Bill Text: TX SB1368 | 2025-2026 | 89th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-18 - Filed [SB1368 Detail]
Download: Texas-2025-SB1368-Introduced.html
| By: Miles | S.B. No. 1368 | |
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| 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. | ||
