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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency generators or other power sources for nursing |
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facilities and assisted living facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Sections 242.053 and 242.054 to read as |
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follows: |
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Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
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(a) Each nursing facility licensed under this chapter shall ensure |
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the facility is equipped with an operational emergency generator or |
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comparable emergency power source and a sufficient amount of fuel |
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to operate the generator or power source for a minimum of 72 hours |
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during a power outage in: |
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(1) an area in the facility of sufficient size to |
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maintain residents safely at all times and that is appropriate for |
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resident needs; and |
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(2) for a nursing facility that maintains an area in |
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the facility with an installed unit locking device as defined by |
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commission rule to restrict a resident's ability to exit a unit of |
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the facility or the facility, a separately powered area in addition |
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to an area described by Subdivision (1). |
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(b) An operational emergency generator or comparable |
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emergency power source required by Subsection (a) may be powered by |
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any type of fuel, including natural gas. |
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(c) A nursing facility must comply with Subsection (a) not |
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later than September 1, 2024. A nursing facility may request from |
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the commission an extension not to exceed one year to comply in good |
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faith with Subsection (a). A facility may request not more than two |
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additional one-year extensions and must separately request each |
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extension. This subsection expires September 1, 2027. |
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Sec. 242.054. GENERATOR INSPECTION. In addition to the |
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inspections required under Sections 242.043 and 242.044, the |
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commission shall conduct an annual inspection of each facility's |
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emergency generator or other power source required by Section |
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242.053. The executive commissioner by rule shall prescribe a |
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checklist for an inspection conducted under this section. |
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SECTION 2. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Sections 247.073 and 247.074 to read as |
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follows: |
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Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
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(a) Each assisted living facility licensed under this chapter |
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shall ensure the facility is equipped with an operational emergency |
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generator or comparable emergency power source and a sufficient |
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amount of fuel to operate the generator or power source for a |
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minimum of 72 hours during a power outage in: |
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(1) an area in the facility of sufficient size to |
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maintain residents safely at all times and that is appropriate for |
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resident needs; and |
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(2) for an assisted living facility that maintains an |
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area in the facility with an installed unit locking device as |
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defined by commission rule to restrict a resident's ability to exit |
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a unit of the facility or the facility, a separately powered area in |
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addition to an area described by Subdivision (1). |
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(b) An operational emergency generator or comparable |
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emergency power source required by Subsection (a) may be powered by |
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any type of fuel, including natural gas. |
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(c) An assisted living facility must comply with Subsection |
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(a) not later than September 1, 2024. An assisted living facility |
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may request from the commission an extension not to exceed one year |
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to comply in good faith with Subsection (a). A facility may request |
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not more than two additional one-year extensions and must |
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separately request each extension. This subsection expires |
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September 1, 2027. |
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Sec. 247.074. GENERATOR INSPECTION. In addition to the |
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inspections required under Sections 247.023(a) and 247.027, the |
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commission shall conduct an annual inspection of each facility's |
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emergency generator or other power source required by Section |
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247.073. The executive commissioner by rule shall prescribe a |
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checklist for an inspection conducted under this section. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety |
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Code, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |