C.S.H.B. 867 78(R)    BILL ANALYSIS


C.S.H.B. 867
By: Jones, Jesse
Human Services
Committee Report (Substituted)



BACKGROUND 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.  Heat has been the cause of death of some seniors in
Texas.  House Bill 867 would require nursing homes and assisted living
facility that are built or converted to be used as such facility after
August 31, 2003 to be equipped with a central airconditioning system. 

RULEMAKING AUTHORITY

This bill expressly delegates rulemaking authority to the Texas Department
of Human Services in SECTION 2 and SECTION 3 of this bill. 

ANALYSIS

CSHB 867 requires the Texas Department of Human Services (department) to
review the rules and minimum standards applicable to an institution
licensed under Chapter 242, Health and Safety Code. The bill requires the
department, no later than January 1, 2004, to amend the rules and minimum
standards to require the affected institution (nursing homes) to use a
central air conditioning system or a substantially similar air
conditioning system that is capable of maintaining a temperature within
the area of the institutions used by residents suitable for the comfort of
the residents. The bill provides that the amended rules and standards
would apply to an institution or a part of an institution for which
construction is begun after the effective date of the amendment, but not
later than January 1, 2004.  The bill provides that the new rules and
standards would also apply to a facility converted to use as an
institution.   

CSHB 867 requires the department to review the rules and minimum standards
applicable to an institution licensed under Chapter 247, Health and Safety
Code.  The  bill requires the department, no later than January 1, 2004,
to amend the rules and minimum standard to require the affected
institution (assisted living facilities) to use a central air conditioning
system or a substantially similar air conditioning system that is capable
of maintaining a temperature within the area of the institutions used by
residents suitable for the comfort of the residents.  The bill provides
that the amended rules and standards would apply to an institution or a
part of an institution for which construction is begun after the effective
date of the amendment, but not later than January 1, 2004. The bill
provides that the new rules and standards would also apply to a facility
converted to use as an institution.  

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

CBHB 867  grants  the Texas Department of Human Services rulemaking
authority to amend the current rules and minimum standards to require
nursing homes and assisted living facilities to use a central air
conditioning system or a substantially similar air conditioning system
that is capable of maintaining a temperature within the area of the
institutions used by residents suitable for the comfort of the residents.
House Bill 867 enacted the requirement in the statute.