SRC-TJG, VRA H.B. 867 78(R) BILL ANALYSIS Senate Research Center H.B. 867 78R10079 DLF-DBy: Jones, Jesse (Deuell) Health & Human Services 5/18/2003 Engrossed DIGEST AND PURPOSE Facilities designed for the care of seniors are not required to be equipped with central air. Severe temperature can affect the health condition of seniors, and heat has been the cause of death of some seniors in Texas. H.B. 867 requires nursing homes and assisted living facilities that are built or converted to be used as such facilities to be equipped with a central air-conditioning system. RULEMAKING AUTHORITY The Texas Department of Human Services is expressly required to amend its rule as necessary to comply with the new requirements under SECTION 2 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. DEFINITION. Defines "department" as the Texas Department of Human Services (DHS). SECTION 2. AIR CONDITIONING SYSTEMS FOR NURSING HOMES. (a) Provides that as soon as practicable after the effective date of this Act, DHS must review the rules and minimum standards applicable to an institution licensed under Chapter 242, Health and Safety Code, and adopted under Section 242.037, Health and Safety Code. Requires DHS to ensure that the rules and minimum standards require each affected institution to use a central air conditioning system or a substantially similar air conditioning system that is capable of maintaining a temperature within the areas of the institution used by residents suitable for the comfort of the residents. (b) Provides that not later than January 1, 2004, DHS must amend the applicable rules and minimum standards as necessary to comply with Subsection (a) of this section. (c) Provides that an amendment to the applicable rules and minimum standards made under Subsection (b) of this section applies to an institution or a part of an institution for which construction is begun after the effective date of the amendment, which may not be later than January 1, 2004, including a facility converted to use as an institution after that date. SECTION 3. AIR CONDITIONING SYSTEMS FOR ASSISTED LIVING FACILITIES. (a) Provides that as soon as practicable after the effective date of this Act, DHS must review the minimum standards applicable to an assisted living facility licensed under Chapter 247, Health and Safety Code, and adopted under Section 247.026, Health and Safety Code. Requires DHS to ensure that the rules and minimum standards require each affected facility to use a central air conditioning system or a substantially similar air conditioning system that is capable of maintaining a temperature within the areas of the facility used by residents suitable for the comfort of the residents. (b) Provides that not later than January 1, 2004, DHS must amend the applicable minimum standards as necessary to comply with Subsection (a) of this section. (c) Provides that an amendment to the applicable minimum standards made under Subsection (b) of this section applies to an assisted living facility or a part of a facility for which construction is begun after the effective date of the amendment, which may not be later than January 1, 2004, including a facility converted to use as an assisted living facility after that date. SECTION 4. EFFECTIVE DATE. September 1, 2003.