backup power for elevators in senior facilities, 48 hours

The text as introduced · 880 words

89R5954 LRM-D

By: Hernandez
H.B. No. 2218

A BILL TO BE ENTITLED

AN ACT

relating to required emergency generators or other backup power

sources in certain nursing facilities, assisted living facilities,

and senior independent living communities; providing civil

penalties.

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 Section 242.053 to read as follows:

Sec. 242.053. EMERGENCY GENERATOR OR OTHER BACKUP POWER

SOURCE REQUIRED IN NURSING FACILITIES WITH ELEVATORS. (a) Each

nursing facility licensed under this chapter that maintains and

operates an elevator shall install and maintain on the premises of

each facility building that contains an elevator:

(1) an operational emergency generator or other backup

power source with enough capacity to power an elevator in the

building for a minimum of 48 hours during a power outage; and

(2) a sufficient fuel supply to power the emergency

generator or power source for the period described by Subdivision

(1).

(b) A nursing facility that violates Subsection (a) is

liable for a civil penalty of not more than $500 for each violation.

Each month a violation continues is considered a separate violation

for purposes of assessing the civil penalty.

(c) The attorney general may bring suit to recover the civil

penalty authorized by Subsection (b).

SECTION 2. Subchapter D, Chapter 247, Health and Safety

Code, is amended by adding Section 247.073 to read as follows:

Sec. 247.073. EMERGENCY GENERATOR OR OTHER BACKUP POWER

SOURCE REQUIRED IN ASSISTED LIVING FACILITIES WITH ELEVATORS. (a)

Each assisted living facility licensed under this chapter that

maintains and operates an elevator shall install and maintain on

the premises of each facility building that contains an elevator:

(1) an operational emergency generator or backup power

source with enough capacity to power an elevator in the building for

a minimum of 48 hours during a power outage; and

(2) a sufficient fuel supply to power the emergency

generator or power source for the period described by Subdivision

(1).

(b) An assisted living facility that violates Subsection

(a) is liable for a civil penalty of not more than $500 for each

violation. Each month a violation continues is considered a

separate violation for purposes of assessing the civil penalty.

(c) The attorney general may bring suit to recover the civil

penalty authorized by Subsection (b).

SECTION 3. Subtitle B, Title 9, Health and Safety Code, is

amended by adding Chapter 786 to read as follows:

CHAPTER 786. EMERGENCY GENERATORS FOR SENIOR INDEPENDENT LIVING

COMMUNITIES

Sec. 786.001. DEFINITIONS. In this chapter:

(1) "Common amenity" means an amenity or service

offered or provided to residents of a multiunit residential

community, including:

(A) concierge services;

(B) a library;

(C) common dining services;

(D) housekeeping services; and

(E) full-time security.

(2) "Senior independent living community" means a

residential community or a portion of a residential community that:

(A) is intended and operated for occupancy by at

least one individual 55 years of age or older for each unit;

(B) contains not fewer than 20 residential units

in one or more multiunit buildings that are available to occupy; and

(C) provides common amenities.

Sec. 786.002. EXEMPTIONS. This chapter does not apply to:

(1) a health care institution as defined by Section

74.001, Civil Practice and Remedies Code;

(2) a boarding home facility as defined by Section

260.001 that holds a permit issued under Chapter 260;

(3) a supportive housing facility for elderly

individuals operated under Section 202, the National Housing Act

(12 U.S.C. Section 1701q);

(4) a center for independent living as defined by

Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.

Section 796a); or

(5) any other facility that is regulated by the Health

and Human Services Commission or in accordance with rules adopted

by the Centers for Medicare and Medicaid Services.

Sec. 786.003. EMERGENCY GENERATOR OR OTHER BACKUP POWER

SOURCE REQUIRED IN SENIOR INDEPENDENT LIVING COMMUNITIES WITH

ELEVATORS. (a) Each senior independent living community that

maintains and operates an elevator shall install and maintain on

the premises of each building in the community that contains an

elevator:

(1) an operational emergency generator or backup power

source with enough capacity to power an elevator in the building for

a minimum of 48 hours during a power outage; and

(2) a sufficient fuel supply to power the emergency

generator or power source for the period described by Subdivision

(1).

(b) A senior independent living community that violates

Subsection (a) is liable for a civil penalty of not more than $1,000

for each violation. Each month a violation continues is considered

a separate violation for purposes of assessing the civil penalty.

(c) The attorney general may bring suit to recover the civil

penalty authorized by Subsection (b).

SECTION 4. (a) A nursing facility is not required to

comply with Section 242.053, Health and Safety Code, as added by

this Act, before March 1, 2026.

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

with Section 247.073, Health and Safety Code, as added by this Act,

before March 1, 2026.

(c) A senior independent living community is not required to

comply with Chapter 786, Health and Safety Code, as added by this

Act, before March 1, 2026.

SECTION 5. This Act takes effect September 1, 2025.