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89(R) HB 3595 - Enrolled version - Bill Text
H.B. No. 3595
AN ACT
relating to an emergency preparedness and contingency operations
plan, including temperature regulation, for assisted living
facility residents during an emergency; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 that does not require the
evacuation of the entire facility, to provide safety, care, and
other resources to residents.
(2)
"Bedfast resident" means an assisted living
facility resident who:
(A)
is unable to transfer out of bed and unable to
turn and position themselves in bed; and
(B)
is unable to be transported by another person
during an emergency.
(b)
An assisted living facility shall adopt and implement an
emergency preparedness and contingency operations plan that
requires the facility to provide in the event of a power outage:
(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 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
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 for which a
permit is issued to begin construction after September 1, 2026,
including standards for:
(1)
backup power systems, such as the integration of
multiple backup power sources or the use of a generator connection
box to connect a building of the facility to a backup power source;
and
(2)
the evacuation of assisted living facility
residents to an area of refuge or climate-controlled room, as
applicable, in emergencies.
(f)
An assisted living facility on request shall make the
emergency preparedness and contingency operations plan required by
this section available 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, if any, including the location
of and type of on-site generator equipment or backup power source;
and
(2)
assisted living facility residents, including
bedfast residents and residents who are dependent on electrically
powered medical equipment.
(h)
On request, an assisted living facility shall provide a
summary of the facility's emergency preparedness and contingency
operations plan adopted in accordance with this section to a
facility resident or a resident's family member.
(i)
The commission may assess a penalty in accordance with
Subchapter C against an assisted living facility found in violation
of this section.
(j)
To the extent of any conflict, this section and rules
adopted under this section preempt and supersede any ordinance,
resolution, rule, or other regulation adopted by a political
subdivision of this state relating to emergency preparedness and
contingency operations planning for assisted living facility
residents during an emergency.
SECTION 2. (a) Not later than January 1, 2026, 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 Section 247.073(e), Health and Safety
Code, as added by this Act, an assisted living facility is not
required to comply with the construction and licensure standards
established under that subsection before the later of:
(1) the first date that the assisted living facility
is issued a new or renewal license under Chapter 247, Health and
Safety Code, on or after September 1, 2026; or
(2) January 1, 2027.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 3595 was passed by the House on April
29, 2025, by the following vote: Yeas 116, Nays 30, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3595 on May 29, 2025, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3595 on May 31, 2025, by the following vote: Yeas 110,
Nays 23, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3595 was passed by the Senate, with
amendments, on May 26, 2025, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3595 on May 31, 2025, by the following vote: Yeas 22, Nays 9.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor