bill letting cities set standards for sober living homes

The text as introduced · 470 words

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.