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A BILL TO BE ENTITLED
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AN ACT
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relating to the maintenance of emergency communication devices for |
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certain facilities serving vulnerable populations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 787 to read as follows: |
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CHAPTER 787. EMERGENCY COMMUNICATION DEVICES FOR CERTAIN |
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FACILITIES |
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Sec. 787.001. DEFINITION. In this chapter, "floodplain" |
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means any area: |
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(1) with a one percent annual chance of flooding and |
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susceptible to periodic inundation by water from any source; or |
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(2) within a 100-year floodplain identified by the |
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Federal Emergency Management Agency under the National Flood |
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Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.). |
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Sec. 787.002. APPLICABILITY. This chapter applies only to |
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a facility that: |
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(1) provides services to vulnerable populations, |
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including children, elderly individuals, and individuals with |
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disabilities; and |
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(2) either: |
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(A) is located within a floodplain; or |
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(B) has previously been affected by a natural |
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disaster resulting in an inability of individuals to communicate |
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within the facility during the disaster. |
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Sec. 787.003. REQUIRED FACILITY EMERGENCY COMMUNICATION |
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DEVICE. A facility to which this chapter applies shall maintain a |
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device adequate to allow communication by the individuals receiving |
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services at the facility during an emergency without regard to |
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access to landline technologies or cell tower connectivity, |
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including: |
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(1) portable satellite communications equipment; or |
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(2) radios. |
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Sec. 787.004. CIVIL LIABILITY. (a) An individual |
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receiving services at a facility to which this chapter applies may |
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bring an action against the facility for damages resulting from a |
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violation of this chapter. |
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(b) A prevailing claimant in an action brought under this |
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section may recover attorney's fees and costs incurred in bringing |
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the action. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |