Nursing Homes Need 72 Hours Of Backup Power

The text as introduced · 706 words

89R378 LRM-F

By: Manuel
H.B. No. 1199

A BILL TO BE ENTITLED

AN ACT

relating to emergency generators or other power sources for nursing

facilities and assisted living facilities.

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 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 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. 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 4. 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.