H.B. No. 1423         AN ACT   relating to the regulation and inspection procedures of certain   long-term care facilities, including a survey of certain   facilities' emergency power sources.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 242.043(a), Health and Safety Code, is   amended to read as follows:          (a)  The commission [department] or the commission's   [department's] representative may make any inspection, including   an unannounced inspection or follow-up inspection,  survey, or   investigation that it considers necessary and may enter the   premises of an institution at reasonable times to make an   inspection, survey, or investigation in accordance with department   rules.          SECTION 2.  Sections 242.044(a) and (b), Health and Safety   Code, are amended to read as follows:          (a)  The commission [Each licensing period, the department]   shall annually conduct at least one [two] unannounced inspection   [inspections] of each institution.          (b)  For at least one [two] unannounced annual inspection    [inspections each licensing period] of an institution, the   commission [department] shall invite at least one person as a   citizen advocate from:                (1)  the AARP;                (2)  the Texas Senior Citizen Association;                (3)  the department's Certified Long-term Care   Ombudsman; or                (4)  another statewide organization for the elderly.          SECTION 3.  Subchapter B, Chapter 242, Health and Safety   Code, is amended by adding Sections 242.0441 and 242.0442 to read as   follows:          Sec. 242.0441.  FOLLOW-UP INSPECTIONS. (a) The commission   or the commission's representative may conduct a follow-up   inspection of an institution after conducting an inspection,   survey, or investigation of the institution under Section 242.043   or 242.044 to:                (1)  evaluate and monitor the findings of the initial   inspection, survey, or investigation; and                (2)  ensure the commission is citing and punishing   institutional deficiencies consistently across the state.          (b)  If an institution corrects a deficiency cited during a   follow-up inspection within the time specified by executive   commissioner rule, the commission may not impose additional   punitive actions for the deficiency.          Sec. 242.0442.  COMMISSION EVALUATION OF REGULATORY   CAPACITY. (a) Not later than January 31 of each year, the   commission shall evaluate the commission's capacity to regulate   institutions under this chapter and formulate a strategy to   effectively perform licensing duties, enforcement activities, and   complaint investigations for that year.          (b)  The commission shall continue to regularly evaluate the   commission's capacity to regulate institutions under this chapter   and implement corrective measures as necessary.          (c)  The commission shall monitor the commission's staffing   of employees who perform inspections, surveys, or investigations of   institutions under this chapter and fill any vacant positions as   soon as possible.          (d)  Not later than January 1 of each year, the commission   shall evaluate the commission's compliance during the previous year   with Sections 242.043, 242.044, and 242.0441.          SECTION 4.  (a) The Health and Human Services Commission   shall conduct a survey on the number of facilities licensed under   Chapter 242, Health and Safety Code, and the number of assisted   living facilities licensed under Chapter 247, Health and Safety   Code, that are equipped with an operational emergency generator or   comparable emergency power source that is capable of providing   continuous electric utility services to the facility during severe   weather events or other emergencies.          (b)  The Health and Human Services Commission shall break   down the results of the survey conducted under Subsection (a) based   on:                (1)  the type of facility;                (2)  the size of the facility; and                (3)  the geographic location of the facility.          (c)  Not later than September 1, 2022, the Health and Human   Services Commission shall submit the results of the survey   conducted under Subsection (a) of this section to the members of the   House Human Services Committee and the Senate Health and Human   Services Committee, or the successor of those committees.          SECTION 5.  This Act takes effect September 1, 2021.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1423 was passed by the House on May 7,   2021, by the following vote:  Yeas 101, Nays 39, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 1423 on May 28, 2021, by the following vote:  Yeas 84, Nays 57,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1423 was passed by the Senate, with   amendments, on May 24, 2021, by the following vote:  Yeas 29, Nays   1.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor