88R4067 LRM-F
By: Thompson of Brazoria H.B. No. 795
A BILL TO BE ENTITLED
AN ACT
relating to emergency generators or other power sources for nursing
facilities and assisted living facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Sections 242.053 and 242.054 to read as
follows:
Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
(a) Each nursing facility licensed under this chapter shall ensure
the facility is equipped with an operational emergency generator or
comparable emergency power source and a sufficient amount of fuel
to operate the generator or power source for a minimum of 72 hours
during a power outage in:
(1) an area in the facility of sufficient size to
maintain residents safely at all times and that is appropriate for
resident needs; and
(2) for a nursing facility that maintains an area in
the facility with an installed unit locking device as defined by
commission rule to restrict a resident's ability to exit a unit of
the facility or the facility, a separately powered area in addition
to an area described by Subdivision (1).
(b) An operational emergency generator or comparable
emergency power source required by Subsection (a) may be powered by
any type of fuel, including natural gas.
(c) A nursing facility must comply with Subsection (a) not
later than September 1, 2024. A nursing facility may request from
the commission an extension not to exceed one year to comply in good
faith with Subsection (a). A facility may request not more than two
additional one-year extensions and must separately request each
extension. This subsection expires September 1, 2027.
Sec. 242.054. GENERATOR INSPECTION. In addition to the
inspections required under Sections 242.043 and 242.044, the
commission shall conduct an annual inspection of each facility's
emergency generator or other power source required by Section
242.053. The executive commissioner by rule shall prescribe a
checklist for an inspection conducted under this section.
SECTION 2. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Sections 247.073 and 247.074 to read as
follows:
Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
(a) Each assisted living facility licensed under this chapter
shall ensure the facility is equipped with an operational emergency
generator or comparable emergency power source and a sufficient
amount of fuel to operate the generator or power source for a
minimum of 72 hours during a power outage in:
(1) an area in the facility of sufficient size to
maintain residents safely at all times and that is appropriate for
resident needs; and
(2) for an assisted living facility that maintains an
area in the facility with an installed unit locking device as
defined by commission rule to restrict a resident's ability to exit
a unit of the facility or the facility, a separately powered area in
addition to an area described by Subdivision (1).
(b) An operational emergency generator or comparable
emergency power source required by Subsection (a) may be powered by
any type of fuel, including natural gas.
(c) An assisted living facility must comply with Subsection
(a) not later than September 1, 2024. An assisted living facility
may request from the commission an extension not to exceed one year
to comply in good faith with Subsection (a). A facility may request
not more than two additional one-year extensions and must
separately request each extension. This subsection expires
September 1, 2027.
Sec. 247.074. GENERATOR INSPECTION. In addition to the
inspections required under Sections 247.023(a) and 247.027, the
commission shall conduct an annual inspection of each facility's
emergency generator or other power source required by Section
247.073. The executive commissioner by rule shall prescribe a
checklist for an inspection conducted under this section.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety
Code, as added by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.