Bill Text: TX HB4095 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to safety requirements of assisted living facilities.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2017-05-08 - Laid on the table subject to call [HB4095 Detail]
Download: Texas-2017-HB4095-Comm_Sub.html
| 85R23119 AJZ-D | |||
| By: Klick, et al. | H.B. No. 4095 | ||
| Substitute the following for H.B. No. 4095: | |||
| By: Minjarez | C.S.H.B. No. 4095 | ||
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| relating to safety requirements of assisted living facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 247, Health and Safety | ||
| Code, is amended by adding Sections 247.0263 and 247.0264 to read as | ||
| follows: | ||
| Sec. 247.0263. LIFE SAFETY CODE TECHNICAL MEMORANDUM. (a) | ||
| At least twice each year, the commission shall issue a technical | ||
| memorandum providing guidance on the interpretation of minimum life | ||
| safety code standards prescribed under this chapter and by | ||
| commission rule. Any new requirement that relates to an existing | ||
| standard must first appear in a technical memorandum. | ||
| (b) The commission shall solicit comments from interested | ||
| parties and experts to assist in determining which standards need | ||
| to be addressed in a technical memorandum issued under this | ||
| section. | ||
| (c) The commission shall post the technical memorandum on | ||
| the commission's Internet website. | ||
| (d) A technical memorandum issued under this section is | ||
| binding and must be followed by a person conducting a life safety | ||
| code survey under this chapter. | ||
| (e) This section does not affect the commission's | ||
| rulemaking process. | ||
| Sec. 247.0264. ACCESSIBILITY STANDARDS. (a) The Texas | ||
| Department of Licensing and Regulation governs the interpretation | ||
| and enforcement of accessibility standards in assisted living | ||
| facilities as provided by Chapter 469, Government Code. | ||
| (b) An assisted living facility that during initial | ||
| licensing passed an on-site inspection by the Texas Department of | ||
| Licensing and Regulation relating to the facility's compliance with | ||
| the accessibility standards may not be cited by the commission for a | ||
| violation relating to the accessibility standards. If the | ||
| commission issues a citation relating to compliance with | ||
| accessibility standards to a facility that has not been inspected | ||
| by the Texas Department of Licensing and Regulation for compliance | ||
| with the accessibility standards, the commission shall rescind the | ||
| citation on the facility's passage of the on-site inspection by the | ||
| Texas Department of Licensing and Regulation. | ||
| SECTION 2. Subchapter B, Chapter 247, Health and Safety | ||
| Code, is amended by adding Section 247.0273 to read as follows: | ||
| Sec. 247.0273. LIFE SAFETY CODE. (a) The executive | ||
| commissioner by rule shall specify an edition of the Life Safety | ||
| Code of the National Fire Protection Association to be used in | ||
| establishing the life safety requirements for an assisted living | ||
| facility licensed under this chapter. | ||
| (b) The rules adopted under Subsection (a) must specify an | ||
| edition of the Life Safety Code of the National Fire Protection | ||
| Association issued on or after August 1, 2011. | ||
| (c) This section expires September 1, 2021. | ||
| SECTION 3. Subchapter D, Chapter 247, Health and Safety | ||
| Code, is amended by adding Section 247.071 to read as follows: | ||
| Sec. 247.071. LOCAL APPROVAL OF ASSISTED LIVING FACILITY. | ||
| (a) In this section, "governmental unit" means a municipality, | ||
| county, or other political subdivision of the state that has the | ||
| authority to adopt a building code or fire code. | ||
| (b) A governmental unit that adopts a building code or fire | ||
| code governs the interpretation and enforcement of that building | ||
| code or fire code. | ||
| (c) The commission may not issue a citation for a violation | ||
| of a building code or fire code adopted by a governmental unit to an | ||
| assisted living facility that presents evidence of the governmental | ||
| unit's determination that the assisted living facility is compliant | ||
| with the code. If the commission cites an assisted living facility | ||
| for a building code or fire code violation and the assisted living | ||
| facility subsequently provides the evidence described by this | ||
| subsection, the commission shall rescind the citation. | ||
| (d) Subsection (c) does not restrict the authority of the | ||
| commission to issue a citation to an assisted living facility for a | ||
| violation of any National Fire Protection Association codes or | ||
| standards adopted under this chapter. | ||
| 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 the rules necessary to implement | ||
| the changes in law made by this Act. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
