88R2195 SGM-F
 
  By: Wilson H.B. No. 4431
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to municipal regulation of structured sober living homes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 229, Local Government Code, is amended
  by adding Subchapter D to read as follows:
  SUBCHAPTER D. STRUCTURED SOBER LIVING HOMES
         Sec. 229.151.  DEFINITION OF STRUCTURED SOBER LIVING HOME.
  (a) In this subchapter, "structured sober living home" means a
  program in which a person:
               (1)  provides alcohol-free or drug-free housing;
               (2)  promotes independent living and life skills
  development; and
               (3)  provides structured activities for recovery from
  substance abuse disorders in a supervised setting to a group of
  unrelated individuals who are:
                     (A)  recovering from alcohol or drug addiction;
  and
                     (B)  receiving outpatient behavioral health
  services for substance abuse or addiction treatment while residing
  in the program's home.
         (b)  The term "structured sober living home" does not include
  a person who requires a related family member to receive outpatient
  behavioral health services for substance abuse or addiction
  treatment as a condition of continuing to reside in the person's
  residence.
         Sec. 229.152.  REGULATION OF STRUCTURED SOBER LIVING HOMES.
  (a) A municipality by ordinance may adopt standards for structured
  sober living homes that comply with state and federal fair housing
  laws and the Americans with Disabilities Act of 1990 (42 U.S.C.
  Section 12101 et seq.).
         (b)  Standards adopted under Subsection (a) may require
  structured sober living homes to:
               (1)  provide written notice to residents and potential
  residents that includes:
                     (A)  the name and address of the property in which
  the home is operated; and
                     (B)  for the property in which the home is
  operated:
                           (i)  the property owner's name, address, and
  telephone number; and
                           (ii)  if the property is leased, a copy of
  the lease that states that the property is to be used as a
  structured sober living home;
               (2)  supervise residents during all hours of operation;
  and
               (3)  establish and maintain an operation plan to:
                     (A)  facilitate the rehabilitative process,
  including discharge planning;
                     (B)  address the maintenance of the property in
  which the home is operated; and
                     (C)  comply with municipal noise abatement
  requirements.
         (c)  A municipality may exempt a structured sober living home
  from the standards adopted under this section if the home is subject
  to adequate oversight by another governmental entity or contractor.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.