| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |
|
|
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 ACCREDITATION OF RECOVERY HOUSING |
|
|
Sec. 469.001. DEFINITIONS. In this chapter: |
|
|
(1) "Accrediting organization" means a nonprofit |
|
|
organization the commission approves under Section 469.002 that |
|
|
develops and administers recovery housing accreditation programs. |
|
|
(2) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
(3) "Recovery house" means a shared living environment |
|
|
that: |
|
|
(A) 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; |
|
|
(B) is centered on peer support; and |
|
|
(C) is free from alcohol and drug use. |
|
|
(4) "State health care regulatory agency" has the |
|
|
meaning assigned by Section 161.131. |
|
|
Sec. 469.002. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING. |
|
|
(a) The commission shall adopt minimum standards for accreditation |
|
|
as a recovery house that are consistent with the quality standards |
|
|
established by the National Alliance for Recovery Residences and |
|
|
the Oxford House Incorporated. The standards must prohibit an |
|
|
accredited recovery house from providing personal care services, as |
|
|
defined by Section 247.002. |
|
|
(b) The commission may approve only the National Alliance |
|
|
for Recovery Residences or the Oxford House Incorporated to serve |
|
|
as an accrediting organization in the development and |
|
|
administration of a voluntary accreditation program for recovery |
|
|
housing in accordance with this chapter. |
|
|
(c) An accrediting organization the commission approves |
|
|
under this section must: |
|
|
(1) establish recovery house accreditation |
|
|
requirements that at a minimum include the accreditation standards |
|
|
the commission adopts; |
|
|
(2) establish procedures to: |
|
|
(A) administer the issuance of recovery house |
|
|
accreditation under this chapter, including application, |
|
|
accreditation, reaccreditation, and disciplinary procedures; and |
|
|
(B) assess application accreditation and |
|
|
reaccreditation fees; |
|
|
(3) provide training to recovery house responsible |
|
|
parties designated under Section 469.004 and staff concerning the |
|
|
accreditation standards the commission adopts; |
|
|
(4) develop a code of ethics; and |
|
|
(5) provide information to the commission for the |
|
|
commission to compile the annual report required under Section |
|
|
469.005. |
|
|
Sec. 469.003. PLACES INELIGIBLE FOR ACCREDITATION AS |
|
|
RECOVERY HOUSE. The following places are ineligible for |
|
|
accreditation as a recovery house: |
|
|
(1) a home and community support services agency |
|
|
licensed under Chapter 142; |
|
|
(2) a nursing facility licensed under Chapter 242; |
|
|
(3) a continuing care facility regulated under Chapter |
|
|
246; |
|
|
(4) an assisted living facility licensed under Chapter |
|
|
247; |
|
|
(5) an intermediate care facility for individuals with |
|
|
an intellectual disability licensed under Chapter 252; |
|
|
(6) a boarding home facility as defined by Section |
|
|
260.001; |
|
|
(7) a chemical dependency treatment facility licensed |
|
|
under Subchapter A, Chapter 464; |
|
|
(8) a child-care facility licensed under Chapter 42, |
|
|
Human Resources Code; |
|
|
(9) a family violence shelter center as defined by |
|
|
Section 51.002, Human Resources Code; |
|
|
(10) an entity qualified as a community home under |
|
|
Chapter 123, Human Resources Code; and |
|
|
(11) a hotel, as defined by Section 156.001, Tax Code. |
|
|
Sec. 469.004. REQUIRED DESIGNATION OF RECOVERY HOUSE |
|
|
RESPONSIBLE PARTY BY CERTAIN RECOVERY HOUSES. (a) This section |
|
|
does not apply to a recovery house accredited by Oxford House |
|
|
Incorporated. |
|
|
(b) The standards the commission adopts must require at |
|
|
least one individual to be designated to serve as the responsible |
|
|
party of an accredited recovery house. |
|
|
(c) A designated individual: |
|
|
(1) must satisfactorily complete training the |
|
|
accrediting organization provides concerning the commission's |
|
|
accreditation standards and the organization's accreditation |
|
|
requirements; and |
|
|
(2) is responsible for administering the recovery |
|
|
house in accordance with the accreditation standards and |
|
|
requirements. |
|
|
(d) An accredited recovery house required to designate a |
|
|
responsible party under this section must notify the accrediting |
|
|
organization that issued the recovery house's accreditation before |
|
|
the 30th business day after the date of any change to the designated |
|
|
responsible party. |
|
|
Sec. 469.005. ANNUAL REPORT. The commission shall prepare |
|
|
an annual report that includes information on: |
|
|
(1) the total number of accredited recovery houses; |
|
|
(2) the number of recovery houses accredited during |
|
|
the preceding year; |
|
|
(3) any issues concerning the accreditation or |
|
|
reaccreditation process; |
|
|
(4) the number of accredited recovery houses that had |
|
|
an accreditation revoked during the preceding year; and |
|
|
(5) the reasons for the revocation. |
|
|
Sec. 469.006. SOLICITING. A recovery house responsible |
|
|
party designated under Section 469.004 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. 469.007. CERTAIN ADVERTISING PROHIBITED. (a) A |
|
|
recovery house may not advertise or otherwise communicate that the |
|
|
recovery house is accredited by an accrediting organization unless |
|
|
the recovery house is accredited by an accrediting organization in |
|
|
accordance with this chapter. |
|
|
(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. 469.008. ENFORCEMENT. If an accredited recovery house |
|
|
violates this chapter, the accrediting organization that issued the |
|
|
accreditation to the recovery house may suspend the accreditation |
|
|
for a period not to exceed six months while the accrediting |
|
|
organization conducts an audit of the recovery house. After the |
|
|
audit is complete, the accrediting organization may implement a |
|
|
corrective action plan or revoke the accreditation. |
|
|
Sec. 469.009. FUNDING. A recovery house that is not |
|
|
accredited by an accrediting organization in accordance with this |
|
|
chapter is ineligible for and may not receive state money. |
|
|
SECTION 2. Section 508.157, Government Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (e-2) to read as |
|
|
follows: |
|
|
(b) If the department does not operate or contract for the |
|
|
operation of a residential correctional facility in the county of |
|
|
legal residence of an inmate or releasee, the department may issue, |
|
|
for an inmate described by Subsection (a) or for a releasee, payment |
|
|
for the cost of temporary post-release housing that: |
|
|
(1) meets any conditions or requirements imposed by a |
|
|
parole panel; |
|
|
(2) is located in the county of legal residence of the |
|
|
inmate or releasee; and |
|
|
(3) except as provided by Subsections [Subsection] |
|
|
(e-1) and (e-2), is in a structure that existed on June 1, 2009, as a |
|
|
multifamily residence or as a motel to which Section 156.001, Tax |
|
|
Code, applies. |
|
|
(e-2) The department may pay for the cost of temporary |
|
|
post-release housing under Subsection (b) only in a recovery house, |
|
|
as defined by Section 469.001, Health and Safety Code, that is |
|
|
accredited under Chapter 469, Health and Safety Code. Subsection |
|
|
(b)(3) does not apply to a recovery house accredited under Chapter |
|
|
469, Health and Safety Code. |
|
|
SECTION 3. (a) Except as otherwise provided by this |
|
|
section, this Act takes effect September 1, 2023. |
|
|
(b) Section 508.157(b), Government Code, as amended by this |
|
|
Act, and Section 508.157(e-2), Government Code, as added by this |
|
|
Act, take effect September 1, 2024. |
|
|
(c) Section 469.009, Health and Safety Code, as added by |
|
|
this Act, takes effect September 1, 2025. |