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