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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency planning requirements for certain |
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independent senior living facilities; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 260B to read as follows: |
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CHAPTER 260B. INDEPENDENT SENIOR LIVING FACILITIES |
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Sec. 260B.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Independent senior living facility" means a |
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residential facility or a portion of a residential facility that |
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leases separate dwelling units to residents who are generally |
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required to be 55 years of age or older. |
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(3) "Resident" means a resident of an independent |
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senior living facility. |
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Sec. 260B.002. APPLICABILITY. This chapter applies only to |
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an independent senior living facility in which not less than 75 |
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percent of the residents residing in the facility are 70 years of |
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age or older. |
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Sec. 260B.003. EMERGENCY PLANNING REQUIREMENTS; REPORTS. |
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(a) Not later than November 1 of each year, each independent senior |
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living facility to which this chapter applies shall prepare and |
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submit to the commission a written report outlining the facility's |
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emergency plans for energy and water capacity and reliability |
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during a severe weather storm. |
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(b) Not later than November 1 of each even-numbered year, |
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the commission shall provide to the governor, lieutenant governor, |
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speaker of the house of representatives, and standing committees of |
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the legislature with primary jurisdiction over urban affairs: |
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(1) the reports submitted under Subsection (a); and |
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(2) a summary of the information contained in the |
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reports. |
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Sec. 260B.004. CIVIL PENALTY. (a) An independent senior |
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living facility that fails to submit the report required under |
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Section 260B.003 is liable for a civil penalty of not more than |
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$1,000 for each violation. Each day of a continuing violation |
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constitutes a separate ground for recovery. |
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(b) On request of the commission, the attorney general may |
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bring an action in a district court to collect a civil penalty under |
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this section. The attorney general and the commission may recover |
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reasonable expenses incurred in obtaining relief under this |
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section, including court costs, attorney's fees, investigation |
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costs, witness fees, and deposition expenses. |
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SECTION 2. This Act takes effect September 1, 2021. |