HB339 - Relating to municipal regulation of structured sober living homes.

  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.