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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of group homes for |
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recovering substance abusers; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 260B to read as follows: |
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CHAPTER 260B. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS |
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Sec. 260B.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(3) "Group home for recovering substance abusers" |
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means an establishment that furnishes lodging to six or more |
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persons who are recovering substance abusers and who are unrelated |
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to the owner of the establishment by blood or marriage. |
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(4) "Resident" means an individual residing in a group |
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home for recovering substance abusers. The term does not include |
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the owner, operator, or employees of the group home. |
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Sec. 260B.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a person required to be licensed under Chapter |
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142, 242, 246, 247, or 252 or governed by Chapter 260; |
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(2) a person exempt from licensing under Section |
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142.003(a)(19), 242.003(3), or 247.004(4); |
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(3) a hotel as defined by Section 156.001, Tax Code; |
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(4) a retirement community; |
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(5) a monastery or convent; |
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(6) a child-care facility as defined by Section |
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42.002, Human Resources Code; |
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(7) a family violence shelter center as defined by |
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Section 51.002, Human Resources Code; or |
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(8) a sorority or fraternity house or other dormitory |
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associated with an institution of higher education. |
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Sec. 260B.003. LICENSE REQUIRED. A person may not |
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establish or operate a group home for recovering substance abusers |
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in this state unless the person holds a license issued under this |
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chapter. |
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Sec. 260B.004. RULES. The executive commissioner by rule |
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shall: |
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(1) require that, at a minimum, before the commission |
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may approve an application for a group home for recovering |
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substance abusers license: |
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(A) the person applying for the license provides |
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identifying information to enable the commission to conduct a |
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criminal background check on the person; and |
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(B) the commission determines that the location |
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of the group home promotes the safety of the residents and of |
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neighboring residences; |
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(2) develop standards for the operation of a group |
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home for recovering substance abusers to ensure the operator of a |
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group home: |
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(A) provides to the commission evidence that all |
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residents of the group home are recovering substance abusers; |
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(B) prohibits the use by any person of alcohol or |
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any illegal drug in the group home; and |
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(C) expels a resident who uses alcohol or any |
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illegal drug in the group home; and |
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(3) establish: |
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(A) the manner and form for applying for a |
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license to establish and operate a group home for recovering |
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substance abusers; and |
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(B) the procedures for the issuance, denial, |
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renewal, suspension, and revocation of a license issued under this |
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chapter. |
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Sec. 260B.005. FEES. (a) The executive commissioner may |
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set and the commission may charge fees for issuance and renewal of a |
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group home for recovering substance abusers license in the amounts |
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reasonable and necessary to cover the costs of administering this |
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chapter. |
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(b) The executive commissioner may set and the commission |
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may charge reasonable fees for an inspection, survey, or |
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investigation made under Section 260B.007. |
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(c) The commission may impose fines against a group home for |
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recovering substance abusers for noncompliance with this chapter. |
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Sec. 260B.006. REQUIRED POSTING. A group home for |
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recovering substance abusers that holds a license issued under this |
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chapter shall prominently and conspicuously post for display in a |
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public area of the group home that is readily available to |
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residents, the operator, employees, and visitors: |
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(1) the license; |
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(2) a sign prescribed by the commission specifying the |
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manner in which complaints may be registered with the commission; |
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(3) a notice in a form prescribed by the commission |
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stating inspection and related reports are available at the group |
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home for public inspection and providing a telephone number to be |
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used to obtain information concerning the group home; |
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(4) a concise summary of the most recent inspection |
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report relating to the group home; and |
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(5) a notice in a form prescribed by the commission |
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that lists the name, location, and contact information for: |
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(A) the closest local public health services |
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agency in the proximity of the group home; and |
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(B) a local organization or entity that |
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represents or serves recovering substance abusers, including any |
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related toll-free contact information for reporting emergencies to |
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the organization or entity. |
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Sec. 260B.007. INSPECTIONS, SURVEYS, AND INVESTIGATIONS. |
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(a) The commission may conduct any inspection, survey, or |
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investigation the commission considers necessary and may enter the |
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premises of a group home for recovering substance abusers at |
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reasonable times to make an inspection, survey, or investigation. |
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(b) The commission is entitled to access to books, records, |
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and other documents maintained by or for a group home for recovering |
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substance abusers to the extent necessary to enforce the |
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requirements of this chapter. |
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SECTION 2. Not later than March 1, 2018, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules necessary to implement Chapter 260B, Health and |
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Safety Code, as added by this Act. |
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SECTION 3. Notwithstanding Chapter 260B, Health and Safety |
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Code, as added by this Act, a group home for recovering substance |
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abusers is not required to obtain a license under that chapter or |
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comply with that chapter until April 1, 2018. |
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SECTION 4. This Act takes effect December 1, 2017. |