Texas 2023 - 88th Regular

Texas House Bill HB4431 Compare Versions

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1	1	88R24676 EAS-F
2	2	By: Wilson H.B. No. 4431
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a voluntary accreditation for recovery
8	8	housing and the post-release housing of certain inmates on parole
9	9	or to mandatory supervision in an accredited recovery house;
10	10	authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
13	13	amended by adding Chapter 469 to read as follows:
14	14	CHAPTER 469. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING
15	15	Sec. 469.001. DEFINITIONS. In this chapter:
16	16	(1) "Accrediting organization" means a nonprofit
17	17	organization the commission approves under Section 469.002 that
18	18	develops and administers recovery housing accreditation programs.
19	19	(2) "Commission" means the Health and Human Services
20	20	Commission.
21	21	(3) "Recovery house" means a shared living environment
22	22	that:
23	23	(A) promotes sustained recovery from substance
24	24	use disorders by integrating residents into the surrounding
25	25	community and providing a setting that connects residents to
26	26	supports and services promoting sustained recovery from substance
27	27	use disorders;
28	28	(B) is centered on peer support; and
29	29	(C) is free from alcohol and drug use.
30	30	(4) "State health care regulatory agency" has the
31	31	meaning assigned by Section 161.131.
32	32	Sec. 469.002. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING.
33	33	(a) The commission shall adopt minimum standards for accreditation
34	34	as a recovery house that are consistent with the quality standards
35	35	established by the National Alliance for Recovery Residences and
36	36	the Oxford House Incorporated. The standards must prohibit an
37	37	accredited recovery house from providing personal care services, as
38	38	defined by Section 247.002.
39	39	(b) The commission may approve only the National Alliance
40	40	for Recovery Residences or the Oxford House Incorporated to serve
41	41	as an accrediting organization in the development and
42	42	administration of a voluntary accreditation program for recovery
43	43	housing in accordance with this chapter.
44	44	(c) An accrediting organization the commission approves
45	45	under this section must:
46	46	(1) establish recovery house accreditation
47	47	requirements that at a minimum include the accreditation standards
48	48	the commission adopts;
49	49	(2) establish procedures to:
50	50	(A) administer the issuance of recovery house
51	51	accreditation under this chapter, including application,
52	52	accreditation, reaccreditation, and disciplinary procedures; and
53	53	(B) assess application accreditation and
54	54	reaccreditation fees;
55	55	(3) provide training to recovery house responsible
56	56	parties designated under Section 469.004 and staff concerning the
57	57	accreditation standards the commission adopts;
58	58	(4) develop a code of ethics; and
59	59	(5) provide information to the commission for the
60	60	commission to compile the annual report required under Section
61	61	469.005.
62	62	Sec. 469.003. PLACES INELIGIBLE FOR ACCREDITATION AS
63	63	RECOVERY HOUSE. The following places are ineligible for
64	64	accreditation as a recovery house:
65	65	(1) a home and community support services agency
66	66	licensed under Chapter 142;
67	67	(2) a nursing facility licensed under Chapter 242;
68	68	(3) a continuing care facility regulated under Chapter
69	69	246;
70	70	(4) an assisted living facility licensed under Chapter
71	71	247;
72	72	(5) an intermediate care facility for individuals with
73	73	an intellectual disability licensed under Chapter 252;
74	74	(6) a boarding home facility as defined by Section
75	75	260.001;
76	76	(7) a chemical dependency treatment facility licensed
77	77	under Subchapter A, Chapter 464;
78	78	(8) a child-care facility licensed under Chapter 42,
79	79	Human Resources Code;
80	80	(9) a family violence shelter center as defined by
81	81	Section 51.002, Human Resources Code;
82	82	(10) an entity qualified as a community home under
83	83	Chapter 123, Human Resources Code; and
84	84	(11) a hotel, as defined by Section 156.001, Tax Code.
85	85	Sec. 469.004. REQUIRED DESIGNATION OF RECOVERY HOUSE
86	86	RESPONSIBLE PARTY BY CERTAIN RECOVERY HOUSES. (a) This section
87	87	does not apply to a recovery house accredited by Oxford House
88	88	Incorporated.
89	89	(b) The standards the commission adopts must require at
90	90	least one individual to be designated to serve as the responsible
91	91	party of an accredited recovery house.
92	92	(c) A designated individual:
93	93	(1) must satisfactorily complete training the
94	94	accrediting organization provides concerning the commission's
95	95	accreditation standards and the organization's accreditation
96	96	requirements; and
97	97	(2) is responsible for administering the recovery
98	98	house in accordance with the accreditation standards and
99	99	requirements.
100	100	(d) An accredited recovery house required to designate a
101	101	responsible party under this section must notify the accrediting
102	102	organization that issued the recovery house's accreditation before
103	103	the 30th business day after the date of any change to the designated
104	104	responsible party.
105	105	Sec. 469.005. ANNUAL REPORT. The commission shall prepare
106	106	an annual report that includes information on:
107	107	(1) the total number of accredited recovery houses;
108	108	(2) the number of recovery houses accredited during
109	109	the preceding year;
110	110	(3) any issues concerning the accreditation or
111	111	reaccreditation process;
112	112	(4) the number of accredited recovery houses that had
113	113	an accreditation revoked during the preceding year; and
114	114	(5) the reasons for the revocation.
115	115	Sec. 469.006. SOLICITING. A recovery house responsible
116	116	party designated under Section 469.004 or a recovery house's
117	117	employee or agent may not offer to pay or agree to accept, directly
118	118	or indirectly, overtly or covertly, remuneration in cash or in kind
119	119	to or from another for securing or soliciting a patient or patronage
120	120	for or from a person licensed, certified, or registered by a state
121	121	health care regulatory agency.
122	122	Sec. 469.007. CERTAIN ADVERTISING PROHIBITED. (a) A
123	123	recovery house may not advertise or otherwise communicate that the
124	124	recovery house is accredited by an accrediting organization unless
125	125	the recovery house is accredited by an accrediting organization in
126	126	accordance with this chapter.
127	127	(b) A recovery house may not advertise or cause to be
128	128	advertised in any manner any false, misleading, or deceptive
129	129	information about the recovery house.
130	130	Sec. 469.008. ENFORCEMENT. If an accredited recovery house
131	131	violates this chapter, the accrediting organization that issued the
132	132	accreditation to the recovery house may suspend the accreditation
133	133	for a period not to exceed six months while the accrediting
134	134	organization conducts an audit of the recovery house. After the
135	135	audit is complete, the accrediting organization may implement a
136	136	corrective action plan or revoke the accreditation.
137	137	Sec. 469.009. FUNDING. A recovery house that is not
138	138	accredited by an accrediting organization in accordance with this
139	139	chapter is ineligible for and may not receive state money.
140	140	SECTION 2. Section 508.157, Government Code, is amended by
141	141	amending Subsection (b) and adding Subsection (e-2) to read as
142	142	follows:
143	143	(b) If the department does not operate or contract for the
144	144	operation of a residential correctional facility in the county of
145	145	legal residence of an inmate or releasee, the department may issue,
146	146	for an inmate described by Subsection (a) or for a releasee, payment
147	147	for the cost of temporary post-release housing that:
148	148	(1) meets any conditions or requirements imposed by a
149	149	parole panel;
150	150	(2) is located in the county of legal residence of the
151	151	inmate or releasee; and
152	152	(3) except as provided by Subsections [Subsection]
153	153	(e-1) and (e-2), is in a structure that existed on June 1, 2009, as a
154	154	multifamily residence or as a motel to which Section 156.001, Tax
155	155	Code, applies.
156	156	(e-2) The department may pay for the cost of temporary
157	157	post-release housing under Subsection (b) only in a recovery house,
158	158	as defined by Section 469.001, Health and Safety Code, that is
159	159	accredited under Chapter 469, Health and Safety Code. Subsection
160	160	(b)(3) does not apply to a recovery house accredited under Chapter
161	161	469, Health and Safety Code.
162	162	SECTION 3. (a) Except as otherwise provided by this
163	163	section, this Act takes effect September 1, 2023.
164	164	(b) Section 508.157(b), Government Code, as amended by this
165	165	Act, and Section 508.157(e-2), Government Code, as added by this
166	166	Act, take effect September 1, 2024.
167	167	(c) Section 469.009, Health and Safety Code, as added by
168	168	this Act, takes effect September 1, 2025.