Texas 2025 - 89th Regular

Texas Senate Bill SB1368 Compare Versions

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

Old	New	Differences
1	1	By: Miles S.B. No. 1368
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to an emergency preparedness and contingency operations
9	9	plan, including temperature regulation, for nursing facility and
10	10	assisted living facility residents during an emergency; providing
11	11	penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter K, Chapter 242, Health and Safety
14	14	Code, is amended by adding Section 242.405 to read as follows:
15	15	Sec. 242.405. EMERGENCY PREPAREDNESS AND CONTINGENCY
16	16	OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:
17	17	(1) "Area of refuge" means a climate-controlled area
18	18	of a nursing facility that is designated for use during a power
19	19	outage or other emergency to provide safety, care, and other
20	20	resources to residents.
21	21	(2) "Bedfast resident" means a resident who is unable
22	22	to transfer out of bed and unable to turn and position themselves in
23	23	bed.
24	24	(b) A nursing facility shall adopt and implement an
25	25	emergency preparedness and contingency operations plan that
26	26	requires the facility to provide in an emergency:
27	27	(1) for each resident other than a bedfast resident, a
28	28	climate-controlled area of refuge with at least 15 square feet per
29	29	resident;
30	30	(2) for each bedfast resident, a climate-controlled
31	31	room; and
32	32	(3) notice to the commission of an unplanned
33	33	interruption or loss for more than 12 hours of electric utility
34	34	service.
35	35	(c) An emergency preparedness and contingency operations
36	36	plan adopted in accordance with this section must require a nursing
37	37	facility to maintain a temperature between 68 and 82 degrees
38	38	Fahrenheit for:
39	39	(1) each area of refuge designated for facility
40	40	residents; and
41	41	(2) each climate-controlled room for bedfast
42	42	residents.
43	43	(d) The executive commissioner shall adopt rules to enforce
44	44	this section.
45	45	(e) A nursing facility shall submit the emergency
46	46	preparedness and contingency operations plan required by this
47	47	section to the commission in the form and manner prescribed by the
48	48	commission.
49	49	(f) A nursing facility shall include in the emergency
50	50	preparedness and contingency operations plan adopted in accordance
51	51	with this section its policies and information on:
52	52	(1) building equipment, including the location of and
53	53	type of on-site generator equipment or backup power source; and
54	54	(2) residents, including residents who are bedfast and
55	55	residents who are dependent on electrically powered equipment.
56	56	(g) The commission shall assess a penalty in accordance with
57	57	Subchapter C against a nursing facility found in violation of this
58	58	section.
59	59	SECTION 2. Subchapter D, Chapter 247, Health and Safety
60	60	Code, is amended by adding Section 247.073 to read as follows:
61	61	Sec. 247.073. EMERGENCY PREPAREDNESS AND CONTINGENCY
62	62	OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:
63	63	(1) "Area of refuge" means a climate-controlled area
64	64	in an assisted living facility that is designated for use during a
65	65	power outage or other emergency to provide safety, care, and other
66	66	resources to residents.
67	67	(2) "Bedfast resident" means an assisted living
68	68	facility resident who is unable to transfer out of bed and unable to
69	69	turn and position themselves in bed.
70	70	(b) An assisted living facility shall adopt and implement an
71	71	emergency preparedness and contingency operations plan that
72	72	requires the facility to provide in an emergency:
73	73	(1) for each assisted living facility resident other
74	74	than a bedfast resident, a climate-controlled area of refuge with
75	75	at least 15 square feet per resident;
76	76	(2) for each bedfast assisted living facility
77	77	resident, a climate-controlled room; and
78	78	(3) notice to the commission of an unplanned
79	79	interruption or loss for more than 12 hours of electric utility
80	80	service.
81	81	(c) An emergency preparedness and contingency operations
82	82	plan adopted in accordance with this section must require an
83	83	assisted living facility to maintain a temperature between 68 and
84	84	82 degrees Fahrenheit for:
85	85	(1) each area of refuge designated for assisted living
86	86	facility residents; and
87	87	(2) each climate-controlled room for bedfast assisted
88	88	living facility residents.
89	89	(d) The executive commissioner shall adopt rules to enforce
90	90	this section.
91	91	(e) The commission shall establish construction and
92	92	licensure standards for assisted living facilities constructed
93	93	after September 1, 2026, including standards for:
94	94	(1) the integration of backup power systems or a
95	95	connection point for a backup power system; and
96	96	(2) the evacuation of assisted living facility
97	97	residents in emergencies to other buildings on the same premises.
98	98	(f) An assisted living facility shall submit the emergency
99	99	preparedness and contingency operations plan required by this
100	100	section to the commission in the form and manner prescribed by the
101	101	commission.
102	102	(g) An assisted living facility shall include in the
103	103	emergency preparedness and contingency operations plan adopted in
104	104	accordance with this section its policies and information on:
105	105	(1) building equipment, including the location of and
106	106	type of on-site generator equipment or backup power source; and
107	107	(2) assisted living facility residents, including
108	108	residents who are bedfast and residents who are dependent on
109	109	electrically powered equipment.
110	110	(h) The commission shall assess a penalty in accordance with
111	111	Subchapter C against an assisted living facility found in violation
112	112	of this section.
113	113	SECTION 3. (a) Not later than January 1, 2026:
114	114	(1) each nursing facility shall adopt and implement an
115	115	emergency preparedness and contingency operations plan as required
116	116	by Section 242.405, Health and Safety Code, as added by this Act;
117	117	and
118	118	(2) each assisted living facility shall adopt and
119	119	implement an emergency preparedness and contingency operations
120	120	plan as required by Section 247.073, Health and Safety Code, as
121	121	added by this Act.
122	122	(b) Notwithstanding Sections 242.405 and 247.073, Health
123	123	and Safety Code, as added by this Act, a nursing facility or
124	124	assisted living facility is not subject to assessment of a penalty
125	125	for a violation of those sections until on or after January 1, 2027.
126	126	SECTION 4. This Act takes effect September 1, 2025.