| 1 | 1 | | 88R2195 SGM-F |
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| 2 | 2 | | By: Vasut H.B. No. 1987 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to municipal regulation of structured sober living homes. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 229, Local Government Code, is amended |
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| 10 | 10 | | by adding Subchapter D to read as follows: |
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| 11 | 11 | | SUBCHAPTER D. STRUCTURED SOBER LIVING HOMES |
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| 12 | 12 | | Sec. 229.151. DEFINITION OF STRUCTURED SOBER LIVING HOME. |
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| 13 | 13 | | (a) In this subchapter, "structured sober living home" means a |
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| 14 | 14 | | program in which a person: |
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| 15 | 15 | | (1) provides alcohol-free or drug-free housing; |
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| 16 | 16 | | (2) promotes independent living and life skills |
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| 17 | 17 | | development; and |
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| 18 | 18 | | (3) provides structured activities for recovery from |
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| 19 | 19 | | substance abuse disorders in a supervised setting to a group of |
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| 20 | 20 | | unrelated individuals who are: |
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| 21 | 21 | | (A) recovering from alcohol or drug addiction; |
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| 22 | 22 | | and |
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| 23 | 23 | | (B) receiving outpatient behavioral health |
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| 24 | 24 | | services for substance abuse or addiction treatment while residing |
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| 25 | 25 | | in the program's home. |
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| 26 | 26 | | (b) The term "structured sober living home" does not include |
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| 27 | 27 | | a person who requires a related family member to receive outpatient |
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| 28 | 28 | | behavioral health services for substance abuse or addiction |
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| 29 | 29 | | treatment as a condition of continuing to reside in the person's |
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| 30 | 30 | | residence. |
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| 31 | 31 | | Sec. 229.152. REGULATION OF STRUCTURED SOBER LIVING HOMES. |
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| 32 | 32 | | (a) A municipality by ordinance may adopt standards for structured |
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| 33 | 33 | | sober living homes that comply with state and federal fair housing |
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| 34 | 34 | | laws and the Americans with Disabilities Act of 1990 (42 U.S.C. |
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| 35 | 35 | | Section 12101 et seq.). |
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| 36 | 36 | | (b) Standards adopted under Subsection (a) may require |
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| 37 | 37 | | structured sober living homes to: |
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| 38 | 38 | | (1) provide written notice to residents and potential |
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| 39 | 39 | | residents that includes: |
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| 40 | 40 | | (A) the name and address of the property in which |
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| 41 | 41 | | the home is operated; and |
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| 42 | 42 | | (B) for the property in which the home is |
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| 43 | 43 | | operated: |
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| 44 | 44 | | (i) the property owner's name, address, and |
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| 45 | 45 | | telephone number; and |
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| 46 | 46 | | (ii) if the property is leased, a copy of |
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| 47 | 47 | | the lease that states that the property is to be used as a |
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| 48 | 48 | | structured sober living home; |
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| 49 | 49 | | (2) supervise residents during all hours of operation; |
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| 50 | 50 | | and |
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| 51 | 51 | | (3) establish and maintain an operation plan to: |
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| 52 | 52 | | (A) facilitate the rehabilitative process, |
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| 53 | 53 | | including discharge planning; |
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| 54 | 54 | | (B) address the maintenance of the property in |
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| 55 | 55 | | which the home is operated; and |
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| 56 | 56 | | (C) comply with municipal noise abatement |
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| 57 | 57 | | requirements. |
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| 58 | 58 | | (c) A municipality may exempt a structured sober living home |
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| 59 | 59 | | from the standards adopted under this section if the home is subject |
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| 60 | 60 | | to adequate oversight by another governmental entity or contractor. |
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| 61 | 61 | | SECTION 2. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2023. |
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