87R12254 JG-D
By: Ramos H.B. No. 4558
A BILL TO BE ENTITLED
AN ACT
relating to emergency planning requirements for certain
independent senior living facilities; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 260B to read as follows:
CHAPTER 260B. INDEPENDENT SENIOR LIVING FACILITIES
Sec. 260B.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Independent senior living facility" means a
residential facility or a portion of a residential facility that
leases separate dwelling units to residents who are generally
required to be 55 years of age or older.
(3) "Resident" means a resident of an independent
senior living facility.
Sec. 260B.002. APPLICABILITY. This chapter applies only to
an independent senior living facility in which not less than 75
percent of the residents residing in the facility are 70 years of
age or older.
Sec. 260B.003. EMERGENCY PLANNING REQUIREMENTS; REPORTS.
(a) Not later than November 1 of each year, each independent senior
living facility to which this chapter applies shall prepare and
submit to the commission a written report outlining the facility's
emergency plans for energy and water capacity and reliability
during a severe weather storm.
(b) Not later than November 1 of each even-numbered year,
the commission shall provide to the governor, lieutenant governor,
speaker of the house of representatives, and standing committees of
the legislature with primary jurisdiction over urban affairs:
(1) the reports submitted under Subsection (a); and
(2) a summary of the information contained in the
reports.
Sec. 260B.004. CIVIL PENALTY. (a) An independent senior
living facility that fails to submit the report required under
Section 260B.003 is liable for a civil penalty of not more than
$1,000 for each violation. Each day of a continuing violation
constitutes a separate ground for recovery.
(b) On request of the commission, the attorney general may
bring an action in a district court to collect a civil penalty under
this section. The attorney general and the commission may recover
reasonable expenses incurred in obtaining relief under this
section, including court costs, attorney's fees, investigation
costs, witness fees, and deposition expenses.
SECTION 2. This Act takes effect September 1, 2021.