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A BILL TO BE ENTITLED
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AN ACT
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relating to the operability of elevators and related equipment |
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following a power outage at a senior independent living community; |
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authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 754, Health and Safety Code, is amended |
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by adding Section 754.0142 to read as follows: |
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Sec. 754.0142. EQUIPMENT OPERABILITY FOLLOWING POWER |
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OUTAGE AT SENIOR INDEPENDENT LIVING COMMUNITY. (a) In this |
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section, "senior independent living community" means a multifamily |
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residential facility occupied by or intended for occupancy by |
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residents who are 55 years of age or older. |
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(b) A senior independent living community that operates |
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equipment subject to this chapter shall contract with an outside |
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vendor to maintain the equipment's operability within 72 hours of |
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the time a power outage begins. |
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(c) The department shall assess an administrative penalty |
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in accordance with Subchapter F, Chapter 51, Occupations Code, |
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against a senior independent living community found in violation of |
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this section. Notwithstanding Section 51.302, Occupations Code, |
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the amount of the administrative penalty imposed under this section |
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may not exceed: |
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(1) $1,000 per day for the first five days of |
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noncompliance; and |
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(2) $5,000 per day for each day of noncompliance after |
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the initial five days of noncompliance. |
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SECTION 2. This Act takes effect September 1, 2025. |