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AN ACT
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relating to the construction of certain assisted living facilities |
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located within a floodplain in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0251 to read as follows: |
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Sec. 247.0251. CONSTRUCTION IN 100-YEAR FLOODPLAIN IN |
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CERTAIN COUNTIES PROHIBITED. (a) In this section, "100-year |
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floodplain" means an area that is subject to inundation by a |
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100-year flood, which is a flood that has a one percent or greater |
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chance of occurring in any given year, as determined from maps or |
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other data from the Federal Emergency Management Agency, or, if not |
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mapped by the Federal Emergency Management Agency, from the United |
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States Department of Agriculture soil maps. |
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(b) In a county with a population of 3.3 million or more, the |
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executive commissioner by rule shall prohibit the construction of a |
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new assisted living facility licensed under this chapter within a |
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100-year floodplain. |
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(c) The prohibition on new construction under this section |
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does not apply to expansions or renovations of existing assisted |
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living facilities. |
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SECTION 2. Section 247.0251, Health and Safety Code, as |
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added by this Act, applies only to the construction of a new |
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assisted living facility that begins on or after the effective date |
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of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1681 was passed by the House on May 5, |
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2021, by the following vote: Yeas 130, Nays 15, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1681 on May 28, 2021, by the following vote: Yeas 114, Nays 33, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1681 was passed by the Senate, with |
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amendments, on May 25, 2021, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |