Texas 2025 - 89th Regular

Texas House Bill HB2224 Compare Versions

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

Old	New	Differences
1	1	89R10103 LRM-D
2	2	By: Hernandez H.B. No. 2224
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to required emergency generators or other backup power
10	10	sources in certain nursing facilities, assisted living facilities,
11	11	and senior independent living communities; providing civil and
12	12	administrative penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter B, Chapter 242, Health and Safety
15	15	Code, is amended by adding Section 242.053 to read as follows:
16	16	Sec. 242.053. EMERGENCY GENERATOR OR OTHER BACKUP POWER
17	17	SOURCE REQUIRED IN NURSING FACILITIES WITH ELEVATORS. (a) Each
18	18	nursing facility licensed under this chapter that maintains and
19	19	operates an elevator shall install and maintain on the premises of
20	20	each facility building that contains an elevator:
21	21	(1) an operational emergency generator or other backup
22	22	power source with enough capacity to power an elevator in the
23	23	building for a minimum of 48 hours during a power outage; and
24	24	(2) a sufficient fuel supply to power the emergency
25	25	generator or power source for the period described by Subdivision
26	26	(1).
27	27	(b) The commission shall impose an administrative penalty
28	28	in an amount not to exceed $500 against a nursing facility that
29	29	violates Subsection (a). Each month a violation continues is
30	30	considered a separate violation for purposes of imposing the
31	31	administrative penalty under this subsection.
32	32	SECTION 2. Subchapter D, Chapter 247, Health and Safety
33	33	Code, is amended by adding Section 247.073 to read as follows:
34	34	Sec. 247.073. EMERGENCY GENERATOR OR OTHER BACKUP POWER
35	35	SOURCE REQUIRED IN ASSISTED LIVING FACILITIES WITH ELEVATORS. (a)
36	36	Each assisted living facility licensed under this chapter that
37	37	maintains and operates an elevator shall install and maintain on
38	38	the premises of each facility building that contains an elevator:
39	39	(1) an operational emergency generator or backup power
40	40	source with enough capacity to power an elevator in the building for
41	41	a minimum of 48 hours during a power outage; and
42	42	(2) a sufficient fuel supply to power the emergency
43	43	generator or power source for the period described by Subdivision
44	44	(1).
45	45	(b) The commission shall impose an administrative penalty
46	46	in an amount not to exceed $500 against an assisted living facility
47	47	that violates Subsection (a). Each month a violation continues is
48	48	considered a separate violation for purposes of imposing the
49	49	administrative penalty under this subsection.
50	50	SECTION 3. Subtitle B, Title 9, Health and Safety Code, is
51	51	amended by adding Chapter 786 to read as follows:
52	52	CHAPTER 786. EMERGENCY GENERATORS FOR SENIOR INDEPENDENT LIVING
53	53	COMMUNITIES
54	54	Sec. 786.001. DEFINITIONS. In this chapter:
55	55	(1) "Common amenity" means an amenity or service
56	56	offered or provided to residents of a multiunit residential
57	57	community, including:
58	58	(A) concierge services;
59	59	(B) a library;
60	60	(C) common dining services;
61	61	(D) housekeeping services; and
62	62	(E) full-time security.
63	63	(2) "Senior independent living community" means a
64	64	residential community or a portion of a residential community that:
65	65	(A) is intended and operated for occupancy by at
66	66	least one individual 55 years of age or older for each unit;
67	67	(B) contains not fewer than 20 residential units
68	68	in one or more multiunit buildings that are available to occupy; and
69	69	(C) provides common amenities.
70	70	Sec. 786.002. EXEMPTIONS. This chapter does not apply to:
71	71	(1) a health care institution as defined by Section
72	72	74.001, Civil Practice and Remedies Code;
73	73	(2) a boarding home facility as defined by Section
74	74	260.001 that holds a permit issued under Chapter 260;
75	75	(3) a supportive housing facility for elderly
76	76	individuals operated under Section 202, the National Housing Act
77	77	(12 U.S.C. Section 1701q);
78	78	(4) a center for independent living as defined by
79	79	Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
80	80	Section 796a); or
81	81	(5) any other facility that is regulated by the Health
82	82	and Human Services Commission or in accordance with rules adopted
83	83	by the Centers for Medicare and Medicaid Services.
84	84	Sec. 786.003. EMERGENCY GENERATOR OR OTHER BACKUP POWER
85	85	SOURCE REQUIRED IN SENIOR INDEPENDENT LIVING COMMUNITIES WITH
86	86	ELEVATORS. (a) Each senior independent living community that
87	87	maintains and operates an elevator shall install and maintain on
88	88	the premises of each building in the community that contains an
89	89	elevator:
90	90	(1) an operational emergency generator or backup power
91	91	source with enough capacity to power an elevator in the building for
92	92	a minimum of 48 hours during a power outage; and
93	93	(2) a sufficient fuel supply to power the emergency
94	94	generator or power source for the period described by Subdivision
95	95	(1).
96	96	(b) A senior independent living community that violates
97	97	Subsection (a) is liable for a civil penalty of not more than $1,000
98	98	for each violation. Each month a violation continues is considered
99	99	a separate violation for purposes of assessing the civil penalty.
100	100	(c) The attorney general may bring suit to recover the civil
101	101	penalty authorized by Subsection (b).
102	102	SECTION 4. (a) A nursing facility is not required to
103	103	comply with Section 242.053, Health and Safety Code, as added by
104	104	this Act, before March 1, 2026.
105	105	(b) An assisted living facility is not required to comply
106	106	with Section 247.073, Health and Safety Code, as added by this Act,
107	107	before March 1, 2026.
108	108	(c) A senior independent living community is not required to
109	109	comply with Chapter 786, Health and Safety Code, as added by this
110	110	Act, before March 1, 2026.
111	111	SECTION 5. This Act takes effect September 1, 2025.