89R12224 LRM-D
By: Reynolds H.B. No. 4250
A BILL TO BE ENTITLED
AN ACT
relating to emergency generators or other power sources for nursing
facilities, assisted living facilities, and certain multiunit
complexes; providing a civil penalty.
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 Sections 242.053 and 242.054 to read as
follows:
Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
(a) Each nursing 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:
(1) an area in the facility of sufficient size to at
all times safely maintain 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
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) A nursing facility must comply with Subsection (a) not
later than September 1, 2026. A facility may submit a request to
the commission for an extension for a period 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. 242.054. GENERATOR INSPECTION. (a) In addition to the
inspections required under Sections 242.043 and 242.044, the
commission shall conduct an annual inspection of each facility's
emergency generator or other power source required by Section
242.053.
(b) The executive commissioner by rule shall prescribe a
checklist for an inspection conducted under this section.
SECTION 2. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Sections 247.073 and 247.074 to read as
follows:
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:
(1) an area in the facility of sufficient size to at
all times safely maintain 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
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 for a period 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.
SECTION 3. Chapter 92, Property Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. EMERGENCY GENERATORS FOR CERTAIN MULTIUNIT COMPLEXES
Sec. 92.371. DEFINITIONS. In this subchapter:
(1) "Authorized resident" means a tenant or an
individual who is authorized by a lease to occupy a dwelling but is
not obligated under the lease to pay rent.
(2) "Landlord" and "multiunit complex" have the
meanings assigned by Section 92.151.
Sec. 92.372. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a multiunit complex with more than 50 units in which at
least 75 percent of the units are occupied by at least one
authorized resident who is 55 years of age or older.
Sec. 92.373. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
(a) The landlord of a multiunit complex to which this subchapter
applies shall ensure the multiunit complex 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 an
area on the premises of the multiunit complex that:
(1) is of sufficient size to maintain safely at all
times authorized residents who are 55 years of age or older; and
(2) is appropriate for the needs of authorized
residents who are 55 years of age or older.
(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.
Sec. 92.374. CIVIL PENALTY. (a) A landlord who violates
Section 92.373 is liable to this state for a civil penalty in an
amount not to exceed $5,000 for each violation. Each day a
violation continues is a separate violation for purposes of
imposing the civil penalty.
(b) The attorney general or the prosecuting attorney in the
county in which the violation occurs may bring an action to recover
the civil penalty imposed under Subsection (a).
(c) The attorney general or the prosecuting attorney in the
county in which the violation occurs, as appropriate, is entitled
to recover reasonable expenses in bringing an action under this
section, including reasonable attorney's fees, court costs, and
investigatory costs.
SECTION 4. 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
Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety
Code, as added by this Act.
SECTION 5. A landlord of a multiunit complex is not required
to comply with Subchapter J, Chapter 92, Property Code, as added by
this Act, before September 1, 2026.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.