Texas 2021 - 87th Regular

Texas House Bill HB292 Compare Versions

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

Old	New	Differences
1	1	87R2020 EAS-F
2	2	By: Murr H.B. No. 292
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating a voluntary certification for recovery
8	8	housing.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
11	11	amended by adding Chapter 469 to read as follows:
12	12	CHAPTER 469. VOLUNTARY RECOVERY HOUSING
13	13	Sec. 469.0101. DEFINITIONS. In this chapter:
14	14	(1) "Commission" means the Health and Human Services
15	15	Commission.
16	16	(2) "Credentialing organization" means an
17	17	organization approved by the commission that affirms that a
18	18	recovery house satisfies the criteria to become a certified
19	19	recovery house.
20	20	(3) "Recovery house" means a shared living environment
21	21	that promotes sustained recovery from substance use disorders by
22	22	integrating residents into the surrounding community and providing
23	23	a setting that connects residents to supports and services
24	24	promoting sustained recovery from substance use disorders, is
25	25	centered on peer support, and is free from alcohol and drug use.
26	26	(4) "State health care regulatory agency" has the
27	27	meaning assigned by Section 161.131.
28	28	Sec. 469.0102. VOLUNTARY CERTIFICATION OF RECOVERY
29	29	HOUSING. (a) The commission shall adopt minimum standards for
30	30	certification as a recovery house that are consistent with the
31	31	quality standards from the National Alliance for Recovery
32	32	Residences. The commission shall authorize one or more
33	33	credentialing organizations each to develop and administer a
34	34	voluntary certification program for recovery housing. A
35	35	credentialing organization shall:
36	36	(1) establish recovery house certification
37	37	requirements that include, at minimum, the certification standards
38	38	adopted by the commission;
39	39	(2) establish procedures to:
40	40	(A) administer the issuance of recovery house
41	41	certification under this chapter, including application,
42	42	certification, recertification, and disciplinary procedures;
43	43	(B) assess application, inspection, and
44	44	recertification fees; and
45	45	(C) monitor and inspect a recovery house and
46	46	staff to ensure compliance with certification requirements
47	47	established by the organization;
48	48	(3) provide training to recovery house administrators
49	49	and staff concerning the certification standards adopted by the
50	50	commission;
51	51	(4) develop a code of ethics; and
52	52	(5) provide information to the commission for the
53	53	commission to compile the annual report required under Section
54	54	469.0105.
55	55	(b) The following places are not eligible for certification
56	56	as a recovery house:
57	57	(1) a chemical dependency treatment facility licensed
58	58	under Subchapter A, Chapter 464;
59	59	(2) a boarding home facility as defined by Section
60	60	260.001;
61	61	(3) a convalescent or nursing facility licensed under
62	62	Chapter 242;
63	63	(4) a continuing care facility regulated under Chapter
64	64	246;
65	65	(5) an assisted living facility as defined by Section
66	66	247.002;
67	67	(6) a home and community support services agency
68	68	licensed under Chapter 142;
69	69	(7) an intermediate care facility for individuals with
70	70	an intellectual disability licensed under Chapter 252;
71	71	(8) an entity qualified as a community home under
72	72	Chapter 123, Human Resources Code;
73	73	(9) a family violence shelter center as defined by
74	74	Section 51.002, Human Resources Code;
75	75	(10) a child-care facility as defined by Section
76	76	42.002, Human Resources Code; and
77	77	(11) a hotel as defined by Section 156.001, Tax Code.
78	78	(c) The commission's standards must prohibit a certified
79	79	recovery house from providing personal care services as defined by
80	80	Section 247.002.
81	81	Sec. 469.0103. RECOVERY HOUSE ADMINISTRATOR. (a) The
82	82	standards adopted by the commission must require that a certified
83	83	recovery house be managed by a recovery house administrator who has
84	84	satisfactorily completed training provided by the credentialing
85	85	organization concerning the commission's certification standards
86	86	and the organization's certification requirements.
87	87	(b) Each application for certification as a recovery house
88	88	under this chapter must include the recovery house administrator's
89	89	name.
90	90	Sec. 469.0104. ABSENCE OF HOUSE ADMINISTRATOR. (a) A
91	91	certified recovery house must notify the credentialing
92	92	organization that issued its certification before the fourth
93	93	business day after the recovery house administrator resigns, is
94	94	terminated, or leaves the position for any other reason.
95	95	(b) A credentialing organization shall revoke the recovery
96	96	house certification of a recovery house that is not managed by a
97	97	trained recovery house administrator for a period that exceeds 30
98	98	days.
99	99	Sec. 469.0105. ANNUAL REPORT. The commission shall
100	100	prepare an annual report including information on:
101	101	(1) the total number of certified recovery houses;
102	102	(2) the number of recovery houses certified in the
103	103	last year;
104	104	(3) any issues concerning the certification or
105	105	recertification process;
106	106	(4) the number of certified recovery houses that had a
107	107	certification revoked within the last year; and
108	108	(5) the reasons for the revocation of a recovery
109	109	house's certification.
110	110	Sec. 469.0106. SOLICITING. A recovery house administrator
111	111	or a recovery house's employee or agent may not offer to pay or
112	112	agree to accept, directly or indirectly, overtly or covertly,
113	113	remuneration in cash or in kind to or from another for securing or
114	114	soliciting a patient or patronage for or from a person licensed,
115	115	certified, or registered by a state health care regulatory agency.
116	116	Sec. 469.0107. CERTAIN ADVERTISING PROHIBITED. (a) A
117	117	recovery house may not advertise or otherwise communicate that the
118	118	recovery house is certified by a credentialing organization unless
119	119	the recovery house is certified by a credentialing organization.
120	120	(b) A recovery house may not advertise or cause to be
121	121	advertised in any manner any false, misleading, or deceptive
122	122	information about the recovery house.
123	123	Sec. 469.0108. ENFORCEMENT. If a certified recovery house
124	124	violates this chapter, the credentialing organization that issued
125	125	the certification to the recovery house shall suspend the
126	126	certification for a period of six months while the credentialing
127	127	organization conducts an audit of the recovery house. After the
128	128	audit is complete, the credentialing organization may implement a
129	129	corrective action plan or revoke the license.
130	130	Sec. 469.0109. DISCRIMINATION. A municipality or county
131	131	may not adopt or enforce an ordinance, order, or other regulation
132	132	that prevents a recovery house from operating in a residential
133	133	community.
134	134	SECTION 2. This Act takes effect September 1, 2021.