89R3896 LRM-D
By: Lalani H.B. No. 1467
A BILL TO BE ENTITLED
AN ACT
relating to emergency preparedness of assisted living facilities
and the health and safety of residents of those facilities;
providing civil and administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.059 to read as follows:
Sec. 418.059. ASSISTED LIVING FACILITY HEALTH AND SAFETY
PLAN DATABASE. (a) In this section:
(1) "Assisted living facility" means a facility
licensed under Chapter 247, Health and Safety Code.
(2) "Health and safety plan" means a health and safety
policy and plan prepared by an assisted living facility under
Section 247.075, Health and Safety Code.
(b) The division shall:
(1) establish, maintain, and annually update a
statewide database of assisted living facilities that includes the
health and safety plan filed by each assisted living facility under
Section 247.075(c), Health and Safety Code; and
(2) make the database accessible to state and local
emergency response and emergency management agencies for the
purpose of coordinating emergency response activities and
emergency management.
(c) The division may impose an administrative penalty on an
assisted living facility that fails to file a health and safety plan
as required by Section 247.075(c), Health and Safety Code, or
violates a rule adopted under this section.
(d) Information in the database is confidential and exempt
from disclosure under Chapter 552.
(e) The division shall prescribe and periodically update a
standard template for an assisted living facility to prepare and
submit a health and safety plan.
(f) The division shall adopt rules as necessary to implement
this section, including rules to:
(1) ensure the protection of sensitive information,
including personal data of residents of assisted living facilities;
and
(2) prescribe the form and manner in which an assisted
living facility may submit a health and safety plan to the division
under Section 247.075(c), Health and Safety Code.
SECTION 2. Chapter 247, Health and Safety Code, is amended
by adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. HEALTH AND SAFETY OF FACILITY RESIDENTS; EMERGENCY
PREPAREDNESS
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 during a
power outage for a minimum of 72 hours in a manner sufficient to
maintain functional electrical outlets to accommodate essential
medical equipment of facility residents, including equipment
necessary for respiratory care, in:
(1) an area in the facility of sufficient size to at
all times safely maintain facility residents as appropriate for
resident needs; and
(2) for a facility that maintains an installed unit
locking device, as defined by commission rule, to restrict a
facility 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, 2026. A facility may submit a
request to the commission for an extension not to exceed one year to
comply in good faith with Subsection (a). A facility may not
request more than two additional one-year extensions and must
separately request each extension. This subsection expires
September 1, 2029.
Sec. 247.074. GENERATOR INSPECTION. (a) 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.
(b) The executive commissioner by rule shall prescribe a
checklist for an inspection conducted under this section.
Sec. 247.075. RESIDENT HEALTH AND SAFETY POLICY AND PLAN.
(a) An assisted living facility shall prepare, maintain, and
annually update a health and safety policy and plan.
(b) A health and safety policy and plan maintained under
this section must include information regarding:
(1) health and safety measures and protocols for
responding to an emergency, including a power outage or disaster as
defined by Section 418.004, Government Code;
(2) medical support services available to facility
residents; and
(3) the emergency power generation capability of the
facility.
(c) An assisted living facility shall:
(1) annually file the health and safety policy and
plan with:
(A) the Texas Division of Emergency Management as
provided by Section 418.059, Government Code, and rules adopted
under that section; and
(B) each local government agency responsible for
providing emergency response services to the facility;
(2) provide the health and safety policy and plan to
each resident of the facility; and
(3) prominently and conspicuously post a written
notice of the health and safety policy and plan in an area of the
facility where the facility posts other facility notices.
Sec. 247.076. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT
COMMUNICATIONS. An assisted living facility may not:
(1) prevent or inhibit a facility resident from or
penalize a facility resident for communicating with a law
enforcement officer, social worker, family member, or other
interested person regarding the health and safety of the facility's
residents; or
(2) prevent a law enforcement officer, court officer,
social worker, family member, or other interested person from
entering a common area of the assisted living facility to conduct a
voluntary interview with a facility resident as part of an
investigation into the health and safety of the facility's
residents or regarding an incident at the facility.
Sec. 247.077. CIVIL PENALTY. An assisted living facility
that violates this subchapter is liable to the state for a civil
penalty of not more than $1,000 for each violation. Each day a
violation continues constitutes a separate violation. The attorney
general may bring an action to collect a civil penalty under this
section at the request of the Health and Human Services Commission
or the Texas Division of Emergency Management.
SECTION 3. (a) Not later than December 31, 2025, the Texas
Division of Emergency Management shall adopt rules for the
implementation of Section 418.059, Government Code, as added by
this Act.
(b) 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 Subchapter D-1,
Health and Safety Code, as added by this Act.
(c) An assisted living facility is not required to comply
with Section 247.075, Health and Safety Code, as added by this Act,
before January 1, 2026.
SECTION 4. This Act takes effect September 1, 2025.