87R16903 EAS-F
 
  By: Minjarez, Murr H.B. No. 544
 
  Substitute the following for H.B. No. 544:
 
  By:  Klick C.S.H.B. No. 544
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating a voluntary certification for recovery
  housing.
         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 RECOVERY HOUSING
         Sec. 469.0101.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Credentialing organization" means an
  organization approved by the commission that affirms that a
  recovery house satisfies the criteria to become a certified
  recovery house.
               (3)  "Recovery house" means a shared living environment
  that 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, is
  centered on peer support, and is free from alcohol and drug use.
               (4)  "State health care regulatory agency" has the
  meaning assigned by Section 161.131.
         Sec. 469.0102.  VOLUNTARY CERTIFICATION OF RECOVERY
  HOUSING. (a)  The commission shall adopt minimum standards for
  certification as a recovery house that are consistent with the
  quality standards from the National Alliance for Recovery
  Residences.  The commission shall authorize one or more
  credentialing organizations each to develop and administer a
  voluntary certification program for recovery housing.  A
  credentialing organization shall:
               (1)  establish recovery house certification
  requirements that include, at minimum, the certification standards
  adopted by the commission;
               (2)  establish procedures to:
                     (A)  administer the issuance of recovery house
  certification under this chapter, including application,
  certification, recertification, and disciplinary procedures;
                     (B)  assess application, inspection, and
  recertification fees; and
                     (C)  monitor and inspect a recovery house and
  staff to ensure compliance with certification requirements
  established by the organization;
               (3)  provide training to recovery house administrators
  and staff concerning the certification standards adopted by the
  commission;
               (4)  develop a code of ethics; and
               (5)  provide information to the commission for the
  commission to compile the annual report required under Section
  469.0105.
         (b)  The following places are not eligible for certification
  as a recovery house:
               (1)  a chemical dependency treatment facility licensed
  under Subchapter A, Chapter 464;
               (2)  a boarding home facility as defined by Section
  260.001;
               (3)  a convalescent or nursing facility licensed under
  Chapter 242;
               (4)  a continuing care facility regulated under Chapter
  246;
               (5)  an assisted living facility as defined by Section
  247.002;
               (6)  a home and community support services agency
  licensed under Chapter 142;
               (7)  an intermediate care facility for individuals with
  an intellectual disability licensed under Chapter 252;
               (8)  an entity qualified as a community home under
  Chapter 123, Human Resources Code;
               (9)  a family violence shelter center as defined by
  Section 51.002, Human Resources Code;
               (10)  a child-care facility as defined by Section
  42.002, Human Resources Code; and
               (11)  a hotel as defined by Section 156.001, Tax Code.
         (c)  The commission's standards must prohibit a certified
  recovery house from providing personal care services as defined by
  Section 247.002.
         Sec. 469.0103.  RECOVERY HOUSE ADMINISTRATOR.  (a) The
  standards adopted by the commission must require that a certified
  recovery house be managed by a recovery house administrator who has
  satisfactorily completed training provided by the credentialing
  organization concerning the commission's certification standards
  and the organization's certification requirements.
         (b)  Each application for certification as a recovery house
  under this chapter must include the recovery house administrator's
  name.
         Sec. 469.0104.  ABSENCE OF HOUSE ADMINISTRATOR. (a)  A
  certified recovery house must notify the credentialing
  organization that issued its certification before the fourth
  business day after the recovery house administrator resigns, is
  terminated, or leaves the position for any other reason.
         (b)  A credentialing organization may revoke the recovery
  house certification of a recovery house that is not managed by a
  trained recovery house administrator for a period that exceeds 30
  days.
         Sec. 469.0105.  ANNUAL REPORT. The commission shall
  prepare an annual report including information on:
               (1)  the total number of certified recovery houses;
               (2)  the number of recovery houses certified in the
  last year;
               (3)  any issues concerning the certification or
  recertification process;
               (4)  the number of certified recovery houses that had a
  certification revoked within the last year; and
               (5)  the reasons for the revocation of a recovery
  house's certification.
         Sec. 469.0106.  SOLICITING. A recovery house administrator
  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. 469.0107.  CERTAIN ADVERTISING PROHIBITED. (a)  A
  recovery house may not advertise or otherwise communicate that the
  recovery house is certified by a credentialing organization unless
  the recovery house is certified by a credentialing organization.
         (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. 469.0108.  ENFORCEMENT. If a certified recovery house
  violates this chapter, the credentialing organization that issued
  the certification to the recovery house may suspend the
  certification for a period of six months while the credentialing
  organization conducts an audit of the recovery house.  After the
  audit is complete, the credentialing organization may implement a
  corrective action plan or revoke the license.
         Sec. 469.0109.  DISCRIMINATION. A municipality or county
  may not adopt or enforce an ordinance, order, or other regulation
  that prevents a recovery house from operating in a residential
  community.
         Sec. 469.0110.  FUNDING. A recovery house that is not
  certified under this chapter may not receive state money.
         Sec. 469.0111.  REFERRAL LIMITATION. The following entities
  may not refer an individual to a recovery house that is not
  certified:
               (1)  a state agency, as defined by Section 2054.003,
  Government Code;
               (2)  an organization receiving money from this state;
               (3)  a facility licensed under Subtitle B, Title 4;
               (4)  a chemical dependency treatment facility licensed
  under Subchapter A, Chapter 464; and
               (5)  a health care professional licensed under Title 3,
  Occupations Code.
         SECTION 2.  (a)  Except as otherwise provided by this
  section, this Act takes effect September 1, 2021.
         (b)  Sections 469.0110 and 469.0111, Health and Safety Code,
  as added by this Act, take effect September 1, 2023.