78R10079 DLF-D


By:  Jones of Dallas, Naishtat                                    H.B. No. 867

Substitute the following for H.B. No. 867:                                    

By:  Christian                                                C.S.H.B. No. 867



A BILL TO BE ENTITLED

AN ACT

relating to air conditioning systems in certain facilities.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  DEFINITION.  In this Act, "department" means the 
Texas Department of Human Services.
	SECTION 2.  AIR CONDITIONING SYSTEMS FOR NURSING HOMES.  (a)  
As soon as practicable after the effective date of this Act, 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 3.  AIR CONDITIONING SYSTEMS FOR ASSISTED LIVING 
FACILITIES.  (a)  As soon as practicable after the effective date of 
this Act, 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.
	SECTION 4.  EFFECTIVE DATE.  This Act takes effect September 
1, 2003.