85S11120 LED-D
By: Johnson of Harris H.B. No. 293
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of group homes for
recovering substance abusers; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 260B to read as follows:
CHAPTER 260B. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS
Sec. 260B.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the commission.
(3) "Group home for recovering substance abusers"
means an establishment that furnishes lodging to six or more
persons who are recovering substance abusers and who are unrelated
to the owner of the establishment by blood or marriage.
(4) "Resident" means an individual residing in a group
home for recovering substance abusers. The term does not include
the owner, operator, or employees of the group home.
Sec. 260B.002. EXEMPTIONS. This chapter does not apply to:
(1) a person required to be licensed under Chapter
142, 242, 246, 247, or 252 or governed by Chapter 260;
(2) a person exempt from licensing under Section
142.003(a)(19), 242.003(3), or 247.004(4);
(3) a hotel as defined by Section 156.001, Tax Code;
(4) a retirement community;
(5) a monastery or convent;
(6) a child-care facility as defined by Section
42.002, Human Resources Code;
(7) a family violence shelter center as defined by
Section 51.002, Human Resources Code; or
(8) a sorority or fraternity house or other dormitory
associated with an institution of higher education.
Sec. 260B.003. LICENSE REQUIRED. A person may not
establish or operate a group home for recovering substance abusers
in this state unless the person holds a license issued under this
chapter.
Sec. 260B.004. RULES. The executive commissioner by rule
shall:
(1) require that, at a minimum, before the commission
may approve an application for a group home for recovering
substance abusers license:
(A) the person applying for the license provides
identifying information to enable the commission to conduct a
criminal background check on the person; and
(B) the commission determines that the location
of the group home promotes the safety of the residents and of
neighboring residences;
(2) develop standards for the operation of a group
home for recovering substance abusers to ensure the operator of a
group home:
(A) provides to the commission evidence that all
residents of the group home are recovering substance abusers;
(B) prohibits the use by any person of alcohol or
any illegal drug in the group home; and
(C) expels a resident who uses alcohol or any
illegal drug in the group home; and
(3) establish:
(A) the manner and form for applying for a
license to establish and operate a group home for recovering
substance abusers; and
(B) the procedures for the issuance, denial,
renewal, suspension, and revocation of a license issued under this
chapter.
Sec. 260B.005. FEES. (a) The executive commissioner may
set and the commission may charge fees for issuance and renewal of a
group home for recovering substance abusers license in the amounts
reasonable and necessary to cover the costs of administering this
chapter.
(b) The executive commissioner may set and the commission
may charge reasonable fees for an inspection, survey, or
investigation made under Section 260B.007.
(c) The commission may impose fines against a group home for
recovering substance abusers for noncompliance with this chapter.
Sec. 260B.006. REQUIRED POSTING. A group home for
recovering substance abusers that holds a license issued under this
chapter shall prominently and conspicuously post for display in a
public area of the group home that is readily available to
residents, the operator, employees, and visitors:
(1) the license;
(2) a sign prescribed by the commission specifying the
manner in which complaints may be registered with the commission;
(3) a notice in a form prescribed by the commission
stating inspection and related reports are available at the group
home for public inspection and providing a telephone number to be
used to obtain information concerning the group home;
(4) a concise summary of the most recent inspection
report relating to the group home; and
(5) a notice in a form prescribed by the commission
that lists the name, location, and contact information for:
(A) the closest local public health services
agency in the proximity of the group home; and
(B) a local organization or entity that
represents or serves recovering substance abusers, including any
related toll-free contact information for reporting emergencies to
the organization or entity.
Sec. 260B.007. INSPECTIONS, SURVEYS, AND INVESTIGATIONS.
(a) The commission may conduct any inspection, survey, or
investigation the commission considers necessary and may enter the
premises of a group home for recovering substance abusers at
reasonable times to make an inspection, survey, or investigation.
(b) The commission is entitled to access to books, records,
and other documents maintained by or for a group home for recovering
substance abusers to the extent necessary to enforce the
requirements of this chapter.
SECTION 2. Not later than March 1, 2018, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement Chapter 260B, Health and
Safety Code, as added by this Act.
SECTION 3. Notwithstanding Chapter 260B, Health and Safety
Code, as added by this Act, a group home for recovering substance
abusers is not required to obtain a license under that chapter or
comply with that chapter until April 1, 2018.
SECTION 4. This Act takes effect December 1, 2017.