85S11120 LED-D
	By: Johnson of Harris	H.B. No. 293

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