S.B. No. 1049

	AN ACT
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1049 passed the Senate on
	April 19, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1049 passed the House on
	May 9, 2017, by the following vote:  Yeas 144, Nays 1, one present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor