Relating to an emergency preparedness and contingency operations plan, including temperature regulation, for assisted living facility residents during an emergency; providing penalties, the official text

H.B. No. 3595

AN ACT

relating to an emergency preparedness and contingency operations

plan, including temperature regulation, for assisted living

facility residents during an emergency; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 247, Health and Safety

Code, is amended by adding Section 247.073 to read as follows:

Sec. 247.073. EMERGENCY PREPAREDNESS AND CONTINGENCY

OPERATIONS PLAN; TEMPERATURE REGULATION. (a) In this section:

(1) "Area of refuge" means a climate-controlled area

in an assisted living facility that is designated for use during a

power outage, or other emergency that does not require the

evacuation of the entire facility, to provide safety, care, and

other resources to residents.

(2) "Bedfast resident" means an assisted living

facility resident who:

(A) is unable to transfer out of bed and unable to

turn and position themselves in bed; and

(B) is unable to be transported by another person

during an emergency.

(b) An assisted living facility shall adopt and implement an

emergency preparedness and contingency operations plan that

requires the facility to provide in the event of a power outage:

(1) for each assisted living facility resident other

than a bedfast resident, a climate-controlled area of refuge with

at least 15 square feet per resident;

(2) for each bedfast resident, a climate-controlled

room; and

(3) notice to the commission of an unplanned

interruption or loss for more than 12 hours of electric utility

service.

(c) An emergency preparedness and contingency operations

plan adopted in accordance with this section must require an

assisted living facility to maintain a temperature between 68 and

82 degrees Fahrenheit for:

(1) each area of refuge designated for assisted living

facility residents; and

(2) each climate-controlled room for bedfast

residents.

(d) The executive commissioner shall adopt rules to enforce

this section.

(e) The commission shall establish construction and

licensure standards for assisted living facilities for which a

permit is issued to begin construction after September 1, 2026,

including standards for:

(1) backup power systems, such as the integration of

multiple backup power sources or the use of a generator connection

box to connect a building of the facility to a backup power source;

and

(2) the evacuation of assisted living facility

residents to an area of refuge or climate-controlled room, as

applicable, in emergencies.

(f) An assisted living facility on request shall make the

emergency preparedness and contingency operations plan required by

this section available to the commission in the form and manner

prescribed by the commission.

(g) An assisted living facility shall include in the

emergency preparedness and contingency operations plan adopted in

accordance with this section its policies and information on:

(1) building equipment, if any, including the location

of and type of on-site generator equipment or backup power source;

and

(2) assisted living facility residents, including

bedfast residents and residents who are dependent on electrically

powered medical equipment.

(h) On request, an assisted living facility shall provide a

summary of the facility's emergency preparedness and contingency

operations plan adopted in accordance with this section to a

facility resident or a resident's family member.

(i) The commission may assess a penalty in accordance with

Subchapter C against an assisted living facility found in violation

of this section.

(j) To the extent of any conflict, this section and rules

adopted under this section preempt and supersede any ordinance,

resolution, rule, or other regulation adopted by a political

subdivision of this state relating to emergency preparedness and

contingency operations planning for assisted living facility

residents during an emergency.

SECTION 2. (a) Not later than January 1, 2026, each assisted

living facility shall adopt and implement an emergency preparedness

and contingency operations plan as required by Section 247.073,

Health and Safety Code, as added by this Act.

(b) Notwithstanding Section 247.073(e), Health and Safety

Code, as added by this Act, an assisted living facility is not

required to comply with the construction and licensure standards

established under that subsection before the later of:

(1) the first date that the assisted living facility

is issued a new or renewal license under Chapter 247, Health and

Safety Code, on or after September 1, 2026; or

(2) January 1, 2027.

SECTION 3. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 3595 was passed by the House on April

29, 2025, by the following vote: Yeas 116, Nays 30, 2 present, not

voting; that the House refused to concur in Senate amendments to

H.B. No. 3595 on May 29, 2025, and requested the appointment of a

conference committee to consider the differences between the two

houses; and that the House adopted the conference committee report

on H.B. No. 3595 on May 31, 2025, by the following vote: Yeas 110,

Nays 23, 2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3595 was passed by the Senate, with

amendments, on May 26, 2025, by the following vote: Yeas 30, Nays

1; at the request of the House, the Senate appointed a conference

committee to consider the differences between the two houses; and

that the Senate adopted the conference committee report on H.B. No.

3595 on May 31, 2025, by the following vote: Yeas 22, Nays 9.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor