S.B. No. 28
AN ACT
1-1 relating to procedural and fire safety requirements relating to
1-2 long-term care facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 242.039, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 242.039. FIRE SAFETY REQUIREMENTS. (a) The board
1-7 shall adopt rules necessary to specify the edition of the Life
1-8 Safety Code of the National Fire Protection Association that will
1-9 be used to establish the life safety requirements for an
1-10 institution licensed under this chapter.
1-11 (b) The board shall adopt the edition of the Life Safety
1-12 Code of the National Fire Protection Association for fire safety as
1-13 designated by federal law and regulations for an institution or
1-14 portion of an institution that is constructed after September 1,
1-15 1993, and for an institution or portion of an institution that was
1-16 operating or approved for construction on or before September 1,
1-17 1993.
1-18 (c) The board may not require more stringent fire safety
1-19 standards than those required by federal law and regulation. The
1-20 rules adopted under this section may not prevent an institution
1-21 licensed under this chapter from voluntarily conforming to fire
1-22 safety standards that are compatible with, equal to, or more
1-23 stringent than those adopted by the board.
2-1 (d) Licensed health care facilities in existence at the time
2-2 of the effective date of this subsection may have their existing
2-3 use or occupancy continued if such facilities comply with fire
2-4 safety standards and ordinances in existence at the time of the
2-5 effective date of this subsection.
2-6 (e) Notwithstanding any other provision of this section, a
2-7 municipality shall have the authority to enact additional and
2-8 higher fire safety standards applicable to new construction
2-9 beginning on or after the effective date of this subsection.
2-10 (f)(1) An advisory committee is created to propose rules for
2-11 adoption by the department concerning the applicability of
2-12 municipal ordinances and regulations to the remodeling and
2-13 renovation of existing structures to be used as health care
2-14 facilities licensed under this chapter.
2-15 (2) The advisory committee shall be appointed by the
2-16 board and composed as follows:
2-17 (A) two municipal fire marshals;
2-18 (B) four individuals representing the nursing
2-19 home industry;
2-20 (C) the commissioner of human services or a
2-21 designee;
2-22 (D) one building official from a municipality
2-23 that has adopted the Uniform Building Code;
2-24 (E) one building official from a municipality
2-25 that has adopted the Standard Building Code;
3-1 (F) one architect licensed under state law;
3-2 (G) one member of the Texas Board of Human
3-3 Services; and
3-4 (H) one state Medicaid director or designee.
3-5 (3) The advisory committee shall serve without
3-6 compensation or remuneration of any kind. <An institution licensed
3-7 under this chapter shall comply with the 1985 edition of the Code
3-8 for Safety to Life from Fire in Buildings and Structures, known as
3-9 the Life Safety Code (Pamphlet No. 101) of the National Fire
3-10 Protection Association. The department shall determine which
3-11 occupancy chapter of that code is applicable to an institution
3-12 other than a nursing home or custodial care home.>
3-13 <(b) A nursing home or custodial care home or a portion of a
3-14 home that was operating or approved for construction before
3-15 September 1, 1987, must comply with the Life Safety Code provisions
3-16 relating to existing construction.>
3-17 <(c) A nursing home or custodial care home or a portion of a
3-18 home that is operating or approved for construction on or after
3-19 September 1, 1987, must comply with the Life Safety Code provisions
3-20 relating to new construction.>
3-21 <(d) This section does not preclude an institution from
3-22 conforming to a higher or additional fire safety standard or
3-23 provision.>
3-24 SECTION 2. Section 242.094, Health and Safety Code, is
3-25 amended by adding Subsection (e) to read as follows:
4-1 (e) Venue for an action brought under this section is in
4-2 Travis County.
4-3 SECTION 3. This Act takes effect September 1, 1993.
4-4 SECTION 4. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.