Texas 2025 - 89th Regular

Texas House Bill HB4250 Compare Versions

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

Old	New	Differences
1	1	89R12224 LRM-D
2	2	By: Reynolds H.B. No. 4250
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to emergency generators or other power sources for nursing
10	10	facilities, assisted living facilities, and certain multiunit
11	11	complexes; providing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 242, Health and Safety
14	14	Code, is amended by adding Sections 242.053 and 242.054 to read as
15	15	follows:
16	16	Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
17	17	(a) Each nursing facility licensed under this chapter shall ensure
18	18	the facility is equipped with an operational emergency generator or
19	19	comparable emergency power source and a sufficient amount of fuel
20	20	to operate the generator or power source during a power outage for a
21	21	minimum of 72 hours in:
22	22	(1) an area in the facility of sufficient size to at
23	23	all times safely maintain residents as appropriate for resident
24	24	needs; and
25	25	(2) for a facility that maintains an installed unit
26	26	locking device, as defined by commission rule, to restrict a
27	27	resident's ability to exit a unit of the facility or the facility, a
28	28	separately powered area in addition to an area described by
29	29	Subdivision (1).
30	30	(b) An operational emergency generator or comparable
31	31	emergency power source required by Subsection (a) may be powered by
32	32	any type of fuel, including natural gas.
33	33	(c) A nursing facility must comply with Subsection (a) not
34	34	later than September 1, 2026. A facility may submit a request to
35	35	the commission for an extension for a period not to exceed one year
36	36	to comply in good faith with Subsection (a). A facility may not
37	37	request more than two additional one-year extensions and must
38	38	separately request each extension. This subsection expires
39	39	September 1, 2029.
40	40	Sec. 242.054. GENERATOR INSPECTION. (a) In addition to the
41	41	inspections required under Sections 242.043 and 242.044, the
42	42	commission shall conduct an annual inspection of each facility's
43	43	emergency generator or other power source required by Section
44	44	242.053.
45	45	(b) The executive commissioner by rule shall prescribe a
46	46	checklist for an inspection conducted under this section.
47	47	SECTION 2. Subchapter D, Chapter 247, Health and Safety
48	48	Code, is amended by adding Sections 247.073 and 247.074 to read as
49	49	follows:
50	50	Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
51	51	(a) Each assisted living facility licensed under this chapter
52	52	shall ensure the facility is equipped with an operational emergency
53	53	generator or comparable emergency power source and a sufficient
54	54	amount of fuel to operate the generator or power source during a
55	55	power outage for a minimum of 72 hours in:
56	56	(1) an area in the facility of sufficient size to at
57	57	all times safely maintain residents as appropriate for resident
58	58	needs; and
59	59	(2) for a facility that maintains an installed unit
60	60	locking device, as defined by commission rule, to restrict a
61	61	resident's ability to exit a unit of the facility or the facility, a
62	62	separately powered area in addition to an area described by
63	63	Subdivision (1).
64	64	(b) An operational emergency generator or comparable
65	65	emergency power source required by Subsection (a) may be powered by
66	66	any type of fuel, including natural gas.
67	67	(c) An assisted living facility must comply with Subsection
68	68	(a) not later than September 1, 2026. A facility may submit a
69	69	request to the commission for an extension for a period not to
70	70	exceed one year to comply in good faith with Subsection (a). A
71	71	facility may not request more than two additional one-year
72	72	extensions and must separately request each extension. This
73	73	subsection expires September 1, 2029.
74	74	Sec. 247.074. GENERATOR INSPECTION. (a) In addition to the
75	75	inspections required under Sections 247.023(a) and 247.027, the
76	76	commission shall conduct an annual inspection of each facility's
77	77	emergency generator or other power source required by Section
78	78	247.073.
79	79	(b) The executive commissioner by rule shall prescribe a
80	80	checklist for an inspection conducted under this section.
81	81	SECTION 3. Chapter 92, Property Code, is amended by adding
82	82	Subchapter J to read as follows:
83	83	SUBCHAPTER J. EMERGENCY GENERATORS FOR CERTAIN MULTIUNIT COMPLEXES
84	84	Sec. 92.371. DEFINITIONS. In this subchapter:
85	85	(1) "Authorized resident" means a tenant or an
86	86	individual who is authorized by a lease to occupy a dwelling but is
87	87	not obligated under the lease to pay rent.
88	88	(2) "Landlord" and "multiunit complex" have the
89	89	meanings assigned by Section 92.151.
90	90	Sec. 92.372. APPLICABILITY OF SUBCHAPTER. This subchapter
91	91	applies to a multiunit complex with more than 50 units in which at
92	92	least 75 percent of the units are occupied by at least one
93	93	authorized resident who is 55 years of age or older.
94	94	Sec. 92.373. EMERGENCY GENERATOR OR OTHER POWER SOURCE.
95	95	(a) The landlord of a multiunit complex to which this subchapter
96	96	applies shall ensure the multiunit complex is equipped with an
97	97	operational emergency generator or comparable emergency power
98	98	source and a sufficient amount of fuel to operate the generator or
99	99	power source during a power outage for a minimum of 72 hours in an
100	100	area on the premises of the multiunit complex that:
101	101	(1) is of sufficient size to maintain safely at all
102	102	times authorized residents who are 55 years of age or older; and
103	103	(2) is appropriate for the needs of authorized
104	104	residents who are 55 years of age or older.
105	105	(b) An operational emergency generator or comparable
106	106	emergency power source required by Subsection (a) may be powered by
107	107	any type of fuel, including natural gas.
108	108	Sec. 92.374. CIVIL PENALTY. (a) A landlord who violates
109	109	Section 92.373 is liable to this state for a civil penalty in an
110	110	amount not to exceed $5,000 for each violation. Each day a
111	111	violation continues is a separate violation for purposes of
112	112	imposing the civil penalty.
113	113	(b) The attorney general or the prosecuting attorney in the
114	114	county in which the violation occurs may bring an action to recover
115	115	the civil penalty imposed under Subsection (a).
116	116	(c) The attorney general or the prosecuting attorney in the
117	117	county in which the violation occurs, as appropriate, is entitled
118	118	to recover reasonable expenses in bringing an action under this
119	119	section, including reasonable attorney's fees, court costs, and
120	120	investigatory costs.
121	121	SECTION 4. As soon as practicable after the effective date
122	122	of this Act, the executive commissioner of the Health and Human
123	123	Services Commission shall adopt rules necessary to implement
124	124	Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety
125	125	Code, as added by this Act.
126	126	SECTION 5. A landlord of a multiunit complex is not required
127	127	to comply with Subchapter J, Chapter 92, Property Code, as added by
128	128	this Act, before September 1, 2026.
129	129	SECTION 6. This Act takes effect immediately if it receives
130	130	a vote of two-thirds of all the members elected to each house, as
131	131	provided by Section 39, Article III, Texas Constitution. If this
132	132	Act does not receive the vote necessary for immediate effect, this
133	133	Act takes effect September 1, 2025.