| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring certain facilities located in certain areas |
|
|
prone to severe weather to have emergency generators. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 531, Government Code, is |
|
|
amended by adding Section 531.098 to read as follows: |
|
|
Sec. 531.098. RULES AND PROVISION RELATING TO FACILITIES |
|
|
LOCATED IN AREAS PRONE TO SEVERE WEATHER. (a) The executive |
|
|
commissioner shall adopt rules defining areas in this state that |
|
|
are prone to severe weather as each coastal county and any other |
|
|
county in which a state of disaster has been declared by an |
|
|
executive order or proclamation under Chapter 418, Government Code, |
|
|
issued on or after January 1, 2003. The executive commissioner |
|
|
shall update the rules as necessary. |
|
|
(b) The executive commissioner may require a facility |
|
|
located in an area prone to severe weather that is licensed by a |
|
|
health and human services agency and that serves elderly persons, |
|
|
persons who are ill, and persons with special needs to have an |
|
|
emergency generator located on the premises to provide emergency |
|
|
electrical power. |
|
|
SECTION 2. Section 242.037, Health and Safety Code, is |
|
|
amended by adding Subsection (j) to read as follows: |
|
|
(j) The minimum standards adopted by the executive |
|
|
commissioner of the Health and Human Services Commission under this |
|
|
section must require that each institution located in an area prone |
|
|
to severe weather under rules adopted by the executive commissioner |
|
|
of the Health and Human Services Commission under Section 531.098, |
|
|
Government Code, provide emergency electrical power with an |
|
|
emergency generator located on the premises. |
|
|
SECTION 3. Section 247.026, Health and Safety Code, is |
|
|
amended by adding Subsection (j) to read as follows: |
|
|
(j) The minimum standards adopted by the executive |
|
|
commissioner of the Health and Human Services Commission under this |
|
|
section must require that each assisted living facility located in |
|
|
an area prone to severe weather under rules adopted by the executive |
|
|
commissioner of the Health and Human Services Commission under |
|
|
Section 531.098, Government Code, provide emergency electrical |
|
|
power with an emergency generator located on the premises. |
|
|
SECTION 4. Section 248.026, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) The minimum standards adopted by the executive |
|
|
commissioner of the Health and Human Services Commission under this |
|
|
section must require that each special care facility located in an |
|
|
area prone to severe weather under rules adopted by the executive |
|
|
commissioner of the Health and Human Services Commission under |
|
|
Section 531.098, Government Code, provide emergency electrical |
|
|
power with an emergency generator located on the premises. |
|
|
SECTION 5. Not later than January 1, 2010, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt: |
|
|
(1) the rules required by Section 531.098, Government |
|
|
Code, as added by this Act; and |
|
|
(2) the standards required by Sections 242.037(j), |
|
|
247.026(j), and 248.026(c), Health and Safety Code, as added by |
|
|
this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2009. |