Nursing Home Generator Rule Can Wait Until 2029

The text as introduced · 1,111 words

89R12224 LRM-D

By: Reynolds
H.B. No. 4250

A BILL TO BE ENTITLED

AN ACT

relating to emergency generators or other power sources for nursing

facilities, assisted living facilities, and certain multiunit

complexes; providing a civil penalty.

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 for a period 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 for a period 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. Chapter 92, Property Code, is amended by adding

Subchapter J to read as follows:

SUBCHAPTER J. EMERGENCY GENERATORS FOR CERTAIN MULTIUNIT COMPLEXES

Sec. 92.371. DEFINITIONS. In this subchapter:

(1) "Authorized resident" means a tenant or an

individual who is authorized by a lease to occupy a dwelling but is

not obligated under the lease to pay rent.

(2) "Landlord" and "multiunit complex" have the

meanings assigned by Section 92.151.

Sec. 92.372. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a multiunit complex with more than 50 units in which at

least 75 percent of the units are occupied by at least one

authorized resident who is 55 years of age or older.

Sec. 92.373. EMERGENCY GENERATOR OR OTHER POWER SOURCE.

(a) The landlord of a multiunit complex to which this subchapter

applies shall ensure the multiunit complex 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 an

area on the premises of the multiunit complex that:

(1) is of sufficient size to maintain safely at all

times authorized residents who are 55 years of age or older; and

(2) is appropriate for the needs of authorized

residents who are 55 years of age or older.

(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.

Sec. 92.374. CIVIL PENALTY. (a) A landlord who violates

Section 92.373 is liable to this state for a civil penalty in an

amount not to exceed $5,000 for each violation. Each day a

violation continues is a separate violation for purposes of

imposing the civil penalty.

(b) The attorney general or the prosecuting attorney in the

county in which the violation occurs may bring an action to recover

the civil penalty imposed under Subsection (a).

(c) The attorney general or the prosecuting attorney in the

county in which the violation occurs, as appropriate, is entitled

to recover reasonable expenses in bringing an action under this

section, including reasonable attorney's fees, court costs, and

investigatory costs.

SECTION 4. 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 5. A landlord of a multiunit complex is not required

to comply with Subchapter J, Chapter 92, Property Code, as added by

this Act, before September 1, 2026.

SECTION 6. 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.