2021S0138-1 03/02/21
 
  By: Bettencourt S.B. No. 1614
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring 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 that
  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 less than 68 degrees and 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 that 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 less than 68 degrees and
  not more than 81 degrees Fahrenheit for a minimum of 72 hours during
  a power outage.
         SECTION 3.  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.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.