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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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