Bill Text: TX HB4558 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to emergency planning requirements for certain independent senior living facilities; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Human Services [HB4558 Detail]
Download: Texas-2021-HB4558-Introduced.html
87R12254 JG-D | ||
By: Ramos | H.B. No. 4558 |
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relating to emergency planning requirements for certain | ||
independent senior living facilities; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is | ||
amended by adding Chapter 260B to read as follows: | ||
CHAPTER 260B. INDEPENDENT SENIOR LIVING FACILITIES | ||
Sec. 260B.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Health and Human Services | ||
Commission. | ||
(2) "Independent senior living facility" means a | ||
residential facility or a portion of a residential facility that | ||
leases separate dwelling units to residents who are generally | ||
required to be 55 years of age or older. | ||
(3) "Resident" means a resident of an independent | ||
senior living facility. | ||
Sec. 260B.002. APPLICABILITY. This chapter applies only to | ||
an independent senior living facility in which not less than 75 | ||
percent of the residents residing in the facility are 70 years of | ||
age or older. | ||
Sec. 260B.003. EMERGENCY PLANNING REQUIREMENTS; REPORTS. | ||
(a) Not later than November 1 of each year, each independent senior | ||
living facility to which this chapter applies shall prepare and | ||
submit to the commission a written report outlining the facility's | ||
emergency plans for energy and water capacity and reliability | ||
during a severe weather storm. | ||
(b) Not later than November 1 of each even-numbered year, | ||
the commission shall provide to the governor, lieutenant governor, | ||
speaker of the house of representatives, and standing committees of | ||
the legislature with primary jurisdiction over urban affairs: | ||
(1) the reports submitted under Subsection (a); and | ||
(2) a summary of the information contained in the | ||
reports. | ||
Sec. 260B.004. CIVIL PENALTY. (a) An independent senior | ||
living facility that fails to submit the report required under | ||
Section 260B.003 is liable for a civil penalty of not more than | ||
$1,000 for each violation. Each day of a continuing violation | ||
constitutes a separate ground for recovery. | ||
(b) On request of the commission, the attorney general may | ||
bring an action in a district court to collect a civil penalty under | ||
this section. The attorney general and the commission may recover | ||
reasonable expenses incurred in obtaining relief under this | ||
section, including court costs, attorney's fees, investigation | ||
costs, witness fees, and deposition expenses. | ||
SECTION 2. This Act takes effect September 1, 2021. |