Bill Text: TX HB4431 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the creation of a voluntary accreditation for recovery housing and the post-release housing of certain inmates on parole or to mandatory supervision in an accredited recovery house; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-15 - Received from the House [HB4431 Detail]
Download: Texas-2023-HB4431-Engrossed.html
| 88R24676 EAS-F | ||
| By: Wilson | H.B. No. 4431 | |
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| relating to the creation of a voluntary accreditation for recovery | ||
| housing and the post-release housing of certain inmates on parole | ||
| or to mandatory supervision in an accredited recovery house; | ||
| authorizing fees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 469 to read as follows: | ||
| CHAPTER 469. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING | ||
| Sec. 469.001. DEFINITIONS. In this chapter: | ||
| (1) "Accrediting organization" means a nonprofit | ||
| organization the commission approves under Section 469.002 that | ||
| develops and administers recovery housing accreditation programs. | ||
| (2) "Commission" means the Health and Human Services | ||
| Commission. | ||
| (3) "Recovery house" means a shared living environment | ||
| that: | ||
| (A) promotes sustained recovery from substance | ||
| use disorders by integrating residents into the surrounding | ||
| community and providing a setting that connects residents to | ||
| supports and services promoting sustained recovery from substance | ||
| use disorders; | ||
| (B) is centered on peer support; and | ||
| (C) is free from alcohol and drug use. | ||
| (4) "State health care regulatory agency" has the | ||
| meaning assigned by Section 161.131. | ||
| Sec. 469.002. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING. | ||
| (a) The commission shall adopt minimum standards for accreditation | ||
| as a recovery house that are consistent with the quality standards | ||
| established by the National Alliance for Recovery Residences and | ||
| the Oxford House Incorporated. The standards must prohibit an | ||
| accredited recovery house from providing personal care services, as | ||
| defined by Section 247.002. | ||
| (b) The commission may approve only the National Alliance | ||
| for Recovery Residences or the Oxford House Incorporated to serve | ||
| as an accrediting organization in the development and | ||
| administration of a voluntary accreditation program for recovery | ||
| housing in accordance with this chapter. | ||
| (c) An accrediting organization the commission approves | ||
| under this section must: | ||
| (1) establish recovery house accreditation | ||
| requirements that at a minimum include the accreditation standards | ||
| the commission adopts; | ||
| (2) establish procedures to: | ||
| (A) administer the issuance of recovery house | ||
| accreditation under this chapter, including application, | ||
| accreditation, reaccreditation, and disciplinary procedures; and | ||
| (B) assess application accreditation and | ||
| reaccreditation fees; | ||
| (3) provide training to recovery house responsible | ||
| parties designated under Section 469.004 and staff concerning the | ||
| accreditation standards the commission adopts; | ||
| (4) develop a code of ethics; and | ||
| (5) provide information to the commission for the | ||
| commission to compile the annual report required under Section | ||
| 469.005. | ||
| Sec. 469.003. PLACES INELIGIBLE FOR ACCREDITATION AS | ||
| RECOVERY HOUSE. The following places are ineligible for | ||
| accreditation as a recovery house: | ||
| (1) a home and community support services agency | ||
| licensed under Chapter 142; | ||
| (2) a nursing facility licensed under Chapter 242; | ||
| (3) a continuing care facility regulated under Chapter | ||
| 246; | ||
| (4) an assisted living facility licensed under Chapter | ||
| 247; | ||
| (5) an intermediate care facility for individuals with | ||
| an intellectual disability licensed under Chapter 252; | ||
| (6) a boarding home facility as defined by Section | ||
| 260.001; | ||
| (7) a chemical dependency treatment facility licensed | ||
| under Subchapter A, Chapter 464; | ||
| (8) a child-care facility licensed under Chapter 42, | ||
| Human Resources Code; | ||
| (9) a family violence shelter center as defined by | ||
| Section 51.002, Human Resources Code; | ||
| (10) an entity qualified as a community home under | ||
| Chapter 123, Human Resources Code; and | ||
| (11) a hotel, as defined by Section 156.001, Tax Code. | ||
| Sec. 469.004. REQUIRED DESIGNATION OF RECOVERY HOUSE | ||
| RESPONSIBLE PARTY BY CERTAIN RECOVERY HOUSES. (a) This section | ||
| does not apply to a recovery house accredited by Oxford House | ||
| Incorporated. | ||
| (b) The standards the commission adopts must require at | ||
| least one individual to be designated to serve as the responsible | ||
| party of an accredited recovery house. | ||
| (c) A designated individual: | ||
| (1) must satisfactorily complete training the | ||
| accrediting organization provides concerning the commission's | ||
| accreditation standards and the organization's accreditation | ||
| requirements; and | ||
| (2) is responsible for administering the recovery | ||
| house in accordance with the accreditation standards and | ||
| requirements. | ||
| (d) An accredited recovery house required to designate a | ||
| responsible party under this section must notify the accrediting | ||
| organization that issued the recovery house's accreditation before | ||
| the 30th business day after the date of any change to the designated | ||
| responsible party. | ||
| Sec. 469.005. ANNUAL REPORT. The commission shall prepare | ||
| an annual report that includes information on: | ||
| (1) the total number of accredited recovery houses; | ||
| (2) the number of recovery houses accredited during | ||
| the preceding year; | ||
| (3) any issues concerning the accreditation or | ||
| reaccreditation process; | ||
| (4) the number of accredited recovery houses that had | ||
| an accreditation revoked during the preceding year; and | ||
| (5) the reasons for the revocation. | ||
| Sec. 469.006. SOLICITING. A recovery house responsible | ||
| party designated under Section 469.004 or a recovery house's | ||
| employee or agent may not offer to pay or agree to accept, directly | ||
| or indirectly, overtly or covertly, remuneration in cash or in kind | ||
| to or from another for securing or soliciting a patient or patronage | ||
| for or from a person licensed, certified, or registered by a state | ||
| health care regulatory agency. | ||
| Sec. 469.007. CERTAIN ADVERTISING PROHIBITED. (a) A | ||
| recovery house may not advertise or otherwise communicate that the | ||
| recovery house is accredited by an accrediting organization unless | ||
| the recovery house is accredited by an accrediting organization in | ||
| accordance with this chapter. | ||
| (b) A recovery house may not advertise or cause to be | ||
| advertised in any manner any false, misleading, or deceptive | ||
| information about the recovery house. | ||
| Sec. 469.008. ENFORCEMENT. If an accredited recovery house | ||
| violates this chapter, the accrediting organization that issued the | ||
| accreditation to the recovery house may suspend the accreditation | ||
| for a period not to exceed six months while the accrediting | ||
| organization conducts an audit of the recovery house. After the | ||
| audit is complete, the accrediting organization may implement a | ||
| corrective action plan or revoke the accreditation. | ||
| Sec. 469.009. FUNDING. A recovery house that is not | ||
| accredited by an accrediting organization in accordance with this | ||
| chapter is ineligible for and may not receive state money. | ||
| SECTION 2. Section 508.157, Government Code, is amended by | ||
| amending Subsection (b) and adding Subsection (e-2) to read as | ||
| follows: | ||
| (b) If the department does not operate or contract for the | ||
| operation of a residential correctional facility in the county of | ||
| legal residence of an inmate or releasee, the department may issue, | ||
| for an inmate described by Subsection (a) or for a releasee, payment | ||
| for the cost of temporary post-release housing that: | ||
| (1) meets any conditions or requirements imposed by a | ||
| parole panel; | ||
| (2) is located in the county of legal residence of the | ||
| inmate or releasee; and | ||
| (3) except as provided by Subsections [ |
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| (e-1) and (e-2), is in a structure that existed on June 1, 2009, as a | ||
| multifamily residence or as a motel to which Section 156.001, Tax | ||
| Code, applies. | ||
| (e-2) The department may pay for the cost of temporary | ||
| post-release housing under Subsection (b) only in a recovery house, | ||
| as defined by Section 469.001, Health and Safety Code, that is | ||
| accredited under Chapter 469, Health and Safety Code. Subsection | ||
| (b)(3) does not apply to a recovery house accredited under Chapter | ||
| 469, Health and Safety Code. | ||
| SECTION 3. (a) Except as otherwise provided by this | ||
| section, this Act takes effect September 1, 2023. | ||
| (b) Section 508.157(b), Government Code, as amended by this | ||
| Act, and Section 508.157(e-2), Government Code, as added by this | ||
| Act, take effect September 1, 2024. | ||
| (c) Section 469.009, Health and Safety Code, as added by | ||
| this Act, takes effect September 1, 2025. | ||
