73R10747 E
          By Moncrief                                             S.B. No. 28
          Substitute the following for S.B. No. 28:
          By Berlanga                                         C.S.S.B. No. 28
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to procedural and fire safety requirements relating to
    1-3  long-term care facilities.
    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 necessary to specify the edition of the Life
    1-9  Safety Code of the National Fire Protection Association that will
   1-10  be used to establish the life safety requirements for an
   1-11  institution licensed under this chapter.
   1-12        (b)  The board shall adopt the edition of the Life Safety
   1-13  Code of the National Fire Protection Association for fire safety as
   1-14  designated by federal law and regulations for an institution or
   1-15  portion of an institution that is constructed after September 1,
   1-16  1993, and for an institution or portion of an institution that was
   1-17  operating or approved for construction on or before September 1,
   1-18  1993.
   1-19        (c)  The board may not require more stringent fire safety
   1-20  standards than those required by federal law and regulation.  The
   1-21  rules adopted under this section may not prevent an institution
   1-22  licensed under this chapter from voluntarily conforming to fire
   1-23  safety standards that are compatible with, equal to, or more
   1-24  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 facility complies 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
   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;
   2-26                    (F)  one architect licensed under state law;
   2-27                    (G)  one member of the Texas Board of Human
    3-1  Services; and
    3-2                    (H)  one state Medicaid director or designee.
    3-3              (3)  The advisory committee shall serve without
    3-4  compensation or remuneration of any kind.  <An institution licensed
    3-5  under this chapter shall comply with the 1985 edition of the Code
    3-6  for Safety to Life from Fire in Buildings and Structures, known as
    3-7  the Life Safety Code (Pamphlet No. 101) of the National Fire
    3-8  Protection Association.  The department shall determine which
    3-9  occupancy chapter of that code is applicable to an institution
   3-10  other than a nursing home or custodial care home.>
   3-11        <(b)  A nursing home or custodial care home or a portion of a
   3-12  home that was operating or approved for construction before
   3-13  September 1, 1987, must comply with the Life Safety Code provisions
   3-14  relating to existing construction.>
   3-15        <(c)  A nursing home or custodial care home or a portion of a
   3-16  home that is operating or approved for construction on or after
   3-17  September 1, 1987, must comply with the Life Safety Code provisions
   3-18  relating to new construction.>
   3-19        <(d)  This section does not preclude an institution from
   3-20  conforming to a higher or additional fire safety standard or
   3-21  provision.>
   3-22        SECTION 2.  Section 242.094, Health and Safety Code, is
   3-23  amended by adding Subsection (e) to read as follows:
   3-24        (e)  Venue for an action brought under this section is in
   3-25  Travis County.
   3-26        SECTION 3.  This Act takes effect September 1, 1993.
   3-27        SECTION 4.  The importance of this legislation and the
    4-1  crowded condition of the calendars in both houses create an
    4-2  emergency and an imperative public necessity that the
    4-3  constitutional rule requiring bills to be read on three several
    4-4  days in each house be suspended, and this rule is hereby suspended.