Texas 2025 - 89th Regular

Texas House Bill HB339 Latest Draft

Bill / Introduced Version Filed 11/12/2024

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                            89R2071 CS-F
 By: Vasut H.B. No. 339




 A BILL TO BE ENTITLED
 AN ACT
 relating to municipal regulation of structured sober living homes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 229, Local Government Code, is amended
 by adding Subchapter D to read as follows:
 SUBCHAPTER D. STRUCTURED SOBER LIVING HOMES
 Sec. 229.151.  DEFINITION OF STRUCTURED SOBER LIVING HOME.
 (a) In this subchapter, "structured sober living home" means a home
 or other residential structure at which a person operates a program
 to provide:
 (1)  alcohol-free or drug-free housing to a group of
 unrelated individuals who are:
 (A)  recovering from alcohol or drug addiction;
 and
 (B)  receiving outpatient behavioral health
 services for substance abuse or addiction treatment while living in
 the home;
 (2)  independent living and life skills development to
 those individuals; and
 (3)  structured activities for recovery from substance
 abuse disorders in a supervised setting to those individuals.
 (b)  The term "structured sober living home" does not include
 the home of an individual who requires a related family member to
 receive outpatient behavioral health services for substance abuse
 or addiction treatment as a condition of continuing to reside in the
 individual's home.
 Sec. 229.152.  REGULATION OF STRUCTURED SOBER LIVING HOMES.
 (a) The governing body of a municipality by ordinance may adopt
 standards for structured sober living homes that comply with state
 and federal fair housing laws and the Americans with Disabilities
 Act of 1990 (42 U.S.C. Section 12101 et seq.).
 (b)  The governing body of a municipality may require in
 standards adopted under Subsection (a) that the owner or operator
 of a structured sober living home:
 (1)  provide written notice to residents and potential
 residents that includes:
 (A)  the name and address of the home; and
 (B)  for the property at which the home is
 located:
 (i)  the property owner's name, address, and
 telephone number; and
 (ii)  if the property is leased, a copy of
 the lease that states that the property is to be used as a
 structured sober living home;
 (2)  supervise residents during all hours of operation;
 and
 (3)  establish and maintain an operation plan to:
 (A)  facilitate the rehabilitative process,
 including discharge planning;
 (B)  address the maintenance of the home and the
 property where the home is located; and
 (C)  comply with municipal noise abatement
 requirements.
 (c)  The governing body of a municipality may exempt a
 structured sober living home from standards adopted under this
 section if the home is subject to adequate oversight by another
 governmental entity or contractor.
 SECTION 2.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2025.