78R2291 DLF-D

By:  Jones of Dallas                                              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.  Section 242.037, Health and Safety Code,  is 
amended by adding Subsection (e-1) to read as follows:
	(e-1)  An institution or a part of an institution for which 
construction is begun after August 31, 2003, including a facility 
converted to use as an institution after August 31, 2003,  must have 
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 in accordance with the standards 
adopted by the board.
	SECTION 2.  Section 247.026, Health and Safety Code,  is 
amended by adding Subsection (j) to read as follows:
	(j)  An assisted living facility or a part of an assisted 
living facility for which construction is begun after August 31, 
2003, including a facility converted to use as an assisted living 
facility after August 31, 2003, must have 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 in accordance with the standards adopted by the 
board.
	SECTION 3.  (a)  The change in law made by this Act does not 
apply to a newly constructed nursing institution or assisted living 
facility for which a required construction permit was obtained from 
the appropriate local political subdivision before September 1, 
2003.
	(b)  The change in law made by this Act does not apply to a 
facility converted to use as a nursing institution or assisted 
living facility if the conversion of the facility is commenced 
before September 1, 2003.
	(c)  A nursing institution or assisted living facility 
described by Subsections (a) or (b) of this section is governed by 
the law as it existed immediately before the effective date of this 
Act, and that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.