Texas 2025 - 89th Regular

Texas House Bill HB1199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R378 LRM-F
2	2	By: Manuel H.B. No. 1199
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to emergency generators or other power sources for nursing
10	10	facilities and assisted living facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 242, Health and Safety
13	13	Code, is amended by adding Sections 242.053 and 242.054 to read as
14	14	follows:
15	15	Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
16	16	(a) Each nursing facility licensed under this chapter shall ensure
17	17	the facility is equipped with an operational emergency generator or
18	18	comparable emergency power source and a sufficient amount of fuel
19	19	to operate the generator or power source during a power outage for a
20	20	minimum of 72 hours in:
21	21	(1) an area in the facility of sufficient size to at
22	22	all times safely maintain residents as appropriate for resident
23	23	needs; and
24	24	(2) for a facility that maintains an installed unit
25	25	locking device, as defined by commission rule, to restrict a
26	26	resident's ability to exit a unit of the facility or the facility, a
27	27	separately powered area in addition to an area described by
28	28	Subdivision (1).
29	29	(b) An operational emergency generator or comparable
30	30	emergency power source required by Subsection (a) may be powered by
31	31	any type of fuel, including natural gas.
32	32	(c) A nursing facility must comply with Subsection (a) not
33	33	later than September 1, 2026. A facility may submit a request to
34	34	the commission for an extension not to exceed one year to comply in
35	35	good faith with Subsection (a). A facility may not request more
36	36	than two additional one-year extensions and must separately request
37	37	each extension. This subsection expires September 1, 2029.
38	38	Sec. 242.054. GENERATOR INSPECTION. (a) In addition to the
39	39	inspections required under Sections 242.043 and 242.044, the
40	40	commission shall conduct an annual inspection of each facility's
41	41	emergency generator or other power source required by Section
42	42	242.053.
43	43	(b) The executive commissioner by rule shall prescribe a
44	44	checklist for an inspection conducted under this section.
45	45	SECTION 2. Subchapter D, Chapter 247, Health and Safety
46	46	Code, is amended by adding Sections 247.073 and 247.074 to read as
47	47	follows:
48	48	Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
49	49	(a) Each assisted living facility licensed under this chapter
50	50	shall ensure the facility is equipped with an operational emergency
51	51	generator or comparable emergency power source and a sufficient
52	52	amount of fuel to operate the generator or power source during a
53	53	power outage for a minimum of 72 hours in:
54	54	(1) an area in the facility of sufficient size to at
55	55	all times safely maintain residents as appropriate for resident
56	56	needs; and
57	57	(2) for a facility that maintains an installed unit
58	58	locking device, as defined by commission rule, to restrict a
59	59	resident's ability to exit a unit of the facility or the facility, a
60	60	separately powered area in addition to an area described by
61	61	Subdivision (1).
62	62	(b) An operational emergency generator or comparable
63	63	emergency power source required by Subsection (a) may be powered by
64	64	any type of fuel, including natural gas.
65	65	(c) An assisted living facility must comply with Subsection
66	66	(a) not later than September 1, 2026. A facility may submit a
67	67	request to the commission for an extension not to exceed one year to
68	68	comply in good faith with Subsection (a). A facility may not
69	69	request more than two additional one-year extensions and must
70	70	separately request each extension. This subsection expires
71	71	September 1, 2029.
72	72	Sec. 247.074. GENERATOR INSPECTION. (a) In addition to the
73	73	inspections required under Sections 247.023(a) and 247.027, the
74	74	commission shall conduct an annual inspection of each facility's
75	75	emergency generator or other power source required by Section
76	76	247.073.
77	77	(b) The executive commissioner by rule shall prescribe a
78	78	checklist for an inspection conducted under this section.
79	79	SECTION 3. As soon as practicable after the effective date
80	80	of this Act, the executive commissioner of the Health and Human
81	81	Services Commission shall adopt rules necessary to implement
82	82	Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety
83	83	Code, as added by this Act.
84	84	SECTION 4. This Act takes effect immediately if it receives
85	85	a vote of two-thirds of all the members elected to each house, as
86	86	provided by Section 39, Article III, Texas Constitution. If this
87	87	Act does not receive the vote necessary for immediate effect, this
88	88	Act takes effect September 1, 2025.