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A BILL TO BE ENTITLED
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AN ACT
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relating to an emergency preparedness and contingency operations |
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plan, including temperature regulation, for assisted living |
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facility residents during an emergency; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 PREPAREDNESS AND CONTINGENCY |
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OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section: |
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(1) "Area of refuge" means a climate-controlled area |
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in an assisted living facility that is designated for use during a |
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power outage, or other emergency that does not require the |
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evacuation of the entire facility, to provide safety, care, and |
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other resources to residents. |
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(2) "Bedfast resident" means an assisted living |
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facility resident who: |
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(A) is unable to transfer out of bed and unable to |
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turn and position themselves in bed; and |
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(B) is unable to be transported by another person |
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during an emergency. |
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(b) An assisted living facility shall adopt and implement an |
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emergency preparedness and contingency operations plan that |
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requires the facility to provide in the event of a power outage: |
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(1) for each assisted living facility resident other |
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than a bedfast resident, a climate-controlled area of refuge with |
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at least 15 square feet per resident; |
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(2) for each bedfast resident, a climate-controlled |
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room; and |
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(3) notice to the commission of an unplanned |
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interruption or loss for more than 12 hours of electric utility |
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service. |
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(c) An emergency preparedness and contingency operations |
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plan adopted in accordance with this section must require an |
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assisted living facility to maintain a temperature between 68 and |
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82 degrees Fahrenheit for: |
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(1) each area of refuge designated for assisted living |
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facility residents; and |
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(2) each climate-controlled room for bedfast |
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residents. |
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(d) The executive commissioner shall adopt rules to enforce |
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this section. |
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(e) The commission shall establish construction and |
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licensure standards for assisted living facilities, including |
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standards for: |
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(1) backup power systems, such as the integration of |
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multiple backup power sources or the use of a generator connection |
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box to connect a building of the facility to a backup power source; |
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and |
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(2) the evacuation of assisted living facility |
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residents to an area of refuge or climate-controlled room, as |
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applicable, in emergencies. |
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(f) An assisted living facility shall submit the emergency |
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preparedness and contingency operations plan required by this |
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section to the commission in the form and manner prescribed by the |
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commission. |
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(g) An assisted living facility shall include in the |
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emergency preparedness and contingency operations plan adopted in |
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accordance with this section its policies and information on: |
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(1) building equipment, if any, including the location |
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of and type of on-site generator equipment or backup power source; |
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and |
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(2) assisted living facility residents, including |
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bedfast residents and residents who are dependent on electrically |
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powered medical equipment. |
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(h) On request, an assisted living facility shall provide a |
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summary of the facility's emergency preparedness and contingency |
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operations plan adopted in accordance with this section to a |
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facility resident or a resident's family member. |
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(i) The commission may assess a penalty in accordance with |
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Subchapter C against an assisted living facility found in violation |
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of this section. |
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SECTION 2. (a) Not later than January 1, 2026, each assisted |
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living facility shall adopt and implement an emergency preparedness |
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and contingency operations plan as required by Section 247.073, |
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Health and Safety Code, as added by this Act. |
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(b) Notwithstanding Section 247.073(e), Health and Safety |
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Code, as added by this Act, an assisted living facility is not |
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required to comply with the construction and licensure standards |
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established under that subsection before the later of: |
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(1) the first date that the assisted living facility |
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is issued a new or renewal license under Chapter 247, Health and |
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Safety Code, on or after September 1, 2026; or |
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(2) January 1, 2027. |
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SECTION 3. This Act takes effect September 1, 2025. |