By: Thierry H.B. No. 2151
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to emergency generators or other power sources in nursing
  facilities and assisted living facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 242, Health and Safety
  Code, is amended by adding Section 242.053 to read as follows:
         Sec. 242.053.  EMERGENCY GENERATOR OR OTHER POWER SOURCE.
  Each nursing facility licensed under this chapter shall ensure the
  facility is equipped with an operational emergency generator or
  comparable emergency power source and a sufficient amount of fuel
  to operate the generator or power source and maintain the air
  temperature in the facility at not more than 81 degrees Fahrenheit
  for a minimum of 72 hours during a power outage.
         SECTION 2.  Subchapter D, Chapter 247, Health and Safety
  Code, is amended by adding Section 247.072 to read as follows:
         Sec. 247.072.  EMERGENCY GENERATOR OR OTHER POWER SOURCE.
  Each assisted living facility licensed under this chapter shall
  ensure the facility is equipped with an operational emergency
  generator or comparable emergency power source and a sufficient
  amount of fuel to operate the generator or power source and maintain
  the air temperature in the facility at not more than 81 degrees
  Fahrenheit for a minimum of 72 hours during a power outage.
         SECTION 3.  (a) As soon as practicable after the effective
  date of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Sections 242.053 and 247.072, Health and Safety Code, as added by
  this Act.
         (b)  Notwithstanding Sections 242.053 and 247.072, Health
  and Safety Code, as added by this Act, a nursing facility or
  assisted living facility, as applicable, is not required to comply
  with those sections until March 1, 2022.
         SECTION 4.  This Act takes effect September 1, 2021.