1 | 1 | | 89R2071 CS-F |
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2 | 2 | | By: Vasut H.B. No. 339 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to municipal regulation of structured sober living homes. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 229, Local Government Code, is amended |
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12 | 12 | | by adding Subchapter D to read as follows: |
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13 | 13 | | SUBCHAPTER D. STRUCTURED SOBER LIVING HOMES |
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14 | 14 | | Sec. 229.151. DEFINITION OF STRUCTURED SOBER LIVING HOME. |
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15 | 15 | | (a) In this subchapter, "structured sober living home" means a home |
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16 | 16 | | or other residential structure at which a person operates a program |
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17 | 17 | | to provide: |
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18 | 18 | | (1) alcohol-free or drug-free housing to a group of |
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19 | 19 | | unrelated individuals who are: |
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20 | 20 | | (A) recovering from alcohol or drug addiction; |
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21 | 21 | | and |
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22 | 22 | | (B) receiving outpatient behavioral health |
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23 | 23 | | services for substance abuse or addiction treatment while living in |
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24 | 24 | | the home; |
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25 | 25 | | (2) independent living and life skills development to |
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26 | 26 | | those individuals; and |
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27 | 27 | | (3) structured activities for recovery from substance |
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28 | 28 | | abuse disorders in a supervised setting to those individuals. |
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29 | 29 | | (b) The term "structured sober living home" does not include |
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30 | 30 | | the home of an individual who requires a related family member to |
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31 | 31 | | receive outpatient behavioral health services for substance abuse |
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32 | 32 | | or addiction treatment as a condition of continuing to reside in the |
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33 | 33 | | individual's home. |
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34 | 34 | | Sec. 229.152. REGULATION OF STRUCTURED SOBER LIVING HOMES. |
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35 | 35 | | (a) The governing body of a municipality by ordinance may adopt |
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36 | 36 | | standards for structured sober living homes that comply with state |
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37 | 37 | | and federal fair housing laws and the Americans with Disabilities |
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38 | 38 | | Act of 1990 (42 U.S.C. Section 12101 et seq.). |
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39 | 39 | | (b) The governing body of a municipality may require in |
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40 | 40 | | standards adopted under Subsection (a) that the owner or operator |
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41 | 41 | | of a structured sober living home: |
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42 | 42 | | (1) provide written notice to residents and potential |
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43 | 43 | | residents that includes: |
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44 | 44 | | (A) the name and address of the home; and |
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45 | 45 | | (B) for the property at which the home is |
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46 | 46 | | located: |
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47 | 47 | | (i) the property owner's name, address, and |
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48 | 48 | | telephone number; and |
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49 | 49 | | (ii) if the property is leased, a copy of |
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50 | 50 | | the lease that states that the property is to be used as a |
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51 | 51 | | structured sober living home; |
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52 | 52 | | (2) supervise residents during all hours of operation; |
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53 | 53 | | and |
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54 | 54 | | (3) establish and maintain an operation plan to: |
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55 | 55 | | (A) facilitate the rehabilitative process, |
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56 | 56 | | including discharge planning; |
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57 | 57 | | (B) address the maintenance of the home and the |
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58 | 58 | | property where the home is located; and |
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59 | 59 | | (C) comply with municipal noise abatement |
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60 | 60 | | requirements. |
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61 | 61 | | (c) The governing body of a municipality may exempt a |
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62 | 62 | | structured sober living home from standards adopted under this |
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63 | 63 | | section if the home is subject to adequate oversight by another |
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64 | 64 | | governmental entity or contractor. |
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65 | 65 | | SECTION 2. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2025. |
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