HB 274

89S20250 SRA-D
		By: Flores
  H.B. No. 274
  A BILL TO BE ENTITLED
  AN ACT
  relating to requiring congregate living facilities to maintain a
  flood disaster plan and conduct an annual flood disaster plan
  drill; authorizing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 418, Government Code, is
  amended by adding Section 418.060 to read as follows:
         Sec. 418.060.  REQUIRED FLOOD DISASTER PLAN FOR CONGREGATE
  LIVING FACILITIES; ANNUAL DRILLS. (a)  In this section, "congregate
  living facility" means a facility in which individuals who are not
  related reside in close proximity and share at least one common
  room.
         (b)  Each congregate living facility shall:
               (1)  develop and implement a flood disaster plan, if
  the facility does not already have an existing flood disaster plan;
               (2)  annually conduct a drill of the facility's flood
  disaster plan; and
               (3)  submit to the division an attestation in a form and
  manner prescribed by the division that the facility conducted the
  drill.
         (c)  The annual drill described by Subsection (b)(2) is
  required to include each relevant member of the congregate living
  facility's staff on duty at the time of the drill and may exclude
  residents of the facility.
         (d)  The attorney general may bring an action to impose a
  civil penalty against a congregate living facility that fails to
  conduct an annual flood disaster plan drill in violation of this
  section in an amount not to exceed $5,000 for each violation.
         (e)  Each day a violation continues is a separate violation
  for purposes of imposing a civil penalty under this section.
         (f)  The attorney general may recover reasonable expenses
  incurred in bringing an action under this section, including court
  costs, reasonable attorney's fees, investigative costs, witness
  fees, and deposition costs.
         SECTION 2.  As soon as practicable after the effective date
  of this Act:
               (1)  each congregate living facility to which Section
  418.060, Government Code, as added by this Act, applies that does
  not have a flood disaster plan shall develop and implement such a
  plan; and
               (2)  the Texas Division of Emergency Management shall
  adopt the attestation form required by Section 418.060, Government
  Code, as added by this Act.
         SECTION 3.  A congregate living facility to which Section
  418.060, Government Code, as added by this Act, applies is not
  required to conduct the initial flood disaster plan drill required
  by that section before January 1, 2027.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.