Bill Text: TX HB2301 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to emergency generators or other power sources for nursing facilities and assisted living facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Human Services [HB2301 Detail]
Download: Texas-2023-HB2301-Introduced.html
| 88R4067 LRM-F | ||
| By: Thierry | H.B. No. 2301 | |
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| relating to emergency generators or other power sources for nursing | ||
| facilities and assisted living facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 242, Health and Safety | ||
| Code, is amended by adding Sections 242.053 and 242.054 to read as | ||
| follows: | ||
| Sec. 242.053. EMERGENCY GENERATOR OR OTHER POWER SOURCE. | ||
| (a) Each nursing facility licensed under this chapter shall ensure | ||
| the facility is equipped with an operational emergency generator or | ||
| comparable emergency power source and a sufficient amount of fuel | ||
| to operate the generator or power source for a minimum of 72 hours | ||
| during a power outage in: | ||
| (1) an area in the facility of sufficient size to | ||
| maintain residents safely at all times and that is appropriate for | ||
| resident needs; and | ||
| (2) for a nursing facility that maintains an area in | ||
| the facility with an installed unit locking device as defined by | ||
| commission rule to restrict a resident's ability to exit a unit of | ||
| the facility or the facility, a separately powered area in addition | ||
| to an area described by Subdivision (1). | ||
| (b) An operational emergency generator or comparable | ||
| emergency power source required by Subsection (a) may be powered by | ||
| any type of fuel, including natural gas. | ||
| (c) A nursing facility must comply with Subsection (a) not | ||
| later than September 1, 2024. A nursing facility may request from | ||
| the commission an extension not to exceed one year to comply in good | ||
| faith with Subsection (a). A facility may request not more than two | ||
| additional one-year extensions and must separately request each | ||
| extension. This subsection expires September 1, 2027. | ||
| Sec. 242.054. GENERATOR INSPECTION. In addition to the | ||
| inspections required under Sections 242.043 and 242.044, the | ||
| commission shall conduct an annual inspection of each facility's | ||
| emergency generator or other power source required by Section | ||
| 242.053. The executive commissioner by rule shall prescribe a | ||
| checklist for an inspection conducted under this section. | ||
| SECTION 2. Subchapter D, Chapter 247, Health and Safety | ||
| Code, is amended by adding Sections 247.073 and 247.074 to read as | ||
| follows: | ||
| Sec. 247.073. EMERGENCY GENERATOR OR OTHER POWER SOURCE. | ||
| (a) Each assisted living facility licensed under this chapter | ||
| shall ensure the facility is equipped with an operational emergency | ||
| generator or comparable emergency power source and a sufficient | ||
| amount of fuel to operate the generator or power source for a | ||
| minimum of 72 hours during a power outage in: | ||
| (1) an area in the facility of sufficient size to | ||
| maintain residents safely at all times and that is appropriate for | ||
| resident needs; and | ||
| (2) for an assisted living facility that maintains an | ||
| area in the facility with an installed unit locking device as | ||
| defined by commission rule to restrict a resident's ability to exit | ||
| a unit of the facility or the facility, a separately powered area in | ||
| addition to an area described by Subdivision (1). | ||
| (b) An operational emergency generator or comparable | ||
| emergency power source required by Subsection (a) may be powered by | ||
| any type of fuel, including natural gas. | ||
| (c) An assisted living facility must comply with Subsection | ||
| (a) not later than September 1, 2024. An assisted living facility | ||
| may request from the commission an extension not to exceed one year | ||
| to comply in good faith with Subsection (a). A facility may request | ||
| not more than two additional one-year extensions and must | ||
| separately request each extension. This subsection expires | ||
| September 1, 2027. | ||
| Sec. 247.074. GENERATOR INSPECTION. In addition to the | ||
| inspections required under Sections 247.023(a) and 247.027, the | ||
| commission shall conduct an annual inspection of each facility's | ||
| emergency generator or other power source required by Section | ||
| 247.073. The executive commissioner by rule shall prescribe a | ||
| checklist for an inspection conducted under this section. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall adopt rules necessary to implement | ||
| Sections 242.053, 242.054, 247.073, and 247.074, Health and Safety | ||
| Code, as added by this Act. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
