Texas 2017 - 85th 1st C.S.

Texas House Bill HB293 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S11120 LED-D
2	2	By: Johnson of Harris H.B. No. 293
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of group homes for
8	8	recovering substance abusers; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
11	11	amended by adding Chapter 260B to read as follows:
12	12	CHAPTER 260B. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS
13	13	Sec. 260B.001. DEFINITIONS. In this chapter:
14	14	(1) "Commission" means the Health and Human Services
15	15	Commission.
16	16	(2) "Executive commissioner" means the executive
17	17	commissioner of the commission.
18	18	(3) "Group home for recovering substance abusers"
19	19	means an establishment that furnishes lodging to six or more
20	20	persons who are recovering substance abusers and who are unrelated
21	21	to the owner of the establishment by blood or marriage.
22	22	(4) "Resident" means an individual residing in a group
23	23	home for recovering substance abusers. The term does not include
24	24	the owner, operator, or employees of the group home.
25	25	Sec. 260B.002. EXEMPTIONS. This chapter does not apply to:
26	26	(1) a person required to be licensed under Chapter
27	27	142, 242, 246, 247, or 252 or governed by Chapter 260;
28	28	(2) a person exempt from licensing under Section
29	29	142.003(a)(19), 242.003(3), or 247.004(4);
30	30	(3) a hotel as defined by Section 156.001, Tax Code;
31	31	(4) a retirement community;
32	32	(5) a monastery or convent;
33	33	(6) a child-care facility as defined by Section
34	34	42.002, Human Resources Code;
35	35	(7) a family violence shelter center as defined by
36	36	Section 51.002, Human Resources Code; or
37	37	(8) a sorority or fraternity house or other dormitory
38	38	associated with an institution of higher education.
39	39	Sec. 260B.003. LICENSE REQUIRED. A person may not
40	40	establish or operate a group home for recovering substance abusers
41	41	in this state unless the person holds a license issued under this
42	42	chapter.
43	43	Sec. 260B.004. RULES. The executive commissioner by rule
44	44	shall:
45	45	(1) require that, at a minimum, before the commission
46	46	may approve an application for a group home for recovering
47	47	substance abusers license:
48	48	(A) the person applying for the license provides
49	49	identifying information to enable the commission to conduct a
50	50	criminal background check on the person; and
51	51	(B) the commission determines that the location
52	52	of the group home promotes the safety of the residents and of
53	53	neighboring residences;
54	54	(2) develop standards for the operation of a group
55	55	home for recovering substance abusers to ensure the operator of a
56	56	group home:
57	57	(A) provides to the commission evidence that all
58	58	residents of the group home are recovering substance abusers;
59	59	(B) prohibits the use by any person of alcohol or
60	60	any illegal drug in the group home; and
61	61	(C) expels a resident who uses alcohol or any
62	62	illegal drug in the group home; and
63	63	(3) establish:
64	64	(A) the manner and form for applying for a
65	65	license to establish and operate a group home for recovering
66	66	substance abusers; and
67	67	(B) the procedures for the issuance, denial,
68	68	renewal, suspension, and revocation of a license issued under this
69	69	chapter.
70	70	Sec. 260B.005. FEES. (a) The executive commissioner may
71	71	set and the commission may charge fees for issuance and renewal of a
72	72	group home for recovering substance abusers license in the amounts
73	73	reasonable and necessary to cover the costs of administering this
74	74	chapter.
75	75	(b) The executive commissioner may set and the commission
76	76	may charge reasonable fees for an inspection, survey, or
77	77	investigation made under Section 260B.007.
78	78	(c) The commission may impose fines against a group home for
79	79	recovering substance abusers for noncompliance with this chapter.
80	80	Sec. 260B.006. REQUIRED POSTING. A group home for
81	81	recovering substance abusers that holds a license issued under this
82	82	chapter shall prominently and conspicuously post for display in a
83	83	public area of the group home that is readily available to
84	84	residents, the operator, employees, and visitors:
85	85	(1) the license;
86	86	(2) a sign prescribed by the commission specifying the
87	87	manner in which complaints may be registered with the commission;
88	88	(3) a notice in a form prescribed by the commission
89	89	stating inspection and related reports are available at the group
90	90	home for public inspection and providing a telephone number to be
91	91	used to obtain information concerning the group home;
92	92	(4) a concise summary of the most recent inspection
93	93	report relating to the group home; and
94	94	(5) a notice in a form prescribed by the commission
95	95	that lists the name, location, and contact information for:
96	96	(A) the closest local public health services
97	97	agency in the proximity of the group home; and
98	98	(B) a local organization or entity that
99	99	represents or serves recovering substance abusers, including any
100	100	related toll-free contact information for reporting emergencies to
101	101	the organization or entity.
102	102	Sec. 260B.007. INSPECTIONS, SURVEYS, AND INVESTIGATIONS.
103	103	(a) The commission may conduct any inspection, survey, or
104	104	investigation the commission considers necessary and may enter the
105	105	premises of a group home for recovering substance abusers at
106	106	reasonable times to make an inspection, survey, or investigation.
107	107	(b) The commission is entitled to access to books, records,
108	108	and other documents maintained by or for a group home for recovering
109	109	substance abusers to the extent necessary to enforce the
110	110	requirements of this chapter.
111	111	SECTION 2. Not later than March 1, 2018, the executive
112	112	commissioner of the Health and Human Services Commission shall
113	113	adopt the rules necessary to implement Chapter 260B, Health and
114	114	Safety Code, as added by this Act.
115	115	SECTION 3. Notwithstanding Chapter 260B, Health and Safety
116	116	Code, as added by this Act, a group home for recovering substance
117	117	abusers is not required to obtain a license under that chapter or
118	118	comply with that chapter until April 1, 2018.
119	119	SECTION 4. This Act takes effect December 1, 2017.