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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring congregate living facilities to maintain a |
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flood disaster plan and conduct an annual flood disaster plan |
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drill; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 418, Government Code, is |
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amended by adding Section 418.060 to read as follows: |
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Sec. 418.060. REQUIRED FLOOD DISASTER PLAN FOR CONGREGATE |
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LIVING FACILITIES; ANNUAL DRILLS. (a) In this section, "congregate |
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living facility" means a facility in which individuals who are not |
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related reside in close proximity and share at least one common |
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room. |
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(b) Each congregate living facility shall: |
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(1) develop and implement a flood disaster plan, if |
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the facility does not already have an existing flood disaster plan; |
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(2) annually conduct a drill of the facility's flood |
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disaster plan; and |
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(3) submit to the division an attestation in a form and |
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manner prescribed by the division that the facility conducted the |
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drill. |
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(c) The annual drill described by Subsection (b)(2) is |
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required to include each relevant member of the congregate living |
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facility's staff on duty at the time of the drill and may exclude |
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residents of the facility. |
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(d) The attorney general may bring an action to impose a |
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civil penalty against a congregate living facility that fails to |
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conduct an annual flood disaster plan drill in violation of this |
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section in an amount not to exceed $5,000 for each violation. |
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(e) Each day a violation continues is a separate violation |
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for purposes of imposing a civil penalty under this section. |
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(f) The attorney general may recover reasonable expenses |
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incurred in bringing an action under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act: |
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(1) each congregate living facility to which Section |
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418.060, Government Code, as added by this Act, applies that does |
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not have a flood disaster plan shall develop and implement such a |
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plan; and |
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(2) the Texas Division of Emergency Management shall |
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adopt the attestation form required by Section 418.060, Government |
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Code, as added by this Act. |
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SECTION 3. A congregate living facility to which Section |
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418.060, Government Code, as added by this Act, applies is not |
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required to conduct the initial flood disaster plan drill required |
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by that section before January 1, 2027. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |