Bill Text: TX HB3969 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to municipal regulation of structured sober living homes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB3969 Detail]
Download: Texas-2019-HB3969-Introduced.html
| 86R8633 SCL-F | ||
| By: Murr | H.B. No. 3969 | |
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| 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 | ||
| program in which a person: | ||
| (1) provides alcohol-free or drug-free housing; | ||
| (2) promotes independent living and life skills | ||
| development; and | ||
| (3) provides structured activities for recovery from | ||
| substance abuse disorders in a supervised setting 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 residing | ||
| in the program's home. | ||
| (b) The term "structured sober living home" does not include | ||
| a person 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 person's | ||
| residence. | ||
| Sec. 229.152. REGULATION OF STRUCTURED SOBER LIVING HOMES. | ||
| (a) 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) Standards adopted under Subsection (a) may require | ||
| structured sober living homes to: | ||
| (1) provide written notice to residents and potential | ||
| residents that includes: | ||
| (A) the name and address of the property in which | ||
| the home is operated; and | ||
| (B) for the property in which the home is | ||
| operated: | ||
| (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 property in | ||
| which the home is operated; and | ||
| (C) comply with municipal noise abatement | ||
| requirements. | ||
| (c) A municipality may exempt a structured sober living home | ||
| from the 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, 2019. | ||
