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