By: Murr H.B. No. 299
A BILL TO BE ENTITLED
AN ACT
relating to creating a voluntary accreditation for recovery
housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
amended by adding Chapter 469 to read as follows:
CHAPTER 469. VOLUNTARY RECOVERY HOUSING
Sec. 469.0101. DEFINITIONS. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Accrediting organization" means a nonprofit
organization that develops and administers recovery housing
accreditation programs according to standards of the National
Alliance for Recovery Residences or standards endorsed by Oxford
House, Inc.
(3) "Recovery house" means a shared living environment
that promotes sustained recovery from substance use disorders by
integrating residents into the surrounding community and providing
a setting that connects residents to supports and services
promoting sustained recovery from substance use disorders, is
centered on peer support, and is free from alcohol and drug use.
(4) "State health care regulatory agency" has the
meaning assigned by Section 161.131.
Sec. 469.0102. VOLUNTARY ACCREDITATION OF RECOVERY
HOUSING. (a) The commission shall adopt minimum standards for
accreditation as a recovery house that are consistent with the
quality standards from the National Alliance for Recovery
Residences and Oxford House, Inc. The commission shall authorize
National Alliance for Recovery Residences state affiliate and
Oxford House as the accrediting organizations. The accrediting
organizations shall:
(1) establish recovery house accreditation
requirements that include, at minimum, the accreditation standards
adopted by the commission;
(2) establish procedures to:
(A) administer the issuance of recovery house
accreditation or charters under this chapter, including
application, accreditation, reaccreditation, and disciplinary
procedures;
(B) assess application, accreditation, and
reaccreditation fees; and
(3) provide training to recovery house responsible
parties and staff concerning the accreditation standards adopted by
the commission;
(4) develop a code of ethics; and
(5) provide information to the commission for the
commission to compile the annual report required under Section
469.0105.
(b) The following places are not eligible for accreditation
or charter as a recovery house:
(1) a chemical dependency treatment facility licensed
under Subchapter A, Chapter 464;
(2) a boarding home facility as defined by Section
260.001;
(3) a convalescent or nursing facility licensed under
Chapter 242;
(4) a continuing care facility regulated under Chapter
246;
(5) an assisted living facility as defined by Section
247.002;
(6) a home and community support services agency
licensed under Chapter 142;
(7) an intermediate care facility for individuals with
an intellectual disability licensed under Chapter 252;
(8) an entity qualified as a community home under
Chapter 123, Human Resources Code;
(9) a family violence shelter center as defined by
Section 51.002, Human Resources Code;
(10) a child-care facility as defined by Section
42.002, Human Resources Code; and
(11) a hotel as defined by Section 156.001, Tax Code.
(c) The commission's standards must prohibit an accredited
recovery house from providing personal care services as defined by
Section 247.002.
Sec. 469.0103. RECOVERY HOUSE RESPONSIBLE PARTY. (a) The
standards adopted by the commission must require that an accredited
or chartered recovery house designate one or more individuals as
the responsible party who are responsible for governing or
administrating the recovery home according to accreditation or
charter standards and who have satisfactorily completed training
provided by the accrediting organization concerning the
commission's accreditation standards and the organization's
accreditation requirements.
Sec. 469.0104. ABSENCE OF RECOVERY HOUSE RESPONSIBLE PARTY.
(a) An accredited or chartered recovery house must notify the
accrediting organization that issued its accreditation before the
thirtieth business day after any change to the responsible party.
Sec. 469.0105. ANNUAL REPORT. The commission shall prepare
an annual report including information on:
(1) the total number of accredited or chartered
recovery houses;
(2) the number of recovery houses accredited and
chartered in the last year;
(3) any issues concerning the accreditation, charter
or reaccreditation process;
(4) the number of accredited and chartered recovery
houses that had a accreditation revoked within the last year; and
(5) the reasons for the revocation of an accreditation
or charter.
Sec. 469.0106. SOLICITING. A recovery house responsible
party or a recovery house's employee or agent may not offer to pay
or agree to accept, directly or indirectly, overtly or covertly,
remuneration in cash or in kind to or from another for securing or
soliciting a patient or patronage for or from a person licensed,
accredited, or registered by a state health care regulatory agency.
Sec. 469.0107. CERTAIN ADVERTISING PROHIBITED. (a) A
recovery house may not advertise or otherwise communicate that the
recovery house is accredited or chartered by an accrediting
organization unless the recovery house is accredited or chartered
by an accrediting organization.
(b) A recovery house may not advertise or cause to be
advertised in any manner false, misleading, or deceptive
information about the recovery house.
Sec. 469.0108. ENFORCEMENT. If an accredited or chartered
recovery house violates this chapter, the accrediting organization
that issued the accreditation to the recovery house may suspend the
accreditation or charter for a period of six months while the
accrediting organization conducts an audit of the recovery house.
After the audit is complete, the accrediting organization may
implement a corrective action plan or revoke the accreditation or
charter.
Sec. 469.0109. DISCRIMINATION. A municipality or county
may not adopt or enforce an ordinance, order, or other regulation
that prevents a recovery house from operating in a residential
community.
Sec. 469.0110. FUNDING. A recovery house that is not
accredited or chartered under this chapter may not receive state
money.
Sec. 469.0111. REFERRAL LIMITATION. The following entities
may not refer an individual to a recovery house that is not
accredited or chartered:
(1) a state agency, as defined by Section 2054.003,
Government Code;
(2) an organization receiving money from this state;
(3) a facility licensed under Subtitle B, Title 4;
(4) a chemical dependency treatment facility licensed
under Subchapter A, Chapter 464; and
(5) a health care professional licensed under Title 3,
Occupations Code.
SECTION 2. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2023.
(b) Sections 469.0110 and 469.0111, Health and Safety Code,
as added by this Act, take effect September 1, 2025.