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A BILL TO BE ENTITLED
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AN ACT
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relating to required emergency generators or other backup power |
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sources in certain nursing facilities, assisted living facilities, |
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and senior independent living communities; providing civil and |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.053 to read as follows: |
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Sec. 242.053. EMERGENCY GENERATOR OR OTHER BACKUP POWER |
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SOURCE REQUIRED IN NURSING FACILITIES WITH ELEVATORS. (a) Each |
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nursing facility licensed under this chapter that maintains and |
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operates an elevator shall install and maintain on the premises of |
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each facility building that contains an elevator: |
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(1) an operational emergency generator or other backup |
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power source with enough capacity to power an elevator in the |
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building for a minimum of 48 hours during a power outage; and |
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(2) a sufficient fuel supply to power the emergency |
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generator or power source for the period described by Subdivision |
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(1). |
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(b) The commission shall impose an administrative penalty |
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in an amount not to exceed $500 against a nursing facility that |
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violates Subsection (a). Each month a violation continues is |
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considered a separate violation for purposes of imposing the |
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administrative penalty under this subsection. |
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SECTION 2. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.073 to read as follows: |
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Sec. 247.073. EMERGENCY GENERATOR OR OTHER BACKUP POWER |
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SOURCE REQUIRED IN ASSISTED LIVING FACILITIES WITH ELEVATORS. (a) |
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Each assisted living facility licensed under this chapter that |
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maintains and operates an elevator shall install and maintain on |
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the premises of each facility building that contains an elevator: |
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(1) an operational emergency generator or backup power |
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source with enough capacity to power an elevator in the building for |
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a minimum of 48 hours during a power outage; and |
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(2) a sufficient fuel supply to power the emergency |
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generator or power source for the period described by Subdivision |
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(1). |
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(b) The commission shall impose an administrative penalty |
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in an amount not to exceed $500 against an assisted living facility |
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that violates Subsection (a). Each month a violation continues is |
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considered a separate violation for purposes of imposing the |
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administrative penalty under this subsection. |
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SECTION 3. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 786 to read as follows: |
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CHAPTER 786. EMERGENCY GENERATORS FOR SENIOR INDEPENDENT LIVING |
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COMMUNITIES |
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Sec. 786.001. DEFINITIONS. In this chapter: |
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(1) "Common amenity" means an amenity or service |
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offered or provided to residents of a multiunit residential |
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community, including: |
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(A) concierge services; |
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(B) a library; |
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(C) common dining services; |
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(D) housekeeping services; and |
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(E) full-time security. |
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(2) "Senior independent living community" means a |
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residential community or a portion of a residential community that: |
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(A) is intended and operated for occupancy by at |
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least one individual 55 years of age or older for each unit; |
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(B) contains not fewer than 20 residential units |
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in one or more multiunit buildings that are available to occupy; and |
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(C) provides common amenities. |
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Sec. 786.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a health care institution as defined by Section |
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74.001, Civil Practice and Remedies Code; |
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(2) a boarding home facility as defined by Section |
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260.001 that holds a permit issued under Chapter 260; |
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(3) a supportive housing facility for elderly |
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individuals operated under Section 202, the National Housing Act |
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(12 U.S.C. Section 1701q); |
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(4) a center for independent living as defined by |
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Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C. |
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Section 796a); or |
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(5) any other facility that is regulated by the Health |
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and Human Services Commission or in accordance with rules adopted |
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by the Centers for Medicare and Medicaid Services. |
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Sec. 786.003. EMERGENCY GENERATOR OR OTHER BACKUP POWER |
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SOURCE REQUIRED IN SENIOR INDEPENDENT LIVING COMMUNITIES WITH |
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ELEVATORS. (a) Each senior independent living community that |
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maintains and operates an elevator shall install and maintain on |
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the premises of each building in the community that contains an |
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elevator: |
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(1) an operational emergency generator or backup power |
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source with enough capacity to power an elevator in the building for |
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a minimum of 48 hours during a power outage; and |
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(2) a sufficient fuel supply to power the emergency |
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generator or power source for the period described by Subdivision |
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(1). |
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(b) A senior independent living community that violates |
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Subsection (a) is liable for a civil penalty of not more than $1,000 |
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for each violation. Each month a violation continues is considered |
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a separate violation for purposes of assessing the civil penalty. |
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(c) The attorney general may bring suit to recover the civil |
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penalty authorized by Subsection (b). |
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SECTION 4. (a) A nursing facility is not required to |
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comply with Section 242.053, Health and Safety Code, as added by |
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this Act, before March 1, 2026. |
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(b) An assisted living facility is not required to comply |
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with Section 247.073, Health and Safety Code, as added by this Act, |
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before March 1, 2026. |
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(c) A senior independent living community is not required to |
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comply with Chapter 786, Health and Safety Code, as added by this |
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Act, before March 1, 2026. |
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SECTION 5. This Act takes effect September 1, 2025. |