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A BILL TO BE ENTITLED
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AN ACT
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relating to safety requirements of assisted living facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Sections 247.0263 and 247.0264 to read as |
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follows: |
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Sec. 247.0263. LIFE SAFETY CODE TECHNICAL MEMORANDUM. (a) |
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At least twice each year, the commission shall issue a technical |
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memorandum providing guidance on the interpretation of minimum life |
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safety code standards prescribed under this chapter and by |
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commission rule. The technical memorandum must include guidance |
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regarding any new standard proposed or adopted by the executive |
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commissioner under Section 247.026 that is essential to the safety |
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of the residents of an assisted living facility and not otherwise |
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required by this chapter. |
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(b) The commission shall solicit comments from interested |
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parties and experts to determine any additional minimum standards |
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that need to be addressed in a technical memorandum issued under |
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this section. |
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(c) The commission shall post the technical memorandum on |
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the commission's Internet website. |
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(d) A technical memorandum issued under this section is |
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legally binding and must be followed by a person conducting a life |
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safety code survey under this chapter. |
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Sec. 247.0264. ACCESSIBILITY STANDARDS. Accessibility |
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standards of assisted living facilities are governed by the Texas |
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Commission of Licensing and Regulation in accordance with Chapter |
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469, Government Code. The executive commissioner may not adopt |
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rules governing the accessibility standards of assisted living |
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facilities. |
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SECTION 2. The heading to Section 247.027, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 247.027. INSPECTIONS; WAIVER. |
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SECTION 3. Section 247.027, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A municipal fire marshal may grant a waiver for a |
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violation of a life safety requirement or fire safety standard |
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cited in the commission's final official statement of violations |
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after an inspection conducted under this section provided the |
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waiver will not have any adverse effect on the safety of the |
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residents of the assisted living facilities. |
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SECTION 4. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0273 to read as follows: |
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Sec. 247.0273. LIFE SAFETY CODE. (a) The executive |
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commissioner by rule shall specify an edition of the Life Safety |
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Code of the National Fire Protection Association to be used in |
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establishing the life safety requirements for an assisted living |
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facility licensed under this chapter. |
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(b) The rules adopted under Subsection (a) must specify an |
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edition of the Life Safety Code of the National Fire Protection |
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Association issued on or after January 1, 2012. |
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(c) This section expires September 1, 2021. |
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SECTION 5. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.071 to read as follows: |
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Sec. 247.071. LOCAL CERTIFICATE OF OCCUPANCY. The |
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commission shall recognize a certificate of occupancy or other |
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approval issued by a municipality or county indicating that a |
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structure complies with all building, fire, and health requirements |
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of the municipality or county, as applicable. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules necessary to implement |
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the changes in law made by this Act. |
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SECTION 7. This Act takes effect September 1, 2017. |