| 1 | 1 | | 89R8966 LRM-D |
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| 2 | 2 | | By: Miles S.B. No. 1139 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the operability of elevators and related equipment |
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| 10 | 10 | | following a power outage at a senior independent living community; |
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| 11 | 11 | | authorizing an administrative penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 754, Health and Safety Code, is amended |
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| 14 | 14 | | by adding Section 754.0142 to read as follows: |
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| 15 | 15 | | Sec. 754.0142. EQUIPMENT OPERABILITY FOLLOWING POWER |
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| 16 | 16 | | OUTAGE AT SENIOR INDEPENDENT LIVING COMMUNITY. (a) In this |
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| 17 | 17 | | section, "senior independent living community" means a multifamily |
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| 18 | 18 | | residential facility occupied by or intended for occupancy by |
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| 19 | 19 | | residents who are 55 years of age or older. |
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| 20 | 20 | | (b) A senior independent living community that operates |
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| 21 | 21 | | equipment subject to this chapter shall contract with an outside |
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| 22 | 22 | | vendor to maintain the equipment's operability within 72 hours of |
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| 23 | 23 | | the time a power outage begins. |
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| 24 | 24 | | (c) The department shall assess an administrative penalty |
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| 25 | 25 | | in accordance with Subchapter F, Chapter 51, Occupations Code, |
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| 26 | 26 | | against a senior independent living community found in violation of |
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| 27 | 27 | | this section. Notwithstanding Section 51.302, Occupations Code, |
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| 28 | 28 | | the amount of the administrative penalty imposed under this section |
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| 29 | 29 | | may not exceed: |
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| 30 | 30 | | (1) $1,000 per day for the first five days of |
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| 31 | 31 | | noncompliance; and |
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| 32 | 32 | | (2) $5,000 per day for each day of noncompliance after |
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| 33 | 33 | | the initial five days of noncompliance. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2025. |
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