Bill Text: TX HB4431 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
88R2195 SGM-F | ||
By: Wilson | H.B. No. 4431 |
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relating to municipal regulation of structured sober living homes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 229, Local Government Code, is amended | ||
by adding Subchapter D to read as follows: | ||
SUBCHAPTER D. STRUCTURED SOBER LIVING HOMES | ||
Sec. 229.151. DEFINITION OF STRUCTURED SOBER LIVING HOME. | ||
(a) In this subchapter, "structured sober living home" means a | ||
program in which a person: | ||
(1) provides alcohol-free or drug-free housing; | ||
(2) promotes independent living and life skills | ||
development; and | ||
(3) provides structured activities for recovery from | ||
substance abuse disorders in a supervised setting to a group of | ||
unrelated individuals who are: | ||
(A) recovering from alcohol or drug addiction; | ||
and | ||
(B) receiving outpatient behavioral health | ||
services for substance abuse or addiction treatment while residing | ||
in the program's home. | ||
(b) The term "structured sober living home" does not include | ||
a person who requires a related family member to receive outpatient | ||
behavioral health services for substance abuse or addiction | ||
treatment as a condition of continuing to reside in the person's | ||
residence. | ||
Sec. 229.152. REGULATION OF STRUCTURED SOBER LIVING HOMES. | ||
(a) A municipality by ordinance may adopt standards for structured | ||
sober living homes that comply with state and federal fair housing | ||
laws and the Americans with Disabilities Act of 1990 (42 U.S.C. | ||
Section 12101 et seq.). | ||
(b) Standards adopted under Subsection (a) may require | ||
structured sober living homes to: | ||
(1) provide written notice to residents and potential | ||
residents that includes: | ||
(A) the name and address of the property in which | ||
the home is operated; and | ||
(B) for the property in which the home is | ||
operated: | ||
(i) the property owner's name, address, and | ||
telephone number; and | ||
(ii) if the property is leased, a copy of | ||
the lease that states that the property is to be used as a | ||
structured sober living home; | ||
(2) supervise residents during all hours of operation; | ||
and | ||
(3) establish and maintain an operation plan to: | ||
(A) facilitate the rehabilitative process, | ||
including discharge planning; | ||
(B) address the maintenance of the property in | ||
which the home is operated; and | ||
(C) comply with municipal noise abatement | ||
requirements. | ||
(c) A municipality may exempt a structured sober living home | ||
from the standards adopted under this section if the home is subject | ||
to adequate oversight by another governmental entity or contractor. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |