| 1 | 1 | | 87R12254 JG-D |
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| 2 | 2 | | By: Ramos H.B. No. 4558 |
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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 planning requirements for certain |
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| 8 | 8 | | independent senior living facilities; providing a civil penalty. |
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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. Subtitle B, Title 4, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 260B to read as follows: |
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| 12 | 12 | | CHAPTER 260B. INDEPENDENT SENIOR LIVING FACILITIES |
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| 13 | 13 | | Sec. 260B.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Commission" means the Health and Human Services |
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| 15 | 15 | | Commission. |
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| 16 | 16 | | (2) "Independent senior living facility" means a |
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| 17 | 17 | | residential facility or a portion of a residential facility that |
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| 18 | 18 | | leases separate dwelling units to residents who are generally |
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| 19 | 19 | | required to be 55 years of age or older. |
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| 20 | 20 | | (3) "Resident" means a resident of an independent |
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| 21 | 21 | | senior living facility. |
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| 22 | 22 | | Sec. 260B.002. APPLICABILITY. This chapter applies only to |
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| 23 | 23 | | an independent senior living facility in which not less than 75 |
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| 24 | 24 | | percent of the residents residing in the facility are 70 years of |
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| 25 | 25 | | age or older. |
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| 26 | 26 | | Sec. 260B.003. EMERGENCY PLANNING REQUIREMENTS; REPORTS. |
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| 27 | 27 | | (a) Not later than November 1 of each year, each independent senior |
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| 28 | 28 | | living facility to which this chapter applies shall prepare and |
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| 29 | 29 | | submit to the commission a written report outlining the facility's |
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| 30 | 30 | | emergency plans for energy and water capacity and reliability |
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| 31 | 31 | | during a severe weather storm. |
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| 32 | 32 | | (b) Not later than November 1 of each even-numbered year, |
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| 33 | 33 | | the commission shall provide to the governor, lieutenant governor, |
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| 34 | 34 | | speaker of the house of representatives, and standing committees of |
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| 35 | 35 | | the legislature with primary jurisdiction over urban affairs: |
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| 36 | 36 | | (1) the reports submitted under Subsection (a); and |
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| 37 | 37 | | (2) a summary of the information contained in the |
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| 38 | 38 | | reports. |
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| 39 | 39 | | Sec. 260B.004. CIVIL PENALTY. (a) An independent senior |
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| 40 | 40 | | living facility that fails to submit the report required under |
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| 41 | 41 | | Section 260B.003 is liable for a civil penalty of not more than |
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| 42 | 42 | | $1,000 for each violation. Each day of a continuing violation |
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| 43 | 43 | | constitutes a separate ground for recovery. |
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| 44 | 44 | | (b) On request of the commission, the attorney general may |
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| 45 | 45 | | bring an action in a district court to collect a civil penalty under |
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| 46 | 46 | | this section. The attorney general and the commission may recover |
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| 47 | 47 | | reasonable expenses incurred in obtaining relief under this |
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| 48 | 48 | | section, including court costs, attorney's fees, investigation |
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| 49 | 49 | | costs, witness fees, and deposition expenses. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2021. |
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