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