Texas 2023 - 88th Regular

Texas House Bill HB795 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R4067 LRM-F
2	2	By: Thompson of Brazoria H.B. No. 795
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to emergency generators or other power sources for nursing
8	8	facilities and assisted living facilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 242, Health and Safety
11	11	Code, is amended by adding Sections 242.053 and 242.054 to read as
12	12	follows:
13	13	Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
14	14	(a) Each nursing facility licensed under this chapter shall ensure
15	15	the facility is equipped with an operational emergency generator or
16	16	comparable emergency power source and a sufficient amount of fuel
17	17	to operate the generator or power source for a minimum of 72 hours
18	18	during a power outage in:
19	19	(1) an area in the facility of sufficient size to
20	20	maintain residents safely at all times and that is appropriate for
21	21	resident needs; and
22	22	(2) for a nursing facility that maintains an area in
23	23	the facility with an installed unit locking device as defined by
24	24	commission rule to restrict a resident's ability to exit a unit of
25	25	the facility or the facility, a separately powered area in addition
26	26	to an area described by Subdivision (1).
27	27	(b) An operational emergency generator or comparable
28	28	emergency power source required by Subsection (a) may be powered by
29	29	any type of fuel, including natural gas.
30	30	(c) A nursing facility must comply with Subsection (a) not
31	31	later than September 1, 2024. A nursing facility may request from
32	32	the commission an extension not to exceed one year to comply in good
33	33	faith with Subsection (a). A facility may request not more than two
34	34	additional one-year extensions and must separately request each
35	35	extension. This subsection expires September 1, 2027.
36	36	Sec. 242.054. GENERATOR INSPECTION. In addition to the
37	37	inspections required under Sections 242.043 and 242.044, the
38	38	commission shall conduct an annual inspection of each facility's
39	39	emergency generator or other power source required by Section
40	40	242.053. The executive commissioner by rule shall prescribe a
41	41	checklist for an inspection conducted under this section.
42	42	SECTION 2. Subchapter D, Chapter 247, Health and Safety
43	43	Code, is amended by adding Sections 247.073 and 247.074 to read as
44	44	follows:
45	45	Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
46	46	(a) Each assisted living facility licensed under this chapter
47	47	shall ensure the facility is equipped with an operational emergency
48	48	generator or comparable emergency power source and a sufficient
49	49	amount of fuel to operate the generator or power source for a
50	50	minimum of 72 hours during a power outage in:
51	51	(1) an area in the facility of sufficient size to
52	52	maintain residents safely at all times and that is appropriate for
53	53	resident needs; and
54	54	(2) for an assisted living facility that maintains an
55	55	area in the facility with an installed unit locking device as
56	56	defined by commission rule to restrict a resident's ability to exit
57	57	a unit of the facility or the facility, a separately powered area in
58	58	addition to an area described by Subdivision (1).
59	59	(b) An operational emergency generator or comparable
60	60	emergency power source required by Subsection (a) may be powered by
61	61	any type of fuel, including natural gas.
62	62	(c) An assisted living facility must comply with Subsection
63	63	(a) not later than September 1, 2024. An assisted living facility
64	64	may request from the commission an extension not to exceed one year
65	65	to comply in good faith with Subsection (a). A facility may request
66	66	not more than two additional one-year extensions and must
67	67	separately request each extension. This subsection expires
68	68	September 1, 2027.
69	69	Sec. 247.074. GENERATOR INSPECTION. In addition to the
70	70	inspections required under Sections 247.023(a) and 247.027, the
71	71	commission shall conduct an annual inspection of each facility's
72	72	emergency generator or other power source required by Section
73	73	247.073. The executive commissioner by rule shall prescribe a
74	74	checklist for an inspection conducted under this section.
75	75	SECTION 3. As soon as practicable after the effective date
76	76	of this Act, the executive commissioner of the Health and Human
77	77	Services Commission shall adopt rules necessary to implement
78	78	Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety
79	79	Code, as added by this Act.
80	80	SECTION 4. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2023.