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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