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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a voluntary accreditation for recovery |
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housing. |
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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 RECOVERY HOUSING |
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Sec. 469.0101. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Accrediting organization" means a nonprofit |
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organization that develops and administers recovery housing |
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accreditation programs according to standards of the National |
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Alliance for Recovery Residences or standards endorsed by Oxford |
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House, Inc. |
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(3) "Recovery house" means a shared living environment |
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that promotes sustained recovery from substance use disorders by |
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integrating residents into the surrounding community and providing |
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a setting that connects residents to supports and services |
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promoting sustained recovery from substance use disorders, is |
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centered on peer support, and 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. 469.0102. VOLUNTARY ACCREDITATION OF RECOVERY |
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HOUSING. (a) The commission shall adopt minimum standards for |
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accreditation as a recovery house that are consistent with the |
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quality standards from the National Alliance for Recovery |
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Residences and Oxford House, Inc. The commission shall authorize |
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National Alliance for Recovery Residences state affiliate and |
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Oxford House as the accrediting organizations. The accrediting |
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organizations shall: |
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(1) establish recovery house accreditation |
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requirements that include, at minimum, the accreditation standards |
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adopted by the commission; |
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(2) establish procedures to: |
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(A) administer the issuance of recovery house |
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accreditation or charters under this chapter, including |
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application, accreditation, reaccreditation, and disciplinary |
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procedures; |
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(B) assess application, accreditation, and |
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reaccreditation fees; and |
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(3) provide training to recovery house responsible |
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parties and staff concerning the accreditation standards adopted by |
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the commission; |
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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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469.0105. |
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(b) The following places are not eligible for accreditation |
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or charter as a recovery house: |
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(1) a chemical dependency treatment facility licensed |
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under Subchapter A, Chapter 464; |
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(2) a boarding home facility as defined by Section |
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260.001; |
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(3) a convalescent or nursing facility licensed under |
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Chapter 242; |
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(4) a continuing care facility regulated under Chapter |
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246; |
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(5) an assisted living facility as defined by Section |
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247.002; |
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(6) a home and community support services agency |
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licensed under Chapter 142; |
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(7) an intermediate care facility for individuals with |
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an intellectual disability licensed under Chapter 252; |
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(8) an entity qualified as a community home under |
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Chapter 123, 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) a child-care facility as defined by Section |
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42.002, Human Resources Code; and |
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(11) a hotel as defined by Section 156.001, Tax Code. |
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(c) The commission's standards must prohibit an accredited |
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recovery house from providing personal care services as defined by |
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Section 247.002. |
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Sec. 469.0103. RECOVERY HOUSE RESPONSIBLE PARTY. (a) The |
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standards adopted by the commission must require that an accredited |
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or chartered recovery house designate one or more individuals as |
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the responsible party who are responsible for governing or |
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administrating the recovery home according to accreditation or |
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charter standards and who have satisfactorily completed training |
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provided by the accrediting organization concerning the |
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commission's accreditation standards and the organization's |
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accreditation requirements. |
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Sec. 469.0104. ABSENCE OF RECOVERY HOUSE RESPONSIBLE PARTY. |
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(a) An accredited or chartered recovery house must notify the |
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accrediting organization that issued its accreditation before the |
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thirtieth business day after any change to the responsible party. |
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Sec. 469.0105. ANNUAL REPORT. The commission shall prepare |
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an annual report including information on: |
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(1) the total number of accredited or chartered |
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recovery houses; |
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(2) the number of recovery houses accredited and |
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chartered in the last year; |
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(3) any issues concerning the accreditation, charter |
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or reaccreditation process; |
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(4) the number of accredited and chartered recovery |
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houses that had a accreditation revoked within the last year; and |
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(5) the reasons for the revocation of an accreditation |
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or charter. |
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Sec. 469.0106. SOLICITING. A recovery house responsible |
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party or a recovery house's employee or agent may not offer to pay |
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or agree to accept, directly or indirectly, overtly or covertly, |
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remuneration in cash or in kind to or from another for securing or |
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soliciting a patient or patronage for or from a person licensed, |
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accredited, or registered by a state health care regulatory agency. |
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Sec. 469.0107. 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 or chartered by an accrediting |
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organization unless the recovery house is accredited or chartered |
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by an accrediting organization. |
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(b) A recovery house may not advertise or cause to be |
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advertised in any manner false, misleading, or deceptive |
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information about the recovery house. |
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Sec. 469.0108. ENFORCEMENT. If an accredited or chartered |
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recovery house violates this chapter, the accrediting organization |
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that issued the accreditation to the recovery house may suspend the |
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accreditation or charter for a period of six months while the |
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accrediting organization conducts an audit of the recovery house. |
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After the audit is complete, the accrediting organization may |
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implement a corrective action plan or revoke the accreditation or |
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charter. |
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Sec. 469.0109. DISCRIMINATION. A municipality or county |
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may not adopt or enforce an ordinance, order, or other regulation |
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that prevents a recovery house from operating in a residential |
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community. |
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Sec. 469.0110. FUNDING. A recovery house that is not |
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accredited or chartered under this chapter may not receive state |
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money. |
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Sec. 469.0111. REFERRAL LIMITATION. The following entities |
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may not refer an individual to a recovery house that is not |
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accredited or chartered: |
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(1) a state agency, as defined by Section 2054.003, |
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Government Code; |
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(2) an organization receiving money from this state; |
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(3) a facility licensed under Subtitle B, Title 4; |
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(4) a chemical dependency treatment facility licensed |
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under Subchapter A, Chapter 464; and |
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(5) a health care professional licensed under Title 3, |
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Occupations Code. |
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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) Sections 469.0110 and 469.0111, Health and Safety Code, |
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as added by this Act, take effect September 1, 2025. |