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TexasHB 359589th Legislature Regular SessionHouse

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

Sponsored By: Jeff Barry, Drew Darby, Donna Howard, Ann Johnson, Ken King, Charles Perry (Republican)

Signed by Governor

AgingDisaster Preparedness & ReliefNursing HomesASSISTED LIVING FACILITIESHEALTH & HUMAN SERVICES COMMISSION

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Emergency protections for assisted living residents

The law takes effect September 1, 2025; Texas assisted living facilities must adopt and implement emergency plans by January 1, 2026. During power outages, plans must provide climate-controlled refuge areas with at least 15 square feet per resident who is not bedfast. Each bedfast resident must have a climate-controlled room; both rooms and refuge areas must stay between 68°F and 82°F. Bedfast means unable to leave bed, turn or reposition in bed, or be transported by another person during an emergency. Refuge areas provide safety, care, and resources during outages or other emergencies that do not require full evacuation. Facilities must report unplanned electric utility outages lasting more than 12 hours to the Texas Health and Human Services Commission. Plans must describe equipment policies, backup power locations and types, and residents’ needs, including those using electrically powered medical equipment. On request, facilities must give the commission their plans in its required format and give residents or families a summary. The commission’s executive commissioner must adopt enforcement rules, and the commission may assess penalties for violations under existing penalty procedures.

Safety rules for new assisted living

Beginning September 1, 2025, the Texas Health and Human Services Commission must set construction and licensing standards for certain new assisted living facilities. These cover facilities with permits to begin construction issued after September 1, 2026. Standards must address backup power systems and emergency evacuation to refuge areas or climate-controlled rooms. Backup power standards include options such as multiple backup sources or a connection box for an outside power source. Compliance is not required before the later of January 1, 2027, or the facility’s first new or renewed license issued on or after September 1, 2026.

State overrides conflicting assisted living rules

Beginning September 1, 2025, state assisted living emergency planning requirements and rules override conflicting local regulations. This makes state requirements controlling but limits local governments’ authority to set conflicting requirements. Local rules are displaced only where they conflict.

Sponsors & Cosponsors

Sponsors

  • Jeff Barry

    House

  • Drew Darby

    House

  • Donna Howard

    House

  • Ann Johnson

    House

  • Ken King

    House

  • Charles Perry

    Republican • Senate

Cosponsors

  • Ryan Guillen

    House

  • Suleman Lalani

    House

  • Penny Morales Shaw

    House

  • Chris Turner

    House

Roll Call Votes

All Roll Calls

Yes: 612 • No: 110

Senate vote • 5/31/2025

Record vote

Yes: 21 • No: 10

House vote • 5/31/2025

Record vote

Yes: 110 • No: 23

Senate vote • 5/26/2025

Record vote

Yes: 30 • No: 1

Senate vote • 5/26/2025

Record vote

Yes: 30 • No: 1

Senate vote • 5/26/2025

Record vote

Yes: 30 • No: 1

Senate vote • 5/26/2025

Record vote

Yes: 28 • No: 3

House vote • 4/29/2025

Record vote

Yes: 116 • No: 30

House vote • 4/28/2025

Record vote

Yes: 120 • No: 23

House vote • 4/28/2025

Record vote

Yes: 111 • No: 15

House vote • Unknown

Committee vote: Human Services

Yes: 8 • No: 3

Senate vote • Unknown

Committee vote: Health & Human Services

Yes: 8 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House

  2. Signed by the Governor

    6/20/2025House

  3. Sent to the Governor

    6/2/2025House

  4. Signed in the Senate

    6/1/2025Senate

  5. Signed in the House

    6/1/2025House

  6. Reported enrolled

    6/1/2025House

  7. Senate adopts conf. comm. report-reported

    5/31/2025House

  8. Record vote

    5/31/2025Senate

  9. Senate adopts conference committee report

    5/31/2025Senate

  10. House adopts conf. comm. report-reported

    5/31/2025Senate

  11. Statement(s) of vote recorded in Journal

    5/31/2025House

  12. Record vote (RV#4106)

    5/31/2025House

  13. House adopts conference committee report

    5/31/2025House

  14. Conf. Comm. Report distributed

    5/30/2025House

  15. Conference committee report filed

    5/30/2025Senate

  16. Senate appoints conferees-reported

    5/29/2025House

  17. Senate grants request for conf comm-reported

    5/29/2025House

  18. Senate appoints conferees

    5/29/2025Senate

  19. Senate grants request for conference comm.

    5/29/2025Senate

  20. House appoints conferees-reported

    5/29/2025Senate

  21. House requests conference committee-reported

    5/29/2025Senate

  22. House refuses to concur-reported

    5/29/2025Senate

  23. House appoints conferees

    5/29/2025House

  24. House requests conference committee

    5/29/2025House

  25. House refuses to concur in Senate amendments

    5/29/2025House

Bill Text

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