By:  Jones of Dallas, Naishtat                                    H.B. No. 867
 
    (Senate Sponsor - Deuell)                                                
	(In the Senate - Received from the House May 6, 2003; 
May 8, 2003, read first time and referred to Committee on Health 
and Human Services; May 22, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 8, 
Nays 0; May 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 867                                    By:  Deuell


A BILL TO BE ENTITLED

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.  MINIMUM STANDARDS RELATING TO FIRE PROTECTION
	SECTION 2.01.  Section 247.030(b), Health and Safety Code, 
is amended to read as follows:
	(b)  The board shall adopt minimum standards for an assisted 
living facility classified under this section, including standards 
imposing adequate requirements relating to medication supervision.  
The board shall modify accessibility and life safety code standards 
generally applicable to a facility licensed under this chapter as 
necessary for a facility classified under this section to reflect 
the level of services provided by the facility.  The modified 
standards must be specifically defined by the board and must 
provide for [two-story] buildings with three or fewer stories.  
Buildings with three or fewer stories [Two-story buildings] must 
meet all life safety code requirements in regards to protecting 
vertical openings, as specified in the 1988 edition of the National 
Fire Protection Association (NFPA) 101, Section 21-2.3.1.  With 
respect to life safety code requirements, an existing building that 
is converted to a large Type B assisted living facility, as 
classified by the board, must conform only to Chapter 21 of the 1988 
edition of the National Fire Protection Association (NFPA) 101.
	SECTION 2.02.  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.  This Act takes effect September 1, 2003.                        



* * * * *