89R5954 LRM-D
By: Hernandez H.B. No. 2218
A BILL TO BE ENTITLED
AN ACT
relating to required emergency generators or other backup power
sources in certain nursing facilities, assisted living facilities,
and senior independent living communities; providing civil
penalties.
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 Section 242.053 to read as follows:
Sec. 242.053. EMERGENCY GENERATOR OR OTHER BACKUP POWER
SOURCE REQUIRED IN NURSING FACILITIES WITH ELEVATORS. (a) Each
nursing facility licensed under this chapter that maintains and
operates an elevator shall install and maintain on the premises of
each facility building that contains an elevator:
(1) an operational emergency generator or other backup
power source with enough capacity to power an elevator in the
building for a minimum of 48 hours during a power outage; and
(2) a sufficient fuel supply to power the emergency
generator or power source for the period described by Subdivision
(1).
(b) A nursing facility that violates Subsection (a) is
liable for a civil penalty of not more than $500 for each violation.
Each month a violation continues is considered a separate violation
for purposes of assessing the civil penalty.
(c) The attorney general may bring suit to recover the civil
penalty authorized by Subsection (b).
SECTION 2. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.073 to read as follows:
Sec. 247.073. EMERGENCY GENERATOR OR OTHER BACKUP POWER
SOURCE REQUIRED IN ASSISTED LIVING FACILITIES WITH ELEVATORS. (a)
Each assisted living facility licensed under this chapter that
maintains and operates an elevator shall install and maintain on
the premises of each facility building that contains an elevator:
(1) an operational emergency generator or backup power
source with enough capacity to power an elevator in the building for
a minimum of 48 hours during a power outage; and
(2) a sufficient fuel supply to power the emergency
generator or power source for the period described by Subdivision
(1).
(b) An assisted living facility that violates Subsection
(a) is liable for a civil penalty of not more than $500 for each
violation. Each month a violation continues is considered a
separate violation for purposes of assessing the civil penalty.
(c) The attorney general may bring suit to recover the civil
penalty authorized by Subsection (b).
SECTION 3. Subtitle B, Title 9, Health and Safety Code, is
amended by adding Chapter 786 to read as follows:
CHAPTER 786. EMERGENCY GENERATORS FOR SENIOR INDEPENDENT LIVING
COMMUNITIES
Sec. 786.001. DEFINITIONS. In this chapter:
(1) "Common amenity" means an amenity or service
offered or provided to residents of a multiunit residential
community, including:
(A) concierge services;
(B) a library;
(C) common dining services;
(D) housekeeping services; and
(E) full-time security.
(2) "Senior independent living community" means a
residential community or a portion of a residential community that:
(A) is intended and operated for occupancy by at
least one individual 55 years of age or older for each unit;
(B) contains not fewer than 20 residential units
in one or more multiunit buildings that are available to occupy; and
(C) provides common amenities.
Sec. 786.002. EXEMPTIONS. This chapter does not apply to:
(1) a health care institution as defined by Section
74.001, Civil Practice and Remedies Code;
(2) a boarding home facility as defined by Section
260.001 that holds a permit issued under Chapter 260;
(3) a supportive housing facility for elderly
individuals operated under Section 202, the National Housing Act
(12 U.S.C. Section 1701q);
(4) a center for independent living as defined by
Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
Section 796a); or
(5) any other facility that is regulated by the Health
and Human Services Commission or in accordance with rules adopted
by the Centers for Medicare and Medicaid Services.
Sec. 786.003. EMERGENCY GENERATOR OR OTHER BACKUP POWER
SOURCE REQUIRED IN SENIOR INDEPENDENT LIVING COMMUNITIES WITH
ELEVATORS. (a) Each senior independent living community that
maintains and operates an elevator shall install and maintain on
the premises of each building in the community that contains an
elevator:
(1) an operational emergency generator or backup power
source with enough capacity to power an elevator in the building for
a minimum of 48 hours during a power outage; and
(2) a sufficient fuel supply to power the emergency
generator or power source for the period described by Subdivision
(1).
(b) A senior independent living community that violates
Subsection (a) is liable for a civil penalty of not more than $1,000
for each violation. Each month a violation continues is considered
a separate violation for purposes of assessing the civil penalty.
(c) The attorney general may bring suit to recover the civil
penalty authorized by Subsection (b).
SECTION 4. (a) A nursing facility is not required to
comply with Section 242.053, Health and Safety Code, as added by
this Act, before March 1, 2026.
(b) An assisted living facility is not required to comply
with Section 247.073, Health and Safety Code, as added by this Act,
before March 1, 2026.
(c) A senior independent living community is not required to
comply with Chapter 786, Health and Safety Code, as added by this
Act, before March 1, 2026.
SECTION 5. This Act takes effect September 1, 2025.