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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency preparedness and contingency operations |
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plans, inspections, and enforcement for senior retirement |
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communities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 786, Health and Safety Code, as added by |
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Chapter 495 (S.B. 1283), Acts of the 89th Legislature, Regular |
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Session, 2025, and effective September 1, 2025, is amended by |
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adding Section 786.004 to read as follows: |
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Sec. 786.004. EMERGENCY PREPAREDNESS AND CONTINGENCY |
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OPERATIONS PLAN; INSPECTION; ENFORCEMENT. (a) In this section, |
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"area of refuge" means a climate-controlled area in a senior |
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retirement community that is designated for use to provide safety, |
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care, and other resources to residents during a power outage or |
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other emergency that does not require evacuation of the facility's |
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residents or other occupants. |
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(b) A senior retirement community shall adopt and implement |
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an emergency preparedness and contingency operations plan that |
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requires the community in the event of a power outage to provide: |
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(1) an area of refuge with at least 15 square feet for |
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each resident; and |
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(2) notice to the appropriate local fire marshal of an |
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unplanned interruption or loss for more than 12 hours of electric |
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utility service. |
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(c) An emergency preparedness and contingency operations |
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plan adopted in accordance with this section must require a senior |
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retirement community to maintain a temperature between 68 and 82 |
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degrees Fahrenheit in each area of refuge designated for use in the |
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event of a power outage. |
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(d) A senior retirement community shall at least once each |
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calendar year request and submit to an inspection by the |
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appropriate local fire marshal to verify compliance with the |
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requirements of this section. The fire marshal may conduct the |
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inspection in conjunction with an inspection verifying compliance |
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with applicable fire and life safety codes. In conducting the |
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inspection, the fire marshal shall: |
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(1) review the emergency power components of the |
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community's emergency preparedness and contingency operations |
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plan; |
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(2) verify the community's secondary power supply and |
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related equipment are maintained and operational; |
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(3) document any deficiencies discovered during the |
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inspection and issue written orders for the community to correct |
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those deficiencies within a reasonable time; and |
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(4) conduct any necessary subsequent inspection to |
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verify completion of any required corrective actions. |
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(e) A municipality, county, or emergency services district |
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may impose a penalty or other enforcement action against a senior |
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retirement community that violates this section as if the community |
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violated the applicable fire code. |
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SECTION 2. Section 34.0202, Utilities Code, is amended to |
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read as follows: |
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Sec. 34.0202. PURPOSE. The purpose of this subchapter is to |
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facilitate and provide funding for the design, procurement, |
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installation, and use of Texas backup power packages to ensure the |
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reliability or adequacy of an electric power grid in this state for |
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facilities on which communities rely for health, safety, and |
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well-being, including facilities operated by senior retirement |
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communities, as defined by Section 786.001, Health and Safety Code. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |