Harris County nursing home generator requirement stands, a new Texas law reaches only the assisted living half of the mandate

The county fire code requires every nursing home and assisted living facility in unincorporated Harris County to have backup power that starts within 3 hours of an outage, with a compliance deadline of January 1, 2026. House Bill 3595, effective September 1, 2025, preempts local rules like the county rule for assisted living facilities only, not for nursing homes, which Texas regulates under a separate law.

31hours after an outage begins that backup power must switch on under the Harris County generator requirement
1204nursing homes and assisted living facilities in unincorporated Harris County that must meet the requirement
September 1, 20253date a new Texas law took effect that reaches only the assisted living half of the county requirement

What the Harris County nursing home generator requirement covers

The Harris County nursing home generator requirement forces every nursing home and assisted living facility in unincorporated Harris County, the part of the county that has no city government, to install backup power that starts within 3 hours after an outage begins. The rule is an amendment to the county fire code, the local safety standard facilities must pass to keep an operating license. It took effect January 1, 2025, and gave facilities until January 1, 2026, a full 12 months, to comply. The backup power has to keep heating and cooling running, along with emergency communication systems, medical equipment essential to life support, and the powered doors and elevators facilities use to evacuate residents.

Power isn't just a convenience, it's survival.

Lesley Briones, Harris County Commissioner, Precinct 4. Source 1.

The rule exists because Harris County facilities have already failed without it. During Hurricane Beryl, 14 nursing homes and 30 assisted living facilities in Harris County lost power for several days, and at least 1 assisted living resident death is linked to the loss of power and the heat that followed.

Facilities that lost power during Hurricane BerylNursing homesAssisted living
01020304014Nursing,homes30Assisted,livingfacilities

Both figures are from source 1, Harris County facility counts during Hurricane Beryl.

Source 1.

Show the numbers
Nursing, homes14
Assisted, living30

During Winter Storm Uri, 10% of Texas nursing homes and nearly 33% of Texas assisted living facilities lost power, and over 100 senior deaths statewide are blamed on hypothermia. Federal law already requires nursing homes to have a generator, but county officials say most of those generators do not keep medical equipment or climate control running, the gap the new fire code closes. Compliance with the rule will now be checked during the annual state inspection every facility must pass to renew a license.

Texas facilities that lost power during Winter Storm Uri
Nursing homes10Assisted living facilities33010203040percent of facilities

Source 1 states nearly 33% for assisted living facilities. Both figures describe Texas statewide during Winter Storm Uri, not Harris County alone.

Source 1.

Show the numbers
Nursing homes10
Assisted living facilities33

How a new Texas law limits the Harris County nursing home generator requirement

Eight months later, the Texas legislature passed a separate law covering some of the same ground, House Bill 3595, effective September 1, 2025. The law creates Health and Safety Code section 247.073, which requires every assisted living facility in Texas, not just Harris County, to adopt an emergency preparedness plan by January 1, 2026, the same date the county compliance deadline lands. The plan must include a climate controlled refuge area that holds a temperature between 68 and 82 degrees Fahrenheit, with at least 15 square feet of space for every resident who is not bedfast, and a separate climate controlled room for residents who are. The state law does not require a generator or any specific power source, only that temperature and space outcome.

Advocates worry that this is already an industry that has shown it's wary to installing backup power.

Claire Hao, Houston Chronicle energy and power grid reporter. Source 5.

Reading the enrolled bill text directly against the county fire code amendment shows the state law reaches less than the whole county mandate. Subsection j of House Bill 3595 preempts only rules covering assisted living facility residents, the exact term the bill defines earlier in the bill own text, and Texas regulates nursing homes under a separate part of the Health and Safety Code, chapter 242, not chapter 247, the chapter this bill amends. The Harris County fire code covers both nursing homes and assisted living facilities in the same amendment, so the state law can only reach the assisted living half of that mandate, not the nursing home half.

Whether Harris County will change or defend the nursing home half of the mandate against the new state law is not yet settled. No source found for this article states how many of the 120 facilities required to comply had met the January 1, 2026 deadline by the time it arrived, or whether the county has revised the rule since House Bill 3595 took effect.

Sources

  1. Commissioner Lesley Briones Leads Effort to Mandate Backup Power for HVAC Systems at Assisted Living and Nursing Facilities. Harris County Commissioner Precinct 4 Newsroom. Published 2025-01-08. Accessed 2026-09-16.
  2. Harris County's Updated Fire Codes, Protecting Our Most Vulnerable. Harris County Commissioner Precinct 4 Newsroom. Published 2025-01-10. Accessed 2026-09-16.
  3. H.B. No. 3595, enrolled, 89th Texas Legislature, Regular Session. Texas Legislature Online. Published effective 2025-09-01. Accessed 2026-09-16.
  4. New Harris County mandate requires assisted living and nursing homes to have backup power. ABC13 Houston, KTRK. Published 2025-01-09. Accessed 2026-09-16.
  5. Texas law may block backup power mandates for assisted living facilities. ABC13 Houston, KTRK. Published 2025-07-11. Accessed 2026-09-16.

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