SRC-TJG, VRA C.S.H.B. 867 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 867
78R17227 DLF-FBy: Jones, Jesse (Deuell)
Health & Human Services
5/21/2003
Committee Report (Substituted)


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.  C.S.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
rules as necessary to comply with the new requirements under SECTION 1.02
of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  MINIMUM STANDARDS RELATING TO AIR CONDITIONING

SECTION 1.01.  DEFINITION.  Defines "department" as the Texas Department
of Human Services (DHS). 

SECTION 1.02.  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 1.03.  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. 

ARTICLE 2.  MINIMUM STANDARDS RELATING TO FIRE PROTECTION.

SECTION 2.01.  Amends Section 247.030(b), Health and Safety Code, to
require the modified standards to be specifically defined by the Texas
Board of Human Services (board) and to provide for buildings with three or
fewer stories, rather than two-story buildings.  Requires an existing
building that is converted to a large Type B assisted living facility,
with respect to life safety code requirements, as classified by the board,
to conform only to Chapter 21 of the 1988 edition of the National Fire
Protection Association (NFPA) 101. 

SECTION 2.02.  Provides that an assisted living facility is not required
to comply with Section 247.030(b), Health and Safety Code, as amended by
this article, before September 1, 2004. 

ARTICLE 3.  EFFECTIVE DATE   

SECTION 3.01  Effective date:  September 1, 2003.