HB2218 - Relating to required emergency generators or other backup power sources in certain nursing facilities, assisted living facilities, and senior independent living communities; providing civil penalties.

  89R5954 LRM-D     By: Hernandez H.B. No. 2218       A BILL TO BE ENTITLED   AN ACT   relating to required emergency generators or other backup power   sources in certain nursing facilities, assisted living facilities,   and senior independent living communities; providing civil   penalties.          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 Section 242.053 to read as follows:           Sec.   242.053.     EMERGENCY GENERATOR OR OTHER BACKUP POWER   SOURCE REQUIRED IN NURSING FACILITIES WITH ELEVATORS. (a)   Each   nursing facility licensed under this chapter that maintains and   operates an elevator shall install and maintain on the premises of   each facility building that contains an elevator:                 (1)     an operational emergency generator or other backup   power source with enough capacity to power an elevator in the   building for a minimum of 48 hours during a power outage; and                 (2)     a sufficient fuel supply to power the emergency   generator or power source for the period described by Subdivision   (1).           (b)     A nursing facility that violates Subsection (a) is   liable for a civil penalty of not more than $500 for each violation.   Each month a violation continues is considered a separate violation   for purposes of assessing the civil penalty.           (c)     The attorney general may bring suit to recover the civil   penalty authorized by Subsection (b).          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 GENERATOR OR OTHER BACKUP POWER   SOURCE REQUIRED IN ASSISTED LIVING FACILITIES WITH ELEVATORS. (a)     Each assisted living facility licensed under this chapter that   maintains and operates an elevator shall install and maintain on   the premises of each facility building that contains an elevator:                 (1)     an operational emergency generator or backup power   source with enough capacity to power an elevator in the building for   a minimum of 48 hours during a power outage; and                 (2)     a sufficient fuel supply to power the emergency   generator or power source for the period described by Subdivision   (1).           (b)     An assisted living facility that violates Subsection   (a) is liable for a civil penalty of not more than $500 for each   violation. Each month a violation continues is considered a   separate violation for purposes of assessing the civil penalty.           (c)     The attorney general may bring suit to recover the civil   penalty authorized by Subsection (b).          SECTION 3.  Subtitle B, Title 9, Health and Safety Code, is   amended by adding Chapter 786 to read as follows:   CHAPTER 786.     EMERGENCY GENERATORS FOR SENIOR INDEPENDENT LIVING   COMMUNITIES           Sec. 786.001.  DEFINITIONS.  In this chapter:                 (1)     "Common amenity" means an amenity or service   offered or provided to residents of a multiunit residential   community, including:                       (A)  concierge services;                       (B)  a library;                       (C)  common dining services;                       (D)  housekeeping services; and                       (E)  full-time security.                 (2)     "Senior independent living community" means a   residential community or a portion of a residential community that:                       (A)     is intended and operated for occupancy by at   least one individual 55 years of age or older for each unit;                       (B)     contains not fewer than 20 residential units   in one or more multiunit buildings that are available to occupy; and                       (C)  provides common amenities.           Sec. 786.002.  EXEMPTIONS.  This chapter does not apply to:                 (1)     a health care institution as defined by Section   74.001, Civil Practice and Remedies Code;                 (2)     a boarding home facility as defined by Section   260.001 that holds a permit issued under Chapter 260;                 (3)     a supportive housing facility for elderly   individuals operated under Section 202, the National Housing Act   (12 U.S.C. Section 1701q);                 (4)     a center for independent living as defined by   Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.   Section 796a); or                 (5)     any other facility that is regulated by the Health   and Human Services Commission or in accordance with rules adopted   by the Centers for Medicare and Medicaid Services.           Sec.   786.003.     EMERGENCY GENERATOR OR OTHER BACKUP POWER   SOURCE REQUIRED IN SENIOR INDEPENDENT LIVING COMMUNITIES WITH   ELEVATORS. (a)   Each senior independent living community that   maintains and operates an elevator shall install and maintain on   the premises of each building in the community that contains an   elevator:                 (1)     an operational emergency generator or backup power   source with enough capacity to power an elevator in the building for   a minimum of 48 hours during a power outage; and                 (2)     a sufficient fuel supply to power the emergency   generator or power source for the period described by Subdivision   (1).           (b)     A senior independent living community that violates   Subsection (a) is liable for a civil penalty of not more than $1,000   for each violation. Each month a violation continues is considered   a separate violation for purposes of assessing the civil penalty.           (c)     The attorney general may bring suit to recover the civil   penalty authorized by Subsection (b).          SECTION 4.  (a)  A nursing facility is not required to   comply with Section 242.053, Health and Safety Code, as added by   this Act, before March 1, 2026.          (b)  An assisted living facility is not required to comply   with Section 247.073, Health and Safety Code, as added by this Act,   before March 1, 2026.          (c)  A senior independent living community is not required to   comply with Chapter 786, Health and Safety Code, as added by this   Act, before March 1, 2026.          SECTION 5.  This Act takes effect September 1, 2025.