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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain facilities located in certain areas |
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prone to severe weather to have an emergency preparedness plan for |
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provision of emergency electrical power. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.098 to read as follows: |
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Sec. 531.098. EMERGENCY PREPAREDNESS PLAN FOR FACILITIES |
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LOCATED IN AREAS PRONE TO SEVERE WEATHER. (a) For purposes of this |
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section, "area prone to severe weather" means each county in this |
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state that is located wholly or partly within 100 miles of the Gulf |
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of Mexico. |
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(b) This section applies only to a facility located in an |
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area prone to severe weather that is licensed by a health and human |
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services agency and that serves elderly persons, persons who are |
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ill, and persons with special needs. |
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(c) The executive commissioner by rule shall require a |
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facility to which this section applies to annually adopt and submit |
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to the commission for its approval an emergency preparedness plan |
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that ensures that, in the event of a local power outage, the |
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facility maintains the ability: |
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(1) to provide emergency electrical power; and |
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(2) to meet the basic needs of all persons receiving |
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services at the facility. |
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(d) The commission shall review and approve or disapprove an |
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emergency preparedness plan submitted under Subsection (c) and |
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issue a notification of approval or a notification of the reasons |
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for disapproval of the plan. |
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(e) An emergency preparedness plan must demonstrate that |
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the facility possesses on the facility's premises an electrical |
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power generator or other emergency power source. The facility must |
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include with the plan a proposed schedule for the regular |
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servicing, testing, and operation of the electrical power generator |
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or other emergency power source that complies with commission |
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rules. A facility shall maintain a log of the regular servicing, |
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testing, and operation of the electrical power generator or other |
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emergency power source and shall submit a copy of the log to the |
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commission with its annual emergency preparedness plan. The |
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commission may inspect the log at any time before the facility |
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submits the log to the commission. |
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(f) The executive commissioner by rule shall prescribe |
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standards relating to the servicing, testing, and operation of an |
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electrical power generator or other emergency power source used in |
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the implementation of an emergency preparedness plan submitted |
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under Subsection (c). |
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SECTION 2. Not later than December 1, 2009, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Section 531.098, Government Code, as |
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added by this Act. |
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SECTION 3. A facility licensed by a health and human |
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services agency required to adopt and submit an emergency |
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preparedness plan under Section 531.098, Government Code, as added |
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by this Act, shall comply with rules adopted under that section not |
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later than January 31, 2010. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |