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.