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Texas and Harris County Backup Power Requirements for Nursing Homes and Assisted Living Facilities

Harris County's fire code requires backup power for HVAC at nursing homes and assisted living facilities, and Texas HB 3595 adds climate-controlled refuge rules. Deadlines, fuel, and funding explained.

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By FCH Editorial Team·Updated September 24, 2026·15 min read

Why Texas Is Overhauling Backup Power Rules for Senior Care Facilities

Texas has historically left many backup power decisions for assisted living facilities to individual operators. That changed after the May 2024 derecho and Hurricane Beryl in July 2024. After Beryl, more than 2.6 million Texas power customers lost electricity, some for days, during summer heat. According to Harris County, 14 nursing homes and 30 assisted living facilities in the county were without power for several days after Beryl, and at least one assisted living resident died.

The regulatory response has come from two directions: Harris County amended its fire code to require secondary (backup) power, including HVAC, at assisted living facilities and nursing homes in unincorporated areas of the county, and the Texas Legislature passed House Bill 3595, which requires assisted living facilities statewide to plan for climate-controlled areas of refuge during power outages.

This guide explains what each rule requires, who it applies to, the compliance dates, and the practical steps for sizing, fueling, and funding a backup power system. It is current as of September 2026. Because the state law directs the Texas Health and Human Services Commission (HHSC) to write rules and construction standards, confirm the latest requirements with HHSC and your local fire code official.

Harris County Fire Code Amendment: Section 1203.2.21

Harris County's amendments to the 2021 International Fire Code add Section 1203.2.21, which requires secondary power for Group I-1 assisted living facilities and Group I-2 nursing homes. The Harris County Fire Code applies in the unincorporated areas of the county. Harris County Commissioners Court approved the change in November 2024, and it took effect January 1, 2025.

Compliance Deadline

Section 1103.11 of the county amendments requires existing Group I-1 assisted living facilities and Group I-2 nursing homes to comply with Section 1203.2.21 by January 1, 2026, or earlier if the facility undergoes a major alteration (construction cost over 50 percent of the building's appraised value) or a change of occupancy or use. The amendment adds that facilities granted time past that date need a shoreline connection point for emergency generator hookup installed before January 1, 2026.

The Harris County Fire Marshal's Office FAQ describes two compliance paths: install a connection point with a plan to have a generator or fuel cell delivered and running within three hours of an outage, or install a permanent on-site system that powers all required systems. The FAQ also says compliance is verified through annual fire inspections.

Systems That Must Be Powered

The Harris County rule goes well beyond traditional emergency lighting and fire alarm backup. Secondary power must support simultaneous operation of:

  • HVAC systems for areas occupied by residents or patients
  • Fire alarm system and fire pump, if provided
  • Emergency exit signs and egress illumination
  • Electrically operated locks or latches on egress doors that do not fail unlocked, if provided
  • Power-operated doors that cannot stay unlocked and open around the clock, if provided
  • Smoke control systems for egress safety, if provided
  • Emergency responder communication coverage systems, if provided
  • Refrigeration for food preservation and medication stability
  • Potable water booster pumps in buildings three stories or more
  • Elevators used for egress in buildings four stories or more above exit discharge
  • Other equipment and devices required for preservation of life

A later list of fire code changes posted by the Fire Marshal's Office (October 2025) revises the HVAC item to cover areas the facility designates in its emergency plan for residents or patients. The FAQ likewise tells owners to work with the Fire Marshal's Office on whole-facility versus partial HVAC coverage.

Critical Distinction

The Harris County rule requires backup power for HVAC serving resident-occupied areas, not just life-safety loads. Many existing emergency generators at senior care facilities were sized for lighting, alarms, and similar loads, so adding HVAC can greatly increase the required generator capacity.

Runtime and Fuel

Section 1203.2.21 does not set a specific runtime in hours or a minimum on-site fuel quantity. The fire code requires secondary power for the listed systems, and the facility's fire and life safety plan must describe how that power will be provided. Work with your engineer and the Fire Marshal's Office to decide how much fuel to store and how resupply will work during a long regional outage.

Where fuel is stored on site, other rules can apply:

  • NFPA 30 requirements for flammable and combustible liquid storage
  • EPA Spill Prevention, Control, and Countermeasure (SPCC) rule (40 CFR Part 112), which generally applies when aggregate aboveground oil storage exceeds 1,320 gallons (counting containers of 55 gallons or more) and the facility could reasonably be expected to discharge oil to navigable waters. The SPCC Plan is kept at the facility, not filed with EPA.
  • Local fire code setback requirements for fuel tank placement relative to buildings and property lines
  • Secondary containment provisions to prevent environmental contamination

Alternative Compliance Path

The code accepts a permanent on-site emergency or standby generator, a fuel cell, or a mobile power supply approved by the fire code official. If the source is not permanent and on site, the facility must submit a plan to the fire code official describing how secondary power will be provided, and that plan becomes part of the facility's fire and life safety plan. If the source is a mobile unit kept off site and delivered under contract, it must be able to be delivered, connected, and providing power within 3 hours of losing power. The county's fire safety and evacuation plan amendments also require assisted living plans to describe how backup power will be provided within 3 hours. This option carries risk during widespread outages, when many facilities may be calling for the same mobile units.

Texas House Bill 3595: Statewide Requirements for Assisted Living

HB 3595 (89th Legislature, Regular Session) was signed on June 20, 2025, and took effect September 1, 2025. It added Section 247.073 to the Texas Health and Safety Code. It applies to assisted living facilities licensed under Chapter 247. It does not address nursing facilities.

What HB 3595 Requires

Each assisted living facility must adopt and implement an emergency preparedness and contingency operations plan that provides, during a power outage:

  • A climate-controlled area of refuge with at least 15 square feet per resident for residents who are not bedfast
  • A climate-controlled room for each bedfast resident
  • Temperatures between 68 and 82 degrees Fahrenheit in each area of refuge and each bedfast resident's room
  • Notice to HHSC of an unplanned loss of electric utility service lasting more than 12 hours

The plan must also include the facility's policies and information on building equipment, including the location and type of any on-site generator or backup power source, and on residents, including bedfast residents and residents who depend on electrically powered medical equipment. Facilities must make the plan available to HHSC on request and give a summary to residents or family members on request. HHSC may assess penalties for violations.

Compliance Dates

  • September 1, 2025: The law took effect.
  • January 1, 2026: Each assisted living facility had to adopt and implement the plan.
  • Construction standards: HHSC must set construction and licensure standards, including backup power standards such as multiple backup power sources or a generator connection box, for facilities that receive a permit to begin construction after September 1, 2026. A facility does not have to meet those standards before the later of its first new or renewal license issued on or after September 1, 2026, or January 1, 2027.

Technology Flexibility and Local Rules

HB 3595 does not require a generator. It sets temperature and space outcomes and leaves the power source to the facility, so generators, a generator connection box for a portable unit, or other backup power sources may be used if they keep refuge areas within the required temperature range.

The law also says that, to the extent of any conflict, Section 247.073 and HHSC's rules preempt local ordinances and rules on emergency preparedness and contingency operations planning for assisted living residents. How this interacts with Harris County's fire code for Group I-1 facilities has not been settled in any source we reviewed, so assisted living operators in unincorporated Harris County should confirm their obligations with both HHSC and the Harris County Fire Marshal's Office.

Sizing a Generator for HVAC-Inclusive Backup Power

Adding HVAC to the backup power load fundamentally changes the generator sizing calculation. A generator sized only for egress lighting, fire alarm panels, and similar life-safety loads will usually be far too small to also carry cooling equipment.

Load Estimation

There is no reliable rule of thumb that converts bed count into generator size. Required capacity depends on the HVAC equipment installed, how much of the building must be conditioned (whole building or designated refuge areas only), building envelope, and the other loads the Harris County rule requires to run at the same time.

Professional Load Analysis Required

Every facility should have a professional electrical load analysis that accounts for the specific HVAC equipment installed, the areas that must be conditioned, building envelope characteristics, occupancy, and local climate. Undersizing a generator can cause equipment damage and leave residents without adequate climate control.

Key Sizing Considerations

Several factors affect generator sizing at senior care facilities:

  • Motor starting loads: HVAC compressors draw several times their running current during startup. The generator must handle these inrush currents without voltage dips that could trip other connected equipment.
  • Simultaneous loads: The Harris County rule requires HVAC, refrigeration, life-safety systems, and (in taller buildings) elevators and booster pumps to run at the same time. The generator must be sized for the combined demand.
  • Temperature and altitude derating: Generator output drops at high ambient temperatures and elevations. Check the manufacturer's derating data for your site conditions.
  • Future load growth: Adding beds, upgrading HVAC equipment, or expanding the facility all increase power requirements, so ask your engineer how much margin to include.

Fuel Type Comparison for Senior Care Facilities

The choice of fuel type has long-term implications for operating cost, maintenance burden, and regulatory compliance.

Diesel

Diesel generators are the most common choice for emergency backup and operate independently of utility infrastructure. They require on-site fuel storage, periodic fuel testing and maintenance, and are subject to EPA engine emissions rules. Storage above the SPCC threshold described earlier requires an SPCC Plan kept at the facility.

Natural Gas

Natural gas generators connect to the utility gas supply and do not require on-site fuel storage. They depend on gas service continuing during the outage, so ask your gas utility and engineer about supply reliability at your site. Note that the Texas Backup Power Package Program described below requires natural gas or propane generation paired with solar and battery storage.

Propane (LPG)

Propane generators store fuel on site and avoid the fuel-degradation issues of diesel. Propane has lower energy density than diesel, so larger tanks are needed for the same runtime. Tank sizing depends on generator size, load, and the runtime you plan for.

Funding and Financial Assistance

Capital cost for an HVAC-capable backup power system varies widely with facility size, the areas to be conditioned, and site conditions, so get engineered quotes. The programs below may help, but eligibility and funding availability change; confirm current status before planning around any of them.

Texas Backup Power Package Program (TBPP)

The TBPP is one of four programs under the Texas Energy Fund. The Public Utility Commission of Texas (PUCT) adopted the rule establishing it on May 7, 2026. It provides grants and loans to critical facilities, including hospitals, nursing homes, and assisted living facilities, for backup power packages. Packages must be able to run for at least 48 continuous hours without refueling and must combine natural gas or propane generation with solar panels and battery storage. The PUCT's December 2025 proposed rule (16 TAC 25.513) capped grants at $500 per kilowatt, with loans structured as forgivable loans, and limited aggregated packages at a site to 2.5 megawatts of load; confirm these figures against the final adopted rule. A diesel-only generator would not qualify. Check the PUCT and Texas Energy Fund for application windows.

USDA Rural Energy for America Program (REAP)

REAP provides loan guarantees and grants to agricultural producers and rural small businesses (for-profit entities in areas of 50,000 residents or less) for renewable energy systems and energy efficiency improvements, such as solar or high-efficiency HVAC. Grants can cover up to 50 percent of eligible project costs. REAP does not fund fossil-fuel generators, and as of September 2026 USDA's program page says the agency is not accepting REAP grant applications, although guaranteed loan applications may still be submitted.

SBA 504 Loans

The Small Business Administration's 504 loan program provides long-term, fixed-rate financing for major fixed assets, including buildings and long-lived machinery and equipment. It is limited to for-profit businesses, so nonprofit operators are not eligible.

Resilience-as-a-Service

Some power system providers offer turnkey resilience solutions structured as service agreements rather than capital purchases. The provider installs, owns, and maintains the system while the facility pays a recurring fee over a multi-year term. This avoids upfront capital but usually costs more over the life of the equipment, so compare total cost carefully.

Compliance Status and Action Steps

As of September 2026, both the Harris County deadline (January 1, 2026) and the HB 3595 plan deadline (January 1, 2026) have passed. Facilities that are not yet compliant should act now.

Harris County Nursing Homes and Assisted Living Facilities

  1. Confirm your compliance path with the Harris County Fire Marshal's Office: permanent on-site system, or connection point plus a mobile power supply plan that meets the 3-hour requirement
  2. Conduct a professional electrical load analysis that includes HVAC for the resident areas you must condition
  3. Assess current generator capacity against the Section 1203.2.21 load list to determine the gap
  4. Update the fire and life safety plan and fire safety and evacuation plan to describe how secondary power will be provided
  5. Obtain permits for generator installation and fuel storage, then complete installation and commissioning
  6. Establish a fuel management program, including delivery contracts and fuel quality testing, and document the system with as-built drawings and operating instructions

Texas Assisted Living Facilities (HB 3595)

  1. Confirm your emergency preparedness and contingency operations plan designates areas of refuge (at least 15 square feet per resident) and bedfast rooms that can be held between 68 and 82 degrees Fahrenheit
  2. Document backup power equipment and residents who depend on electrically powered medical equipment in the plan
  3. Set up the 12-hour outage notice to HHSC
  4. Watch for HHSC rules and construction standards, especially if you are planning new construction or have a license renewal after September 1, 2026
  5. Review funding options such as the TBPP before selecting equipment, since program rules may dictate the technology

What This Means for Generator Service Providers

The Harris County rule and HB 3595 increase demand for backup power planning, installation, and maintenance at Texas senior care facilities, especially systems that can carry HVAC loads.

Service providers should anticipate increased demand for:

  • Professional load analysis and engineering services
  • Generator systems with extended fuel storage or reliable gas supply
  • Generator connection boxes and shoreline connection points for mobile units
  • Automatic transfer switch upgrades to handle larger loads
  • Preventive maintenance contracts that satisfy NFPA 110 requirements
  • Fuel management services including delivery contracts and fuel testing
  • Contracted mobile power that can meet Harris County's 3-hour delivery requirement

Disclaimer

This article references Texas House Bill 3595 and Harris County Fire Code amendments as of September 2026. HHSC rulemaking under HB 3595 may add requirements, and other counties or municipalities may adopt their own rules. The information provided is for educational purposes and does not constitute legal or engineering advice. Facility managers should consult with licensed engineers, legal counsel, HHSC, and their local Authority Having Jurisdiction (AHJ) to confirm specific compliance obligations for their facilities.

Sources and References

Important Disclaimer

The information provided in this article is intended for general educational purposes only and should not be considered legal, regulatory, or professional compliance advice. Content is based primarily on national standards including NFPA (National Fire Protection Association), EPA (Environmental Protection Agency), ASHRAE, and ICC (International Code Council) publications current as of the date of publication.

Compliance requirements vary significantly by state, county, and municipality. Local Authorities Having Jurisdiction (AHJs) may adopt, amend, or supplement national codes with additional requirements. Always verify applicable requirements with your local AHJ, a licensed professional engineer, or a qualified compliance consultant before making compliance decisions for your facility.

FacilityComplianceHub.org and its sponsors assume no liability for actions taken based on the information presented on this site.

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