is equipped with an operational emergency |
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| 25 | 25 | | generator or comparable emergency power source and a sufficient |
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| 26 | 26 | | amount of fuel to operate the generator or power source and maintain |
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| 27 | 27 | | the air temperature in the facility at not less than 68 degrees and |
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| 28 | 28 | | not more than 81 degrees Fahrenheit for a minimum of 72 hours during |
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| 29 | 29 | | a power outage. |
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| 30 | 30 | | SECTION 3. As soon as practicable after the effective date |
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| 31 | 31 | | of this Act, the executive commissioner of the Health and Human |
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| 32 | 32 | | Services Commission shall adopt rules necessary to implement |
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| 33 | 33 | | Sections 242.053 and 247.072, Health and Safety Code, as added by |
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| 34 | 34 | | this Act. |
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| 35 | 35 | | SECTION 4. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2021. |
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