By: Coleman (Senate Sponsor - Van de Putte) H.B. No. 3729

(In the Senate - Received from the House May 6, 2013; May 7, 2013, read first time and referred to Committee on Health and Human Services; May 15, 2013, reported favorably by the following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to licensing requirements for newly constructed assisted living facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 247.021(g), Health and Safety Code, is amended to read as follows:

(g) The department shall, upon submission of a written request by the applicant, automatically issue a six-month provisional license without conducting a life safety code inspection before issuance of the provisional license to a newly constructed facility if:

(1) the license applicant has submitted building plans to the department for an early compliance review in accordance with Section 247.0261 [facility is in compliance with resident care standards];

(2) all local approvals, including a certificate of occupancy where required, have been obtained;

(3) a complete license application form is submitted within 30 days of receipt of all local approvals;

(4) the license fee has been paid;

(5) [before beginning construction, the license applicant submits working drawings and specifications to the department for review; and

[(6)] the department determines that the license applicant or a person who owns the license applicant and controls the operations of the license applicant constructed another facility in this state that complies with the department's life safety code standards; and

(6) the facility is in compliance with resident care standards based on an on-site health inspection.

SECTION 2. This Act takes effect September 1, 2013.

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