HB4250 - Relating to emergency generators or other power sources for nursing facilities, assisted living facilities, and certain multiunit complexes; providing a civil penalty.

  89R12224 LRM-D     By: Reynolds H.B. No. 4250       A BILL TO BE ENTITLED   AN ACT   relating to emergency generators or other power sources for nursing   facilities, assisted living facilities, and certain multiunit   complexes; providing a civil penalty.          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 during a power outage for a   minimum of 72 hours in:                 (1)     an area in the facility of sufficient size to at   all times safely maintain residents as appropriate for resident   needs; and                 (2)     for a facility that maintains 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, 2026.   A facility may submit a request to   the commission for an extension for a period not to exceed one year   to comply in good faith with Subsection (a).   A facility may not   request more than two additional one-year extensions and must   separately request each extension.   This subsection expires   September 1, 2029.           Sec.   242.054.     GENERATOR INSPECTION. (a)   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.           (b)     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 during a   power outage for a minimum of 72 hours in:                 (1)     an area in the facility of sufficient size to at   all times safely maintain residents as appropriate for resident   needs; and                 (2)     for a facility that maintains 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, 2026.   A facility may submit a   request to the commission for an extension for a period not to   exceed one year to comply in good faith with Subsection (a).   A   facility may not request more than two additional one-year   extensions and must separately request each extension. This   subsection expires September 1, 2029.           Sec.   247.074.     GENERATOR INSPECTION. (a)   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.           (b)     The executive commissioner by rule shall prescribe a   checklist for an inspection conducted under this section.          SECTION 3.  Chapter 92, Property Code, is amended by adding   Subchapter J to read as follows:   SUBCHAPTER J. EMERGENCY GENERATORS FOR CERTAIN MULTIUNIT COMPLEXES           Sec. 92.371.  DEFINITIONS. In this subchapter:                 (1)     "Authorized resident" means a tenant or an   individual who is authorized by a lease to occupy a dwelling but is   not obligated under the lease to pay rent.                 (2)     "Landlord" and "multiunit complex" have the   meanings assigned by Section 92.151.             Sec.   92.372.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies to a multiunit complex with more than 50 units in which at   least 75 percent of the units are occupied by at least one   authorized resident who is 55 years of age or older.           Sec.   92.373.     EMERGENCY GENERATOR OR OTHER POWER SOURCE.   (a) The landlord of a multiunit complex to which this subchapter   applies shall ensure the multiunit complex 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 during a power outage for a minimum of 72 hours in an   area on the premises of the multiunit complex that:                 (1)     is of sufficient size to maintain safely at all   times authorized residents who are 55 years of age or older; and                 (2)     is appropriate for the needs of authorized   residents who are 55 years of age or older.           (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.           Sec.   92.374.     CIVIL PENALTY.     (a)     A landlord who violates   Section 92.373 is liable to this state for a civil penalty in an   amount not to exceed $5,000 for each violation. Each day a   violation continues is a separate violation for purposes of   imposing the civil penalty.           (b)     The attorney general or the prosecuting attorney in the   county in which the violation occurs may bring an action to recover   the civil penalty imposed under Subsection (a).           (c)     The attorney general or the prosecuting attorney in the   county in which the violation occurs, as appropriate, is entitled   to recover reasonable expenses in bringing an action under this   section, including reasonable attorney's fees, court costs, and   investigatory costs.          SECTION 4.  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 5.  A landlord of a multiunit complex is not required   to comply with Subchapter J, Chapter 92, Property Code, as added by   this Act, before September 1, 2026.          SECTION 6.  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, 2025.