BILL ANALYSIS
Senate Research Center |
C.S.S.B. 2919 |
89R27023 LRM-D |
By: Miles; Hancock |
|
Health & Human Services |
|
5/8/2025 |
|
Committee Report (Substituted) |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
After Hurricane Beryl, hospitals across Texas, including in Harris County, experienced overwhelming patient volumes and power outages, disrupting essential services like dialysis. Many patients were unable to access treatment, leading to delays in care and worsening health outcomes, particularly for those dependent on dialysis for survival. End Stage Renal Disease (ESRD) facilities, which treat patients whose kidneys have permanently failed, lacked adequate backup systems to maintain care during emergencies. These vulnerabilities highlighted the need for stronger emergency preparedness in ESRD facilities across the state.
S.B. 2919 key provisions include:
� Requiring all ESRD facilities in Texas to implement emergency contingency plans that include either on-site emergency generators or battery-powered generators capable of operating for at least 72 hours, an increase from the previous 24-hour requirement.
� Requiring sufficient on-site fuel or battery capacity to sustain operations during extended emergencies.
� Requiring facilities to maintain backup water supplies to support dialysis treatment during disruptions.
� The committee substitute adds a provision that allows a facility to meet backup fuel requirements through a third-party agreement if installing or maintaining sufficient on-site fuel storage is not feasible.
C.S.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, Health and Safety Code, by amending Subsection (b) and adding Subsection (f), 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:
(1) makes no changes to this subdivision; and
�(2) 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), to maintain:
(A) 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
(B) an on-site battery-powered generator with sufficient electrical capacity to power the facility for not less than 72 hours; and
(3)-(4) makes no changes to these subdivisions.
Makes nonsubstantive changes to this subsection.
(f) Requires an end stage renal disease facility, if the facility determines it is not feasible for the facility to install or maintain an on-site fuel storage tank with capacity sufficient to store the fuel required under Subsection (b)(2)(A), to enter into an agreement with a� third party for the party to provide during a power outage the fuel required for the facility to comply with that subsection.
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.