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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to emergency generators or other power sources in nursing  | 
         
         
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            facilities and 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 242, Health and Safety  | 
         
         
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            Code, is amended by adding Section 242.053 to read as follows: | 
         
         
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                   Sec. 242.053.  EMERGENCY GENERATOR OR OTHER POWER SOURCE.   | 
         
         
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            Each nursing facility licensed under this chapter shall ensure the  | 
         
         
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            facility is equipped with an operational emergency generator or  | 
         
         
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            comparable emergency power source and a sufficient amount of fuel  | 
         
         
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            to operate the generator or power source and maintain the air  | 
         
         
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            temperature in the facility at not less than 68 degrees and not more  | 
         
         
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            than 81 degrees Fahrenheit for a minimum of 72 hours during a power  | 
         
         
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            outage. | 
         
         
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                   SECTION 2.  Subchapter D, Chapter 247, Health and Safety  | 
         
         
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            Code, is amended by adding Section 247.072 to read as follows: | 
         
         
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                   Sec. 247.072.  EMERGENCY GENERATOR OR OTHER POWER SOURCE.   | 
         
         
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            Each assisted living facility licensed under this chapter shall  | 
         
         
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            ensure the facility is equipped with an operational emergency  | 
         
         
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            generator or comparable emergency power source and a sufficient  | 
         
         
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            amount of fuel to operate the generator or power source and maintain  | 
         
         
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            the air temperature in the facility at not less than 68 degrees and  | 
         
         
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            not more than 81 degrees Fahrenheit for a minimum of 72 hours during  | 
         
         
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            a power outage. | 
         
         
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                   SECTION 3.  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 rules necessary to implement  | 
         
         
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            Sections 242.053 and 247.072, Health and Safety Code, as added by  | 
         
         
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            this Act. | 
         
         
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                   SECTION 4.  This Act takes effect immediately if it receives  | 
         
         
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            a vote of two-thirds of all the members elected to each house, as  | 
         
         
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            provided by Section 39, Article III, Texas Constitution.  If this  | 
         
         
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            Act does not receive the vote necessary for immediate effect, this  | 
         
         
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            Act takes effect September 1, 2021. |