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.