H.B. No. 867




AN ACT

relating to minimum standards applicable to certain facilities.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	ARTICLE 1.  MINIMUM STANDARDS RELATING TO AIR CONDITIONING
	SECTION 1.01.  DEFINITION.  In this article, "department" 
means the Texas Department of Human Services.
	SECTION 1.02.  AIR CONDITIONING SYSTEMS FOR NURSING HOMES.  
(a)  As soon as practicable after the effective date of this 
article, the department shall 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.  The department shall 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)  Not later than January 1, 2004, the department shall 
amend the applicable rules and minimum standards as necessary to 
comply with Subsection (a) of this section.
	(c)  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)  As soon as practicable after the effective date of 
this article, the department shall 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.  The department shall 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)  Not later than January 1, 2004, the department shall 
amend the applicable minimum standards as necessary to comply with 
Subsection (a) of this section.
	(c)  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.  EFFECTIVE DATE
	SECTION 2.01.  This Act takes effect September 1, 2003.                        




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 867 was passed by the House on May 5, 
2003, by a non-record vote; and that the House concurred in Senate 
amendments to H.B. No. 867 on May 29, 2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 867 was passed by the Senate, with 
amendments, on May 27, 2003, by a viva-voce vote.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor