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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal regulation of structured sober living homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 229, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. STRUCTURED SOBER LIVING HOMES |
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Sec. 229.151. DEFINITION OF STRUCTURED SOBER LIVING HOME. |
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(a) In this subchapter, "structured sober living home" means a |
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program in which a person: |
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(1) provides alcohol-free or drug-free housing; |
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(2) promotes independent living and life skills |
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development; and |
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(3) provides structured activities for recovery from |
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substance abuse disorders in a supervised setting to a group of |
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unrelated individuals who are: |
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(A) recovering from alcohol or drug addiction; |
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and |
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(B) receiving outpatient behavioral health |
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services for substance abuse or addiction treatment while residing |
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in the program's home. |
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(b) The term "structured sober living home" does not include |
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a person who requires a related family member to receive outpatient |
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behavioral health services for substance abuse or addiction |
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treatment as a condition of continuing to reside in the person's |
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residence. |
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Sec. 229.152. REGULATION OF STRUCTURED SOBER LIVING HOMES. |
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(a) A municipality by ordinance may adopt standards for structured |
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sober living homes that comply with state and federal fair housing |
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laws and the Americans with Disabilities Act of 1990 (42 U.S.C. |
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Section 12101 et seq.). |
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(b) Standards adopted under Subsection (a) may require |
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structured sober living homes to: |
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(1) provide written notice to residents and potential |
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residents that includes: |
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(A) the name and address of the property in which |
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the home is operated; and |
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(B) for the property in which the home is |
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operated: |
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(i) the property owner's name, address, and |
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telephone number; and |
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(ii) if the property is leased, a copy of |
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the lease that states that the property is to be used as a |
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structured sober living home; |
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(2) supervise residents during all hours of operation; |
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and |
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(3) establish and maintain an operation plan to: |
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(A) facilitate the rehabilitative process, |
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including discharge planning; |
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(B) address the maintenance of the property in |
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which the home is operated; and |
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(C) comply with municipal noise abatement |
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requirements. |
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(c) A municipality may exempt a structured sober living home |
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from the standards adopted under this section if the home is subject |
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to adequate oversight by another governmental entity or contractor. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |