85R7581 AJZ-D
 
  By: Klick H.B. No. 4095
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to safety requirements of assisted living facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 247, Health and Safety
  Code, is amended by adding Sections 247.0263 and 247.0264 to read as
  follows:
         Sec. 247.0263.  LIFE SAFETY CODE TECHNICAL MEMORANDUM.  (a)  
  At least twice each year, the commission shall issue a technical
  memorandum providing guidance on the interpretation of minimum life
  safety code standards prescribed under this chapter and by
  commission rule.  The technical memorandum must include guidance
  regarding any new standard proposed or adopted by the executive
  commissioner under Section 247.026 that is essential to the safety
  of the residents of an assisted living facility and not otherwise
  required by this chapter.
         (b)  The commission shall solicit comments from interested
  parties and experts to determine any additional minimum standards
  that need to be addressed in a technical memorandum issued under
  this section.
         (c)  The commission shall post the technical memorandum on
  the commission's Internet website.
         (d)  A technical memorandum issued under this section is
  legally binding and must be followed by a person conducting a life
  safety code survey under this chapter.
         Sec. 247.0264.  ACCESSIBILITY STANDARDS. Accessibility
  standards of assisted living facilities are governed by the Texas
  Commission of Licensing and Regulation in accordance with Chapter
  469, Government Code.  The executive commissioner may not adopt
  rules governing the accessibility standards of assisted living
  facilities.
         SECTION 2.  The heading to Section 247.027, Health and
  Safety Code, is amended to read as follows:
         Sec. 247.027.  INSPECTIONS; WAIVER.
         SECTION 3.  Section 247.027, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  A municipal fire marshal may grant a waiver for a
  violation of a life safety requirement or fire safety standard
  cited in the commission's final official statement of violations
  after an inspection conducted under this section provided the
  waiver will not have any adverse effect on the safety of the
  residents of the assisted living facilities.
         SECTION 4.  Subchapter B, Chapter 247, Health and Safety
  Code, is amended by adding Section 247.0273 to read as follows:
         Sec. 247.0273.  LIFE SAFETY CODE. (a)  The executive
  commissioner by rule shall specify an edition of the Life Safety
  Code of the National Fire Protection Association to be used in
  establishing the life safety requirements for an assisted living
  facility licensed under this chapter.
         (b)  The rules adopted under Subsection (a) must specify an
  edition of the Life Safety Code of the National Fire Protection
  Association issued on or after January 1, 2012.
         (c)  This section expires September 1, 2021.
         SECTION 5.  Subchapter D, Chapter 247, Health and Safety
  Code, is amended by adding Section 247.071 to read as follows:
         Sec. 247.071.  LOCAL CERTIFICATE OF OCCUPANCY. The
  commission shall recognize a certificate of occupancy or other
  approval issued by a municipality or county indicating that a
  structure complies with all building, fire, and health requirements
  of the municipality or county, as applicable.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt the rules necessary to implement
  the changes in law made by this Act.
         SECTION 7.  This Act takes effect September 1, 2017.