bill requiring generators at assisted living facilities

The text as introduced · 1,109 words

89R3896 LRM-D

By: Lalani
H.B. No. 1467

A BILL TO BE ENTITLED

AN ACT

relating to emergency preparedness of assisted living facilities

and the health and safety of residents of those facilities;

providing civil and administrative penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 418, Government Code, is

amended by adding Section 418.059 to read as follows:

Sec. 418.059. ASSISTED LIVING FACILITY HEALTH AND SAFETY

PLAN DATABASE. (a) In this section:

(1) "Assisted living facility" means a facility

licensed under Chapter 247, Health and Safety Code.

(2) "Health and safety plan" means a health and safety

policy and plan prepared by an assisted living facility under

Section 247.075, Health and Safety Code.

(b) The division shall:

(1) establish, maintain, and annually update a

statewide database of assisted living facilities that includes the

health and safety plan filed by each assisted living facility under

Section 247.075(c), Health and Safety Code; and

(2) make the database accessible to state and local

emergency response and emergency management agencies for the

purpose of coordinating emergency response activities and

emergency management.

(c) The division may impose an administrative penalty on an

assisted living facility that fails to file a health and safety plan

as required by Section 247.075(c), Health and Safety Code, or

violates a rule adopted under this section.

(d) Information in the database is confidential and exempt

from disclosure under Chapter 552.

(e) The division shall prescribe and periodically update a

standard template for an assisted living facility to prepare and

submit a health and safety plan.

(f) The division shall adopt rules as necessary to implement

this section, including rules to:

(1) ensure the protection of sensitive information,

including personal data of residents of assisted living facilities;

and

(2) prescribe the form and manner in which an assisted

living facility may submit a health and safety plan to the division

under Section 247.075(c), Health and Safety Code.

SECTION 2. Chapter 247, Health and Safety Code, is amended

by adding Subchapter D-1 to read as follows:

SUBCHAPTER D-1. HEALTH AND SAFETY OF FACILITY RESIDENTS; EMERGENCY

PREPAREDNESS

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 a manner sufficient to

maintain functional electrical outlets to accommodate essential

medical equipment of facility residents, including equipment

necessary for respiratory care, in:

(1) an area in the facility of sufficient size to at

all times safely maintain facility 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

facility 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.

Sec. 247.075. RESIDENT HEALTH AND SAFETY POLICY AND PLAN.

(a) An assisted living facility shall prepare, maintain, and

annually update a health and safety policy and plan.

(b) A health and safety policy and plan maintained under

this section must include information regarding:

(1) health and safety measures and protocols for

responding to an emergency, including a power outage or disaster as

defined by Section 418.004, Government Code;

(2) medical support services available to facility

residents; and

(3) the emergency power generation capability of the

facility.

(c) An assisted living facility shall:

(1) annually file the health and safety policy and

plan with:

(A) the Texas Division of Emergency Management as

provided by Section 418.059, Government Code, and rules adopted

under that section; and

(B) each local government agency responsible for

providing emergency response services to the facility;

(2) provide the health and safety policy and plan to

each resident of the facility; and

(3) prominently and conspicuously post a written

notice of the health and safety policy and plan in an area of the

facility where the facility posts other facility notices.

Sec. 247.076. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT

COMMUNICATIONS. An assisted living facility may not:

(1) prevent or inhibit a facility resident from or

penalize a facility resident for communicating with a law

enforcement officer, social worker, family member, or other

interested person regarding the health and safety of the facility's

residents; or

(2) prevent a law enforcement officer, court officer,

social worker, family member, or other interested person from

entering a common area of the assisted living facility to conduct a

voluntary interview with a facility resident as part of an

investigation into the health and safety of the facility's

residents or regarding an incident at the facility.

Sec. 247.077. CIVIL PENALTY. An assisted living facility

that violates this subchapter is liable to the state for a civil

penalty of not more than $1,000 for each violation. Each day a

violation continues constitutes a separate violation. The attorney

general may bring an action to collect a civil penalty under this

section at the request of the Health and Human Services Commission

or the Texas Division of Emergency Management.

SECTION 3. (a) Not later than December 31, 2025, the Texas

Division of Emergency Management shall adopt rules for the

implementation of Section 418.059, Government Code, as added by

this Act.

(b) 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 Subchapter D-1,

Health and Safety Code, as added by this Act.

(c) An assisted living facility is not required to comply

with Section 247.075, Health and Safety Code, as added by this Act,

before January 1, 2026.

SECTION 4. This Act takes effect September 1, 2025.