HB3595 - Relating to an emergency preparedness and contingency operations plan, including temperature regulation, for assisted living facility residents during an emergency; providing penalties.

      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