By:  Moncrief                                           S.B. No. 28
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to procedural and fire safety requirements relating to
    1-2  long-term care facilities licensed by the Texas Department of
    1-3  Health.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 242.039, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 242.039.  FIRE SAFETY REQUIREMENTS.  (a)  The board
    1-8  shall adopt rules consistent with the most current Life Safety Code
    1-9  of the National Fire Protection Association required by federal law
   1-10  and regulations necessary to establish the life safety requirements
   1-11  for institutions licensed under this chapter.
   1-12        (b)  The board shall adopt the most current Life Safety Code
   1-13  required by federal law and regulations for a facility or a portion
   1-14  of a facility that is constructed after September 1, 1993.
   1-15        (c)  The board shall adopt rules consistent with federal laws
   1-16  and regulations, including waivers, for a facility or a portion of
   1-17  a facility that was operating or approved for construction on or
   1-18  before September 1, 1993.
   1-19        (d)  The board may not require more stringent standards than
   1-20  those required by federal law and regulation.  The rules adopted
   1-21  under this section may not prevent an institution licensed under
   1-22  this chapter from voluntarily conforming to fire safety standards
   1-23  that are higher than those adopted by the board or from voluntarily
    2-1  conforming to additional fire safety standards that are compatible
    2-2  with, equal to, or more stringent than those adopted by the board.
    2-3        (e)  The board is the sole authority for setting fire safety
    2-4  standards in institutions licensed under this chapter.  The
    2-5  institutions may not be required by another agency or governmental
    2-6  jurisdiction to meet additional or conflicting fire safety
    2-7  standards.  <An institution licensed under this chapter shall
    2-8  comply with the 1985 edition of the Code for Safety to Life from
    2-9  Fire in Buildings and Structures, known as the Life Safety Code
   2-10  (Pamphlet No. 101) of the National Fire Protection Association.
   2-11  The department shall determine which occupancy chapter of that code
   2-12  is applicable to an institution other than a nursing home or
   2-13  custodial care home.>
   2-14        <(b)  A nursing home or custodial care home or a portion of a
   2-15  home that was operating or approved for construction before
   2-16  September 1, 1987, must comply with the Life Safety Code provisions
   2-17  relating to existing construction.>
   2-18        <(c)  A nursing home or custodial care home or a portion of a
   2-19  home that is operating or approved for construction on or after
   2-20  September 1, 1987, must comply with the Life Safety Code provision
   2-21  relating to new construction.>
   2-22        <(d)  This section does not preclude an institution from
   2-23  conforming to a higher or additional fire safety standard or
   2-24  provision.>
   2-25        SECTION 2.  Section 242.094, Health and Safety Code, is
    3-1  amended by adding Subsection (e) to read as follows:
    3-2        (e)  Venue for actions brought under this section shall be in
    3-3  Travis County.
    3-4        SECTION 3.  This Act takes effect September 1, 1993.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.