Texas 2025 - 89th Regular

Texas House Bill HB3595 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R21642 LRM-D
2	1		By: Barry H.B. No. 3595
3		-	Substitute the following for H.B. No. 3595:
4		-	By: Hull C.S.H.B. No. 3595
5	2
6	3
7	4
8	5
9	6		A BILL TO BE ENTITLED
10	7		AN ACT
11	8		relating to an emergency preparedness and contingency operations
12	9		plan, including temperature regulation, for assisted living
13	10		facility residents during an emergency; providing penalties.
14	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	12		SECTION 1. Subchapter D, Chapter 247, Health and Safety
16	13		Code, is amended by adding Section 247.073 to read as follows:
17	14		Sec. 247.073. EMERGENCY PREPAREDNESS AND CONTINGENCY
18	15		OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:
19	16		(1) "Area of refuge" means a climate-controlled area
20		-	in an assisted living facility that is designated for use during a
21		-	power outage, or other emergency that does not require the
22		-	evacuation of the entire facility, to provide safety, care, and
23		-	other resources to residents.
24		-	(2) "Bedfast resident" means an assisted living
25		-	facility resident who:
26		-	(A) is unable to transfer out of bed and unable to
27		-	turn and position themselves in bed; and
28		-	(B) is unable to be transported by another person
29		-	during an emergency.
	17	+	in an assisted living facility that is designated for use when
	18	+	sheltering in place during a power outage or other emergency to
	19	+	provide safety, care, and other resources to residents.
30	20		(b) An assisted living facility shall adopt and implement an
31	21		emergency preparedness and contingency operations plan that
32		-	requires the facility to provide in the event of a power outage:
33		-	(1) for each assisted living facility resident other
34		-	than a bedfast resident, a climate-controlled area of refuge with
35		-	at least 15 square feet per resident;
36		-	(2) for each bedfast resident, a climate-controlled
37		-	room; and
38		-	(3) notice to the commission of an unplanned
	22	+	requires the facility to provide in a power outage:
	23	+	(1) for each assisted living facility resident a
	24	+	climate-controlled area of refuge with at least 15 square feet per
	25	+	resident; and
	26	+	(2) notice to the commission of an unplanned
39	27		interruption or loss for more than 12 hours of electric utility
40	28		service.
41	29		(c) An emergency preparedness and contingency operations
42	30		plan adopted in accordance with this section must require an
43	31		assisted living facility to maintain a temperature between 68 and
44		-	82 degrees Fahrenheit for:
45		-	(1) each area of refuge designated for assisted living
46		-	facility residents; and
47		-	(2) each climate-controlled room for bedfast
48		-	residents.
	32	+	82 degrees Fahrenheit for each area of refuge designated for
	33	+	assisted living facility residents.
49	34		(d) The executive commissioner shall adopt rules to enforce
50	35		this section.
51	36		(e) The commission shall establish construction and
52		-	licensure standards for assisted living facilities, including
53		-	standards for:
54		-	(1) backup power systems, such as the integration of
55		-	multiple backup power sources or the use of a generator connection
56		-	box to connect a building of the facility to a backup power source;
57		-	and
	37	+	licensure standards for assisted living facilities constructed
	38	+	after September 1, 2026, including standards for:
	39	+	(1) the integration of backup power systems or a
	40	+	connection point for a backup power system; or
58	41		(2) the evacuation of assisted living facility
59		-	residents to an area of refuge or climate-controlled room, as
60		-	applicable, in emergencies.
	42	+	residents in emergencies to other buildings on the same premises
	43	+	which have a back up power system or a connection point for a
	44	+	portable back up power system.
61	45		(f) An assisted living facility shall submit the emergency
62	46		preparedness and contingency operations plan required by this
63	47		section to the commission in the form and manner prescribed by the
64	48		commission.
65	49		(g) An assisted living facility shall include in the
66	50		emergency preparedness and contingency operations plan adopted in
67	51		accordance with this section its policies and information on:
68	52		(1) building equipment, if any, including the location
69	53		of and type of on-site generator equipment or backup power source;
70	54		and
71	55		(2) assisted living facility residents, including
72		-	bedfast residents and residents who are dependent on electrically
73		-	powered medical equipment.
74		-	(h) On request, an assisted living facility shall provide a
75		-	summary of the facility's emergency preparedness and contingency
76		-	operations plan adopted in accordance with this section to a
77		-	facility resident or a resident's family member.
78		-	(i) The commission may assess a penalty in accordance with
79		-	Subchapter C against an assisted living facility found in violation
80		-	of this section.
81		-	SECTION 2. (a) Not later than January 1, 2026, each assisted
82		-	living facility shall adopt and implement an emergency preparedness
83		-	and contingency operations plan as required by Section 247.073,
84		-	Health and Safety Code, as added by this Act.
85		-	(b) Notwithstanding Section 247.073(e), Health and Safety
86		-	Code, as added by this Act, an assisted living facility is not
87		-	required to comply with the construction and licensure standards
88		-	established under that subsection before the later of:
89		-	(1) the first date that the assisted living facility
90		-	is issued a new or renewal license under Chapter 247, Health and
91		-	Safety Code, on or after September 1, 2026; or
92		-	(2) January 1, 2027.
93		-	SECTION 3. This Act takes effect September 1, 2025.
	56	+	residents who are medically-dependent on electrically powered
	57	+	equipment.
	58	+	(h) a summary of an emergency preparedness and contingency
	59	+	operations plan that addresses sheltering in place shall be made
	60	+	available to residents and their families.
	61	+	(g) Each assisted living facility shall post signs in
	62	+	conspicuous locations within the facility that include information
	63	+	regarding:
	64	+	(1) the location of the area of refuge on the premises
	65	+	of the facility and directions to that location;
	66	+	(2) the contact information of the facility's
	67	+	designated emergency contact; and
	68	+	(3) emergency procedures for employees and residents
	69	+	of the facility.
	70	+	SECTION 3. (a) Not later than January 1, 2026, each
	71	+	assisted living facility shall adopt and implement an emergency
	72	+	preparedness and contingency operations plan as required by Section
	73	+	247.073, Health and Safety Code, as added by this Act.
	74	+	(b) Notwithstanding Sections 242.405 and 247.073, Health
	75	+	and Safety Code, as added by this Act, an assisted living facility
	76	+	is not subject to assessment of a penalty for a violation of those
	77	+	sections until on or after January 1, 2027.
	78	+	SECTION 4. This Act takes effect September 1, 2025.