Texas 2021 - 87th Regular

Texas House Bill HB544 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R16903 EAS-F
2	2		By: Minjarez, Murr H.B. No. 544
	3	+	Substitute the following for H.B. No. 544:
	4	+	By: Klick C.S.H.B. No. 544
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to creating a voluntary certification for recovery
8	10		housing.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
11	13		amended by adding Chapter 469 to read as follows:
12	14		CHAPTER 469. VOLUNTARY RECOVERY HOUSING
13	15		Sec. 469.0101. DEFINITIONS. In this chapter:
14	16		(1) "Commission" means the Health and Human Services
15	17		Commission.
16	18		(2) "Credentialing organization" means an
17	19		organization approved by the commission that affirms that a
18	20		recovery house satisfies the criteria to become a certified
19	21		recovery house.
20	22		(3) "Recovery house" means a shared living environment
21	23		that promotes sustained recovery from substance use disorders by
22	24		integrating residents into the surrounding community and providing
23	25		a setting that connects residents to supports and services
24	26		promoting sustained recovery from substance use disorders, is
25	27		centered on peer support, and is free from alcohol and drug use.
26	28		(4) "State health care regulatory agency" has the
27	29		meaning assigned by Section 161.131.
28	30		Sec. 469.0102. VOLUNTARY CERTIFICATION OF RECOVERY
29	31		HOUSING. (a) The commission shall adopt minimum standards for
30	32		certification as a recovery house that are consistent with the
31	33		quality standards from the National Alliance for Recovery
32	34		Residences. The commission shall authorize one or more
33	35		credentialing organizations each to develop and administer a
34	36		voluntary certification program for recovery housing. A
35	37		credentialing organization shall:
36	38		(1) establish recovery house certification
37	39		requirements that include, at minimum, the certification standards
38	40		adopted by the commission;
39	41		(2) establish procedures to:
40	42		(A) administer the issuance of recovery house
41	43		certification under this chapter, including application,
42	44		certification, recertification, and disciplinary procedures;
43	45		(B) assess application, inspection, and
44	46		recertification fees; and
45	47		(C) monitor and inspect a recovery house and
46	48		staff to ensure compliance with certification requirements
47	49		established by the organization;
48	50		(3) provide training to recovery house administrators
49	51		and staff concerning the certification standards adopted by the
50	52		commission;
51	53		(4) develop a code of ethics; and
52	54		(5) provide information to the commission for the
53	55		commission to compile the annual report required under Section
54	56		469.0105.
55	57		(b) The following places are not eligible for certification
56	58		as a recovery house:
57	59		(1) a chemical dependency treatment facility licensed
58	60		under Subchapter A, Chapter 464;
59	61		(2) a boarding home facility as defined by Section
60	62		260.001;
61	63		(3) a convalescent or nursing facility licensed under
62	64		Chapter 242;
63	65		(4) a continuing care facility regulated under Chapter
64	66		246;
65	67		(5) an assisted living facility as defined by Section
66	68		247.002;
67	69		(6) a home and community support services agency
68	70		licensed under Chapter 142;
69	71		(7) an intermediate care facility for individuals with
70	72		an intellectual disability licensed under Chapter 252;
71	73		(8) an entity qualified as a community home under
72	74		Chapter 123, Human Resources Code;
73	75		(9) a family violence shelter center as defined by
74	76		Section 51.002, Human Resources Code;
75	77		(10) a child-care facility as defined by Section
76	78		42.002, Human Resources Code; and
77	79		(11) a hotel as defined by Section 156.001, Tax Code.
78	80		(c) The commission's standards must prohibit a certified
79	81		recovery house from providing personal care services as defined by
80	82		Section 247.002.
81	83		Sec. 469.0103. RECOVERY HOUSE ADMINISTRATOR. (a) The
82	84		standards adopted by the commission must require that a certified
83	85		recovery house be managed by a recovery house administrator who has
84	86		satisfactorily completed training provided by the credentialing
85	87		organization concerning the commission's certification standards
86	88		and the organization's certification requirements.
87	89		(b) Each application for certification as a recovery house
88	90		under this chapter must include the recovery house administrator's
89	91		name.
90	92		Sec. 469.0104. ABSENCE OF HOUSE ADMINISTRATOR. (a) A
91	93		certified recovery house must notify the credentialing
92	94		organization that issued its certification before the fourth
93	95		business day after the recovery house administrator resigns, is
94	96		terminated, or leaves the position for any other reason.
95	97		(b) A credentialing organization may revoke the recovery
96	98		house certification of a recovery house that is not managed by a
97	99		trained recovery house administrator for a period that exceeds 30
98	100		days.
99	101		Sec. 469.0105. ANNUAL REPORT. The commission shall
100	102		prepare an annual report including information on:
101	103		(1) the total number of certified recovery houses;
102	104		(2) the number of recovery houses certified in the
103	105		last year;
104	106		(3) any issues concerning the certification or
105	107		recertification process;
106	108		(4) the number of certified recovery houses that had a
107	109		certification revoked within the last year; and
108	110		(5) the reasons for the revocation of a recovery
109	111		house's certification.
110	112		Sec. 469.0106. SOLICITING. A recovery house administrator
111	113		or a recovery house's employee or agent may not offer to pay or
112	114		agree to accept, directly or indirectly, overtly or covertly,
113	115		remuneration in cash or in kind to or from another for securing or
114	116		soliciting a patient or patronage for or from a person licensed,
115	117		certified, or registered by a state health care regulatory agency.
116	118		Sec. 469.0107. CERTAIN ADVERTISING PROHIBITED. (a) A
117	119		recovery house may not advertise or otherwise communicate that the
118	120		recovery house is certified by a credentialing organization unless
119	121		the recovery house is certified by a credentialing organization.
120	122		(b) A recovery house may not advertise or cause to be
121	123		advertised in any manner any false, misleading, or deceptive
122	124		information about the recovery house.
123	125		Sec. 469.0108. ENFORCEMENT. If a certified recovery house
124	126		violates this chapter, the credentialing organization that issued
125	127		the certification to the recovery house may suspend the
126	128		certification for a period of six months while the credentialing
127	129		organization conducts an audit of the recovery house. After the
128	130		audit is complete, the credentialing organization may implement a
129	131		corrective action plan or revoke the license.
130	132		Sec. 469.0109. DISCRIMINATION. A municipality or county
131	133		may not adopt or enforce an ordinance, order, or other regulation
132	134		that prevents a recovery house from operating in a residential
133	135		community.
134	136		Sec. 469.0110. FUNDING. A recovery house that is not
135	137		certified under this chapter may not receive state money.
136	138		Sec. 469.0111. REFERRAL LIMITATION. The following entities
137	139		may not refer an individual to a recovery house that is not
138	140		certified:
139	141		(1) a state agency, as defined by Section 2054.003,
140	142		Government Code;
141	143		(2) an organization receiving money from this state;
142	144		(3) a facility licensed under Subtitle B, Title 4;
143	145		(4) a chemical dependency treatment facility licensed
144	146		under Subchapter A, Chapter 464; and
145	147		(5) a health care professional licensed under Title 3,
146	148		Occupations Code.
147	149		SECTION 2. (a) Except as otherwise provided by this
148	150		section, this Act takes effect September 1, 2021.
149	151		(b) Sections 469.0110 and 469.0111, Health and Safety Code,
150	152		as added by this Act, take effect September 1, 2023.