1-1 By: Moncrief S.B. No. 28
1-2 (In the Senate - Filed November 12, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 9, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 March 9, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 28 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to procedural and fire safety requirements relating to
1-22 long-term care facilities licensed by the Texas Department of
1-23 Health.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 242.039, Health and Safety Code, is
1-26 amended to read as follows:
1-27 Sec. 242.039. FIRE SAFETY REQUIREMENTS. (a) The board
1-28 shall adopt rules consistent with the most current Life Safety Code
1-29 of the National Fire Protection Association required by federal law
1-30 and regulations necessary to establish the life safety requirements
1-31 for institutions licensed under this chapter.
1-32 (b) The board shall adopt the most current Life Safety Code
1-33 required by federal law and regulations for a facility or a portion
1-34 of a facility that is constructed after September 1, 1993.
1-35 (c) The board shall adopt rules consistent with federal laws
1-36 and regulations, including waivers, for a facility or a portion of
1-37 a facility that was operating or approved for construction on or
1-38 before September 1, 1993.
1-39 (d) The board may not require more stringent standards than
1-40 those required by federal law and regulation. The rules adopted
1-41 under this section may not prevent an institution licensed under
1-42 this chapter from voluntarily conforming to fire safety standards
1-43 that are higher than those adopted by the board or from voluntarily
1-44 conforming to additional fire safety standards that are compatible
1-45 with, equal to, or more stringent than those adopted by the board.
1-46 (d) The board is the sole authority for setting fire safety
1-47 standards in institutions licensed under this chapter. The
1-48 institutions may not be required by another agency or governmental
1-49 jurisdiction to meet additional or conflicting fire safety
1-50 standards. <An institution licensed under this chapter shall
1-51 comply with the 1985 edition of the Code for Safety to Life from
1-52 Fire in Buildings and Structures, known as the Life Safety Code
1-53 (Pamphlet No. 101) of the National Fire Protection Association.
1-54 The department shall determine which occupancy chapter of that code
1-55 is applicable to an institution other than a nursing home or
1-56 custodial care home.>
1-57 <(b) A nursing home or custodial care home or a portion of a
1-58 home that was operating or approved for construction before
1-59 September 1, 1987, must comply with the Life Safety Code provisions
1-60 relating to existing construction.>
1-61 <(c) A nursing home or custodial care home or a portion of a
1-62 home that is operating or approved for construction on or after
1-63 September 1, 1987, must comply with the Life Safety Code provision
1-64 relating to new construction.>
1-65 <(d) This section does not preclude an institution from
1-66 conforming to a higher or additional fire safety standard or
1-67 provision.>
1-68 SECTION 2. Section 242.094, Health and Safety Code, is
2-1 amended by adding Subsection (e) to read as follows:
2-2 (e) Venue for actions brought under this section shall be in
2-3 Travis County.
2-4 SECTION 3. This Act takes effect September 1, 1993.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *
2-11 Austin,
2-12 Texas
2-13 March 9, 1993
2-14 Hon. Bob Bullock
2-15 President of the Senate
2-16 Sir:
2-17 We, your Committee on Health and Human Services to which was
2-18 referred S.B. No. 28, have had the same under consideration, and I
2-19 am instructed to report it back to the Senate with the
2-20 recommendation that it do not pass, but that the Committee
2-21 Substitute adopted in lieu thereof do pass and be printed.
2-22 Zaffirini,
2-23 Chair
2-24 * * * * *
2-25 WITNESSES
2-26 FOR AGAINST ON
2-27 ___________________________________________________________________
2-28 Name: Roy C. Crenwelge x
2-29 Representing: Texas Dept. of Health
2-30 City: Austin
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2-32 Name: Sara Speights x
2-33 Representing: TX Health Care Assn.
2-34 City: Austin
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