Texas 2025 - 89th Regular

Texas House Bill HB1467 Compare Versions

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

Old	New	Differences
1	1	89R3896 LRM-D
2	2	By: Lalani H.B. No. 1467
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to emergency preparedness of assisted living facilities
10	10	and the health and safety of residents of those facilities;
11	11	providing civil and administrative penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter C, Chapter 418, Government Code, is
14	14	amended by adding Section 418.059 to read as follows:
15	15	Sec. 418.059. ASSISTED LIVING FACILITY HEALTH AND SAFETY
16	16	PLAN DATABASE. (a) In this section:
17	17	(1) "Assisted living facility" means a facility
18	18	licensed under Chapter 247, Health and Safety Code.
19	19	(2) "Health and safety plan" means a health and safety
20	20	policy and plan prepared by an assisted living facility under
21	21	Section 247.075, Health and Safety Code.
22	22	(b) The division shall:
23	23	(1) establish, maintain, and annually update a
24	24	statewide database of assisted living facilities that includes the
25	25	health and safety plan filed by each assisted living facility under
26	26	Section 247.075(c), Health and Safety Code; and
27	27	(2) make the database accessible to state and local
28	28	emergency response and emergency management agencies for the
29	29	purpose of coordinating emergency response activities and
30	30	emergency management.
31	31	(c) The division may impose an administrative penalty on an
32	32	assisted living facility that fails to file a health and safety plan
33	33	as required by Section 247.075(c), Health and Safety Code, or
34	34	violates a rule adopted under this section.
35	35	(d) Information in the database is confidential and exempt
36	36	from disclosure under Chapter 552.
37	37	(e) The division shall prescribe and periodically update a
38	38	standard template for an assisted living facility to prepare and
39	39	submit a health and safety plan.
40	40	(f) The division shall adopt rules as necessary to implement
41	41	this section, including rules to:
42	42	(1) ensure the protection of sensitive information,
43	43	including personal data of residents of assisted living facilities;
44	44	and
45	45	(2) prescribe the form and manner in which an assisted
46	46	living facility may submit a health and safety plan to the division
47	47	under Section 247.075(c), Health and Safety Code.
48	48	SECTION 2. Chapter 247, Health and Safety Code, is amended
49	49	by adding Subchapter D-1 to read as follows:
50	50	SUBCHAPTER D-1. HEALTH AND SAFETY OF FACILITY RESIDENTS; EMERGENCY
51	51	PREPAREDNESS
52	52	Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
53	53	(a) Each assisted living facility licensed under this chapter
54	54	shall ensure the facility is equipped with an operational emergency
55	55	generator or comparable emergency power source and a sufficient
56	56	amount of fuel to operate the generator or power source during a
57	57	power outage for a minimum of 72 hours in a manner sufficient to
58	58	maintain functional electrical outlets to accommodate essential
59	59	medical equipment of facility residents, including equipment
60	60	necessary for respiratory care, in:
61	61	(1) an area in the facility of sufficient size to at
62	62	all times safely maintain facility residents as appropriate for
63	63	resident needs; and
64	64	(2) for a facility that maintains an installed unit
65	65	locking device, as defined by commission rule, to restrict a
66	66	facility resident's ability to exit a unit of the facility or the
67	67	facility, a separately powered area in addition to an area
68	68	described by Subdivision (1).
69	69	(b) An operational emergency generator or comparable
70	70	emergency power source required by Subsection (a) may be powered by
71	71	any type of fuel, including natural gas.
72	72	(c) An assisted living facility must comply with Subsection
73	73	(a) not later than September 1, 2026. A facility may submit a
74	74	request to the commission for an extension not to exceed one year to
75	75	comply in good faith with Subsection (a). A facility may not
76	76	request more than two additional one-year extensions and must
77	77	separately request each extension. This subsection expires
78	78	September 1, 2029.
79	79	Sec. 247.074. GENERATOR INSPECTION. (a) In addition to the
80	80	inspections required under Sections 247.023(a) and 247.027, the
81	81	commission shall conduct an annual inspection of each facility's
82	82	emergency generator or other power source required by Section
83	83	247.073.
84	84	(b) The executive commissioner by rule shall prescribe a
85	85	checklist for an inspection conducted under this section.
86	86	Sec. 247.075. RESIDENT HEALTH AND SAFETY POLICY AND PLAN.
87	87	(a) An assisted living facility shall prepare, maintain, and
88	88	annually update a health and safety policy and plan.
89	89	(b) A health and safety policy and plan maintained under
90	90	this section must include information regarding:
91	91	(1) health and safety measures and protocols for
92	92	responding to an emergency, including a power outage or disaster as
93	93	defined by Section 418.004, Government Code;
94	94	(2) medical support services available to facility
95	95	residents; and
96	96	(3) the emergency power generation capability of the
97	97	facility.
98	98	(c) An assisted living facility shall:
99	99	(1) annually file the health and safety policy and
100	100	plan with:
101	101	(A) the Texas Division of Emergency Management as
102	102	provided by Section 418.059, Government Code, and rules adopted
103	103	under that section; and
104	104	(B) each local government agency responsible for
105	105	providing emergency response services to the facility;
106	106	(2) provide the health and safety policy and plan to
107	107	each resident of the facility; and
108	108	(3) prominently and conspicuously post a written
109	109	notice of the health and safety policy and plan in an area of the
110	110	facility where the facility posts other facility notices.
111	111	Sec. 247.076. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT
112	112	COMMUNICATIONS. An assisted living facility may not:
113	113	(1) prevent or inhibit a facility resident from or
114	114	penalize a facility resident for communicating with a law
115	115	enforcement officer, social worker, family member, or other
116	116	interested person regarding the health and safety of the facility's
117	117	residents; or
118	118	(2) prevent a law enforcement officer, court officer,
119	119	social worker, family member, or other interested person from
120	120	entering a common area of the assisted living facility to conduct a
121	121	voluntary interview with a facility resident as part of an
122	122	investigation into the health and safety of the facility's
123	123	residents or regarding an incident at the facility.
124	124	Sec. 247.077. CIVIL PENALTY. An assisted living facility
125	125	that violates this subchapter is liable to the state for a civil
126	126	penalty of not more than $1,000 for each violation. Each day a
127	127	violation continues constitutes a separate violation. The attorney
128	128	general may bring an action to collect a civil penalty under this
129	129	section at the request of the Health and Human Services Commission
130	130	or the Texas Division of Emergency Management.
131	131	SECTION 3. (a) Not later than December 31, 2025, the Texas
132	132	Division of Emergency Management shall adopt rules for the
133	133	implementation of Section 418.059, Government Code, as added by
134	134	this Act.
135	135	(b) As soon as practicable after the effective date of this
136	136	Act, the executive commissioner of the Health and Human Services
137	137	Commission shall adopt rules necessary to implement Subchapter D-1,
138	138	Health and Safety Code, as added by this Act.
139	139	(c) An assisted living facility is not required to comply
140	140	with Section 247.075, Health and Safety Code, as added by this Act,
141	141	before January 1, 2026.
142	142	SECTION 4. This Act takes effect September 1, 2025.