88R4067 LRM-F
 
  By: Thierry H.B. No. 2301
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to emergency generators or other power sources for 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 Sections 242.053 and 242.054 to read as
  follows:
         Sec. 242.053.  EMERGENCY GENERATOR OR OTHER POWER SOURCE.
  (a) 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 for a minimum of 72 hours
  during a power outage in:
               (1)  an area in the facility of sufficient size to
  maintain residents safely at all times and that is appropriate for
  resident needs; and
               (2)  for a nursing facility that maintains an area in
  the facility with an installed unit locking device as defined by
  commission rule to restrict a resident's ability to exit a unit of
  the facility or the facility, a separately powered area in addition
  to an area described by Subdivision (1).
         (b)  An operational emergency generator or comparable
  emergency power source required by Subsection (a) may be powered by
  any type of fuel, including natural gas.
         (c)  A nursing facility must comply with Subsection (a) not
  later than September 1, 2024.  A nursing facility may request from
  the commission an extension not to exceed one year to comply in good
  faith with Subsection (a).  A facility may request not more than two
  additional one-year extensions and must separately request each
  extension.  This subsection expires September 1, 2027.
         Sec. 242.054.  GENERATOR INSPECTION. In addition to the
  inspections required under Sections 242.043 and 242.044, the
  commission shall conduct an annual inspection of each facility's
  emergency generator or other power source required by Section
  242.053.  The executive commissioner by rule shall prescribe a
  checklist for an inspection conducted under this section.
         SECTION 2.  Subchapter D, Chapter 247, Health and Safety
  Code, is amended by adding Sections 247.073 and 247.074 to read as
  follows:
         Sec. 247.073.  EMERGENCY GENERATOR OR OTHER POWER SOURCE.
  (a) 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 for a
  minimum of 72 hours during a power outage in:
               (1)  an area in the facility of sufficient size to
  maintain residents safely at all times and that is appropriate for
  resident needs; and
               (2)  for an assisted living facility that maintains an
  area in the facility with an installed unit locking device as
  defined by commission rule to restrict a resident's ability to exit
  a unit of the facility or the facility, a separately powered area in
  addition to an area described by Subdivision (1).
         (b)  An operational emergency generator or comparable
  emergency power source required by Subsection (a) may be powered by
  any type of fuel, including natural gas.
         (c)  An assisted living facility must comply with Subsection
  (a) not later than September 1, 2024.  An assisted living facility
  may request from the commission an extension not to exceed one year
  to comply in good faith with Subsection (a).  A facility may request
  not more than two additional one-year extensions and must
  separately request each extension. This subsection expires
  September 1, 2027.
         Sec. 247.074.  GENERATOR INSPECTION. In addition to the
  inspections required under Sections 247.023(a) and 247.027, the
  commission shall conduct an annual inspection of each facility's
  emergency generator or other power source required by Section
  247.073.  The executive commissioner by rule shall prescribe a
  checklist for an inspection conducted under this section.
         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, 242.054, 247.073, and 247.074, 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, 2023.