BILL ANALYSIS

 

 

Senate Research Center

S.B. 2919

89R7856 LRM-D

By: Miles; Hancock

 

Health & Human Services

 

4/25/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

After Hurricane Beryl, hospitals across Texas, including in areas like Harris County, experienced overwhelming patient volumes and power outages, disrupting essential services like dialysis. Many patients were unable to access critical treatments, leading to delays in care and worsening health outcomes, especially for those dependent on dialysis for survival. The lack of reliable backup systems in End Stage Renal Disease (ESRD) facilities, which treat patients whose kidneys have permanently failed, contributed to these issues.

 

ESRD facilities in Texas must implement emergency contingency plans that ensure continuous care during emergencies. These plans should include reliable backup power systems and water sources, particularly to support life-saving dialysis treatments. This is crucial to avoid disruptions that could jeopardize patient health.

 

S.B. 2919 strengthens Texas emergency preparedness by requiring all ESRD facilities to adopt emergency plans with on-site emergency generators, or on-site battery-powered generators, capable of operating for at least 72 hours�an increase from the previous 24-hour requirement. This will help ensure that these facilities can maintain operations and provide uninterrupted care during emergencies, safeguarding the health of vulnerable patients statewide.

 

As proposed, S.B. 2919 amends current law relating to power duration requirements in emergency contingency plans adopted by end stage renal disease facilities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 251.017(b), Health and Safety Code, as follows:

 

(b) Requires that an end stage renal disease facility, unless the facility adopts a plan described by certain provisions of Section 251.017 (Emergency Contingency Plan for Power and Potable Water), adopt an emergency contingency plan as required by Subsection (a) (relating to requiring each end stage renal disease facility to adopt an emergency contingency plan) under which the facility is required to meet certain requirements, including, except as provided by Subsection (c) (relating to providing that an end stage renal disease facility that adopts an emergency contingency plan is not required to maintain an on-site fuel source if certain conditions are met), by maintaining an on-site fuel source with sufficient fuel capacity to power the on-site generator for not less than 72 hours, rather than 24 hours, as determined by the electrical load demand on the emergency generator for that period, or an on-site battery-powered generator with sufficient electrical capacity to power the facility for not less than 72 hours. Makes a nonsubstantive change.

 

SECTION 2. Requires each end stage renal disease facility, not later than December 1, 2025, to modify the facility's emergency contingency plan as necessary to comply with Section 251.017(b), Health and Safety Code, as amended by this Act.

 

SECTION 3. Effective date: September 1, 2025.