The commission must adopt a rule requiring electric utilities to give certain medical facilities the same power-restoration priority as hospitals after an extended outage.
Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN MEDICAL FACILITIES. (a) In this section: (1) "Assisted living facility" has the meaning assigned by Section 247.002, Health and Safety Code. (2) "End stage renal disease facility" has the meaning assigned by Section 251.001, Health and Safety Code. (3) "Extended power outage" has the meaning assigned by Section 13.1395, Water Code. (4) "Hospice services" has the meaning assigned by Section 142.001, Health and Safety Code. (5) "Nursing facility" has the meaning assigned by Section 242.301, Health and Safety Code. (b) The commission by rule shall require an electric utility to give to the following the same priority that it gives to a hospital in the utility's emergency operations plan for restoring power after an extended power outage: (1) a nursing facility; (2) an assisted living facility; (3) an end stage renal disease facility; and (4) a facility that provides hospice services. (c) The rules adopted by the commission under Subsection (b) must allow an electric utility to exercise the electric utility's discretion to prioritize power restoration for a facility after an extended power outage in accordance with the facility's needs and with the characteristics of the geographic area in which power must be restored. (d) A municipally owned utility shall report the emergency operations plan for restoring power to a facility listed in Subsection (b) to the municipality's governing body or the body vested with the power to manage and operate the municipally owned utility. (e) An electric cooperative shall report the emergency operations plan for restoring power to a facility listed in Subsection (b) to the board of directors of the electric cooperative. Added by Acts 2011, 82nd Leg., R.S., Ch. 640 (S.B. 937), Sec. 1, eff. September 1, 2011. Amended by: Acts 2021, 87th Leg., R.S., Ch. 961 (S.B. 1876), Sec. 3, eff. September 1, 2021.