88R24676 EAS-F
 
  By: Wilson H.B. No. 4431
 
  Substitute the following for H.B. No. 4431:
 
  By:  Lozano C.S.H.B. No. 4431
 
 
 
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.