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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency preparedness of assisted living facilities |
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and the health and safety of residents of those facilities; |
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providing civil and administrative penalties. |
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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 418.059 to read as follows: |
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Sec. 418.059. ASSISTED LIVING FACILITY HEALTH AND SAFETY |
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PLAN DATABASE. (a) In this section: |
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(1) "Assisted living facility" means a facility |
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licensed under Chapter 247, Health and Safety Code. |
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(2) "Health and safety plan" means a health and safety |
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policy and plan prepared by an assisted living facility under |
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Section 247.075, Health and Safety Code. |
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(b) The division shall: |
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(1) establish, maintain, and annually update a |
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statewide database of assisted living facilities that includes the |
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health and safety plan filed by each assisted living facility under |
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Section 247.075(c), Health and Safety Code; and |
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(2) make the database accessible to state and local |
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emergency response and emergency management agencies for the |
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purpose of coordinating emergency response activities and |
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emergency management. |
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(c) The division may impose an administrative penalty on an |
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assisted living facility that fails to file a health and safety plan |
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as required by Section 247.075(c), Health and Safety Code, or |
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violates a rule adopted under this section. |
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(d) Information in the database is confidential and exempt |
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from disclosure under Chapter 552. |
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(e) The division shall prescribe and periodically update a |
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standard template for an assisted living facility to prepare and |
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submit a health and safety plan. |
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(f) The division shall adopt rules as necessary to implement |
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this section, including rules to: |
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(1) ensure the protection of sensitive information, |
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including personal data of residents of assisted living facilities; |
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and |
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(2) prescribe the form and manner in which an assisted |
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living facility may submit a health and safety plan to the division |
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under Section 247.075(c), Health and Safety Code. |
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SECTION 2. Chapter 247, Health and Safety Code, is amended |
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by adding Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. HEALTH AND SAFETY OF FACILITY RESIDENTS; EMERGENCY |
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PREPAREDNESS |
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Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
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(a) Each assisted living facility licensed under this chapter |
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shall ensure the facility is equipped with an operational emergency |
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generator or comparable emergency power source and a sufficient |
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amount of fuel to operate the generator or power source during a |
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power outage for a minimum of 72 hours in a manner sufficient to |
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maintain functional electrical outlets to accommodate essential |
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medical equipment of facility residents, including equipment |
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necessary for respiratory care, in: |
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(1) an area in the facility of sufficient size to at |
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all times safely maintain facility residents as appropriate for |
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resident needs; and |
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(2) for a facility that maintains an installed unit |
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locking device, as defined by commission rule, to restrict a |
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facility resident's ability to exit a unit of the facility or the |
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facility, a separately powered area in addition to an area |
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described by Subdivision (1). |
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(b) An operational emergency generator or comparable |
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emergency power source required by Subsection (a) may be powered by |
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any type of fuel, including natural gas. |
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(c) An assisted living facility must comply with Subsection |
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(a) not later than September 1, 2026. A facility may submit a |
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request to the commission for an extension not to exceed one year to |
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comply in good faith with Subsection (a). A facility may not |
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request more than two additional one-year extensions and must |
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separately request each extension. This subsection expires |
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September 1, 2029. |
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Sec. 247.074. GENERATOR INSPECTION. (a) In addition to the |
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inspections required under Sections 247.023(a) and 247.027, the |
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commission shall conduct an annual inspection of each facility's |
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emergency generator or other power source required by Section |
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247.073. |
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(b) The executive commissioner by rule shall prescribe a |
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checklist for an inspection conducted under this section. |
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Sec. 247.075. RESIDENT HEALTH AND SAFETY POLICY AND PLAN. |
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(a) An assisted living facility shall prepare, maintain, and |
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annually update a health and safety policy and plan. |
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(b) A health and safety policy and plan maintained under |
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this section must include information regarding: |
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(1) health and safety measures and protocols for |
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responding to an emergency, including a power outage or disaster as |
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defined by Section 418.004, Government Code; |
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(2) medical support services available to facility |
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residents; and |
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(3) the emergency power generation capability of the |
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facility. |
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(c) An assisted living facility shall: |
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(1) annually file the health and safety policy and |
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plan with: |
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(A) the Texas Division of Emergency Management as |
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provided by Section 418.059, Government Code, and rules adopted |
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under that section; and |
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(B) each local government agency responsible for |
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providing emergency response services to the facility; |
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(2) provide the health and safety policy and plan to |
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each resident of the facility; and |
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(3) prominently and conspicuously post a written |
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notice of the health and safety policy and plan in an area of the |
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facility where the facility posts other facility notices. |
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Sec. 247.076. HEALTH AND SAFETY INVESTIGATIONS AND RESIDENT |
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COMMUNICATIONS. An assisted living facility may not: |
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(1) prevent or inhibit a facility resident from or |
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penalize a facility resident for communicating with a law |
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enforcement officer, social worker, family member, or other |
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interested person regarding the health and safety of the facility's |
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residents; or |
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(2) prevent a law enforcement officer, court officer, |
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social worker, family member, or other interested person from |
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entering a common area of the assisted living facility to conduct a |
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voluntary interview with a facility resident as part of an |
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investigation into the health and safety of the facility's |
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residents or regarding an incident at the facility. |
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Sec. 247.077. CIVIL PENALTY. An assisted living facility |
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that violates this subchapter is liable to the state for a civil |
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penalty of not more than $1,000 for each violation. Each day a |
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violation continues constitutes a separate violation. The attorney |
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general may bring an action to collect a civil penalty under this |
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section at the request of the Health and Human Services Commission |
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or the Texas Division of Emergency Management. |
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SECTION 3. (a) Not later than December 31, 2025, the Texas |
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Division of Emergency Management shall adopt rules for the |
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implementation of Section 418.059, Government Code, as added by |
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this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the executive commissioner of the Health and Human Services |
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Commission shall adopt rules necessary to implement Subchapter D-1, |
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Health and Safety Code, as added by this Act. |
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(c) An assisted living facility is not required to comply |
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with Section 247.075, Health and Safety Code, as added by this Act, |
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before January 1, 2026. |
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SECTION 4. This Act takes effect September 1, 2025. |