Bill Text: TX SB1049 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to safety requirements of assisted living facilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-05-22 - Effective on 9/1/17 [SB1049 Detail]
Download: Texas-2017-SB1049-Introduced.html
Bill Title: Relating to safety requirements of assisted living facilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-05-22 - Effective on 9/1/17 [SB1049 Detail]
Download: Texas-2017-SB1049-Introduced.html
85R7581 AJZ-D | ||
By: Uresti | S.B. No. 1049 |
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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. The technical memorandum must include guidance | ||
regarding any new standard proposed or adopted by the executive | ||
commissioner under Section 247.026 that is essential to the safety | ||
of the residents of an assisted living facility and not otherwise | ||
required by this chapter. | ||
(b) The commission shall solicit comments from interested | ||
parties and experts to determine any additional minimum standards | ||
that 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 | ||
legally binding and must be followed by a person conducting a life | ||
safety code survey under this chapter. | ||
Sec. 247.0264. ACCESSIBILITY STANDARDS. Accessibility | ||
standards of assisted living facilities are governed by the Texas | ||
Commission of Licensing and Regulation in accordance with Chapter | ||
469, Government Code. The executive commissioner may not adopt | ||
rules governing the accessibility standards of assisted living | ||
facilities. | ||
SECTION 2. The heading to Section 247.027, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 247.027. INSPECTIONS; WAIVER. | ||
SECTION 3. Section 247.027, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) A municipal fire marshal may grant a waiver for a | ||
violation of a life safety requirement or fire safety standard | ||
cited in the commission's final official statement of violations | ||
after an inspection conducted under this section provided the | ||
waiver will not have any adverse effect on the safety of the | ||
residents of the assisted living facilities. | ||
SECTION 4. 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 January 1, 2012. | ||
(c) This section expires September 1, 2021. | ||
SECTION 5. Subchapter D, Chapter 247, Health and Safety | ||
Code, is amended by adding Section 247.071 to read as follows: | ||
Sec. 247.071. LOCAL CERTIFICATE OF OCCUPANCY. The | ||
commission shall recognize a certificate of occupancy or other | ||
approval issued by a municipality or county indicating that a | ||
structure complies with all building, fire, and health requirements | ||
of the municipality or county, as applicable. | ||
SECTION 6. 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 7. This Act takes effect September 1, 2017. |