HB 200 would create a new chapter in the Texas Health and Safety Code requiring certain facilities that serve vulnerable populations to maintain an emergency communication device that works even when landlines or cell towers are unavailable. The bill applies to facilities serving children, elderly individuals, and people with disabilities if the facility is located in a floodplain or has previously experienced a disaster that cut off communication inside the facility. Covered facilities would need to keep equipment such as portable satellite communications devices or radios available for emergency use.
The bill also creates a private right of action, allowing an individual receiving services at a covered facility to sue for damages if the facility violates the requirement. A successful claimant could recover attorney’s fees and costs. The measure would take effect 91 days after the end of the legislative session.
Impact
HB 200 would add Chapter 787 to the Health and Safety Code and impose a new operational and legal duty on certain care facilities in flood-prone or disaster-affected settings. It would affect facilities serving vulnerable populations by requiring backup communication capability during emergencies, and it would expose noncompliant facilities to civil liability, including damages and attorney’s fees. The bill would therefore create both a compliance mandate and a new enforcement mechanism for affected facilities and their operators.
Sentiment
The available discussion suggests skepticism about the bill’s drafting, with at least one committee comment stating that the language “causes more problems than it solves.” No vote record is provided, so there is no formal committee or floor vote sentiment to assess. Overall, the bill appears to have prompted concern about practicality and implementation rather than broad support or opposition being documented in the materials provided.
Contention
The main point of contention appears to be whether the bill’s requirements are workable and whether the language is sufficiently precise. The committee commentary indicates concern that the proposal may create unintended complications for facilities rather than improving emergency preparedness. Potentially contentious issues include the scope of covered facilities, the trigger conditions based on floodplain location or prior disaster impacts, the cost of acquiring and maintaining satellite or radio equipment, and the bill’s private right of action with attorney’s fees, which could increase litigation risk for facilities.
Relating to the maintenance of National Oceanic and Atmospheric Administration (NOAA) weather alert radios by certain campgrounds, hotels, and recreational vehicle parks.