By: Miles S.B. No. 1368

A BILL TO BE ENTITLED

AN ACT

relating to an emergency preparedness and contingency operations plan, including temperature regulation, for nursing facility and assisted living facility residents during an emergency; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter K, Chapter 242, Health and Safety Code, is amended by adding Section 242.405 to read as follows:

Sec. 242.405. EMERGENCY PREPAREDNESS AND CONTINGENCY OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:

(1) "Area of refuge" means a climate-controlled area of a nursing facility that is designated for use during a power outage or other emergency to provide safety, care, and other resources to residents.

(2) "Bedfast resident" means a resident who is unable to transfer out of bed and unable to turn and position themselves in bed.

(b) A nursing facility shall adopt and implement an emergency preparedness and contingency operations plan that requires the facility to provide in an emergency:

(1) for each resident other than a bedfast resident, a climate-controlled area of refuge with at least 15 square feet per resident;

(2) for each bedfast resident, a climate-controlled room; and

(3) notice to the commission of an unplanned interruption or loss for more than 12 hours of electric utility service.

(c) An emergency preparedness and contingency operations plan adopted in accordance with this section must require a nursing facility to maintain a temperature between 68 and 82 degrees Fahrenheit for:

(1) each area of refuge designated for facility residents; and

(2) each climate-controlled room for bedfast residents.

(d) The executive commissioner shall adopt rules to enforce this section.

(e) A nursing facility shall submit the emergency preparedness and contingency operations plan required by this section to the commission in the form and manner prescribed by the commission.

(f) A nursing facility shall include in the emergency preparedness and contingency operations plan adopted in accordance with this section its policies and information on:

(1) building equipment, including the location of and type of on-site generator equipment or backup power source; and

(2) residents, including residents who are bedfast and residents who are dependent on electrically powered equipment.

(g) The commission shall assess a penalty in accordance with Subchapter C against a nursing facility found in violation of this section.

SECTION 2. Subchapter D, Chapter 247, Health and Safety Code, is amended by adding Section 247.073 to read as follows:

Sec. 247.073. EMERGENCY PREPAREDNESS AND CONTINGENCY OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:

(1) "Area of refuge" means a climate-controlled area in an assisted living facility that is designated for use during a power outage or other emergency to provide safety, care, and other resources to residents.

(2) "Bedfast resident" means an assisted living facility resident who is unable to transfer out of bed and unable to turn and position themselves in bed.

(b) An assisted living facility shall adopt and implement an emergency preparedness and contingency operations plan that requires the facility to provide in an emergency:

(1) for each assisted living facility resident other than a bedfast resident, a climate-controlled area of refuge with at least 15 square feet per resident;

(2) for each bedfast assisted living facility resident, a climate-controlled room; and

(3) notice to the commission of an unplanned interruption or loss for more than 12 hours of electric utility service.

(c) An emergency preparedness and contingency operations plan adopted in accordance with this section must require an assisted living facility to maintain a temperature between 68 and 82 degrees Fahrenheit for:

(1) each area of refuge designated for assisted living facility residents; and

(2) each climate-controlled room for bedfast assisted living facility residents.

(d) The executive commissioner shall adopt rules to enforce this section.

(e) The commission shall establish construction and licensure standards for assisted living facilities constructed after September 1, 2026, including standards for:

(1) the integration of backup power systems or a connection point for a backup power system; and

(2) the evacuation of assisted living facility residents in emergencies to other buildings on the same premises.

(f) An assisted living facility shall submit the emergency preparedness and contingency operations plan required by this section to the commission in the form and manner prescribed by the commission.

(g) An assisted living facility shall include in the emergency preparedness and contingency operations plan adopted in accordance with this section its policies and information on:

(1) building equipment, including the location of and type of on-site generator equipment or backup power source; and

(2) assisted living facility residents, including residents who are bedfast and residents who are dependent on electrically powered equipment.

(h) The commission shall assess a penalty in accordance with Subchapter C against an assisted living facility found in violation of this section.

SECTION 3. (a) Not later than January 1, 2026:

(1) each nursing facility shall adopt and implement an emergency preparedness and contingency operations plan as required by Section 242.405, Health and Safety Code, as added by this Act; and

(2) each assisted living facility shall adopt and implement an emergency preparedness and contingency operations plan as required by Section 247.073, Health and Safety Code, as added by this Act.

(b) Notwithstanding Sections 242.405 and 247.073, Health and Safety Code, as added by this Act, a nursing facility or assisted living facility is not subject to assessment of a penalty for a violation of those sections until on or after January 1, 2027.

SECTION 4. This Act takes effect September 1, 2025.