By Jones of Dallas H.B. No. 2927
77R7645 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to temperature regulation of certain facilities that serve
1-3 older persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 242, Health and Safety
1-6 Code, is amended by adding Section 242.0443 to read as follows:
1-7 Sec. 242.0443. REGULATION OF TEMPERATURE. A representative
1-8 of the department making an on-site visit to an institution in the
1-9 course of conducting an inspection, survey, or investigation under
1-10 Section 242.043 or 242.044 or in accordance with Chapter 32, Human
1-11 Resources Code, shall:
1-12 (1) determine whether the institution is in compliance
1-13 with applicable minimum standards relating to regulation of
1-14 temperature; and
1-15 (2) note in the report of the inspection, survey, or
1-16 investigation whether the institution is in compliance with those
1-17 standards.
1-18 SECTION 2. (a) In this section, "department" means the
1-19 Texas Department of Human Services.
1-20 (b) The department shall conduct a study concerning
1-21 appropriate regulation of temperature in facilities in which older
1-22 persons commonly reside, including multi-unit residential
1-23 facilities marketed to older persons, nursing institutions,
1-24 continuing care facilities, assisted living facilities, special
2-1 care facilities, and intermediate care facilities for the mentally
2-2 retarded.
2-3 (c) At the request of the department, the Texas Department
2-4 of Insurance and the Texas Department of Health shall provide
2-5 assistance in conducting the study in relation to facilities
2-6 subject to the jurisdiction of those agencies.
2-7 (d) Not later than December 1, 2002, the department shall
2-8 submit a written report regarding the study to the governor,
2-9 lieutenant governor, speaker of the house of representatives, and
2-10 appropriate standing committee of each house of the legislature.
2-11 The report must include recommendations relating to:
2-12 (1) proposed rules or legislation to ensure
2-13 appropriate temperature regulation in facilities in which older
2-14 persons commonly reside; and
2-15 (2) the application of the proposed rules or
2-16 legislation to facilities in existence at the time the rules or
2-17 legislation takes effect, including a proposed schedule for
2-18 bringing the existing facilities into compliance with the rules or
2-19 legislation.
2-20 SECTION 3. This Act takes effect immediately if it receives
2-21 a vote of two-thirds of all the members elected to each house, as
2-22 provided by Section 39, Article III, Texas Constitution. If this
2-23 Act does not receive the vote necessary for immediate effect, this
2-24 Act takes effect September 1, 2001.