The text as introduced · 569 words
By: Barry
H.B. No. 3595
A BILL TO BE ENTITLED
AN ACT
relating to an emergency preparedness and contingency operations
plan, including temperature regulation, for assisted living
facility residents during an emergency; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.073 to read as follows:
Sec. 247.073. EMERGENCY PREPAREDNESS AND CONTINGENCY
OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:
(1) "Area of refuge" means a climate-controlled area
in an assisted living facility that is designated for use when
sheltering in place during a power outage or other emergency to
provide safety, care, and other resources to residents.
(b) An assisted living facility shall adopt and implement an
emergency preparedness and contingency operations plan that
requires the facility to provide in a power outage:
(1) for each assisted living facility resident a
climate-controlled area of refuge with at least 15 square feet per
resident; and
(2) notice to the commission of an unplanned
interruption or loss for more than 12 hours of electric utility
service.
(c) An emergency preparedness and contingency operations
plan adopted in accordance with this section must require an
assisted living facility to maintain a temperature between 68 and
82 degrees Fahrenheit for each area of refuge designated for
assisted living facility residents.
(d) The executive commissioner shall adopt rules to enforce
this section.
(e) The commission shall establish construction and
licensure standards for assisted living facilities constructed
after September 1, 2026, including standards for:
(1) the integration of backup power systems or a
connection point for a backup power system; or
(2) the evacuation of assisted living facility
residents in emergencies to other buildings on the same premises
which have a back up power system or a connection point for a
portable back up power system.
(f) An assisted living facility shall submit the emergency
preparedness and contingency operations plan required by this
section to the commission in the form and manner prescribed by the
commission.
(g) An assisted living facility shall include in the
emergency preparedness and contingency operations plan adopted in
accordance with this section its policies and information on:
(1) building equipment, if any, including the location
of and type of on-site generator equipment or backup power source;
and
(2) assisted living facility residents, including
residents who are medically-dependent on electrically powered
equipment.
(h) a summary of an emergency preparedness and contingency
operations plan that addresses sheltering in place shall be made
available to residents and their families.
(g) Each assisted living facility shall post signs in
conspicuous locations within the facility that include information
regarding:
(1) the location of the area of refuge on the premises
of the facility and directions to that location;
(2) the contact information of the facility's
designated emergency contact; and
(3) emergency procedures for employees and residents
of the facility.
SECTION 3. (a) Not later than January 1, 2026, each
assisted living facility shall adopt and implement an emergency
preparedness and contingency operations plan as required by Section
247.073, Health and Safety Code, as added by this Act.
(b) Notwithstanding Sections 242.405 and 247.073, Health
and Safety Code, as added by this Act, an assisted living facility
is not subject to assessment of a penalty for a violation of those
sections until on or after January 1, 2027.
SECTION 4. This Act takes effect September 1, 2025.
Monitoring 
