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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency generators or other power sources for nursing |
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facilities, assisted living facilities, and certain multiunit |
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complexes; providing a civil penalty. |
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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 Sections 242.053 and 242.054 to read as |
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follows: |
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Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
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(a) Each nursing facility licensed under this chapter shall ensure |
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the facility is equipped with an operational emergency generator or |
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comparable emergency power source and a sufficient amount of fuel |
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to operate the generator or power source during a power outage for a |
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minimum of 72 hours in: |
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(1) an area in the facility of sufficient size to at |
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all times safely maintain residents as appropriate for resident |
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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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resident's ability to exit a unit of the facility or the facility, a |
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separately powered area in addition to an area described by |
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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) A nursing facility must comply with Subsection (a) not |
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later than September 1, 2026. A facility may submit a request to |
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the commission for an extension for a period not to exceed one year |
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to 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. 242.054. GENERATOR INSPECTION. (a) In addition to the |
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inspections required under Sections 242.043 and 242.044, 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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242.053. |
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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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SECTION 2. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Sections 247.073 and 247.074 to read as |
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follows: |
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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: |
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(1) an area in the facility of sufficient size to at |
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all times safely maintain residents as appropriate for resident |
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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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resident's ability to exit a unit of the facility or the facility, a |
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separately powered area in addition to an area described by |
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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 for a period not to |
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exceed one year to comply in good faith with Subsection (a). A |
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facility may not request more than two additional one-year |
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extensions and must separately request each extension. This |
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subsection expires 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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SECTION 3. Chapter 92, Property Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. EMERGENCY GENERATORS FOR CERTAIN MULTIUNIT COMPLEXES |
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Sec. 92.371. DEFINITIONS. In this subchapter: |
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(1) "Authorized resident" means a tenant or an |
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individual who is authorized by a lease to occupy a dwelling but is |
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not obligated under the lease to pay rent. |
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(2) "Landlord" and "multiunit complex" have the |
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meanings assigned by Section 92.151. |
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Sec. 92.372. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies to a multiunit complex with more than 50 units in which at |
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least 75 percent of the units are occupied by at least one |
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authorized resident who is 55 years of age or older. |
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Sec. 92.373. EMERGENCY GENERATOR OR OTHER POWER SOURCE. |
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(a) The landlord of a multiunit complex to which this subchapter |
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applies shall ensure the multiunit complex is equipped with an |
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operational emergency generator or comparable emergency power |
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source and a sufficient amount of fuel to operate the generator or |
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power source during a power outage for a minimum of 72 hours in an |
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area on the premises of the multiunit complex that: |
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(1) is of sufficient size to maintain safely at all |
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times authorized residents who are 55 years of age or older; and |
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(2) is appropriate for the needs of authorized |
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residents who are 55 years of age or older. |
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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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Sec. 92.374. CIVIL PENALTY. (a) A landlord who violates |
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Section 92.373 is liable to this state for a civil penalty in an |
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amount not to exceed $5,000 for each violation. Each day a |
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violation continues is a separate violation for purposes of |
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imposing the civil penalty. |
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(b) The attorney general or the prosecuting attorney in the |
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county in which the violation occurs may bring an action to recover |
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the civil penalty imposed under Subsection (a). |
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(c) The attorney general or the prosecuting attorney in the |
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county in which the violation occurs, as appropriate, is entitled |
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to recover reasonable expenses in bringing an action under this |
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section, including reasonable attorney's fees, court costs, and |
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investigatory costs. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety |
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Code, as added by this Act. |
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SECTION 5. A landlord of a multiunit complex is not required |
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to comply with Subchapter J, Chapter 92, Property Code, as added by |
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this Act, before September 1, 2026. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |