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                        ~tate of \!tennessee

                         PUBLIC CHAPTER NO. 503

                                                  HOUSE BILL NO. 783

                            By Representatives Greg Martin, McCalmon, White

                                       Substituted for: Senate Bill No. 1381

                                   By Senators Watson, Gardenhire, Reeves

         AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 13 and Title
33, relative to housing.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 7, Chapter 51, is amended by adding the
following new part:

          7-51-2601.

                    As used in this part:

                              (1) "Alcohol and drug services" has the same meaning as defined in § 33-
                    2-1401;

                              (2) "Healthcare provider" means a healthcare professional licensed under
                    title 63 or 68 whose scope of practice includes the diagnosis and treatment of
                    alcohol, drug, and substance abuse;

                              (3) "Local government" means a county, and an incorporated city or town
                    within such county, with a population of not less than three hundred sixty-six
                    thousand two hundred (366,200) and not more than three hundred sixty-six
                    thousand three hundred (366,300), according to the 2020 or a subsequent
                    federal census;

                              (4) "Operator" means the lawful owner of a sober living home or a person
                    or entity designated by such lawful owner to have primary responsibility for the
                    daily operation of such sober living home; and

                               (5) "Sober living home" means an alcohol-free and drug-free residence
                    where unrelated adults who are recovering from alcohol, drug, or substance
                    abuse choose to live together in a supportive environment during their recovery
                    where no formal alcohol and drug services are provided.

           7-51-2602.

                     (a) The governing body of a local government may adopt an ordinance or
           resolution:

                               (1) Requiring a sober living home located at a distance equal to or less
                     than one thousand feet (1,000') from a kindergarten through grade twelve (K-12)
                     educational facility, preschool, or daycare facility to be recognized or certified by
                     an organization, as defined under § 33-2-1401, that is included on a list of
                     approved organizations maintained on the website of the department of mental
                     health and substance abuse services; provided, that the ordinance or resolution
                     with respect to such distance requirement must not apply to a sober living home
                     in operation prior to the effective date of this act until such home ceases
                     operation;

                               (2) Regulating the location or operation of a sober living home within the
                     jurisdiction of the local government, including, but not limited to, ensuring
HB783
                    compliance with applicable state and local zoning laws, and applicable health,
                    safety, fire, and building codes; and
                              (3) Requiring that an operator, prior to authorizing an individual to reside
                    in a sober living home, receive a recommendation or referral from a licensed
                    healthcare provider or a court that the individual reside in a sober living home.
                    (b) An ordinance or resolution adopted pursuant to subsection (a) must comply

          with the Fair Housing Act, as amended (42 U.S.C. §§ 3601 et seq.) and the Americans
          with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).
          SECTION 2. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
          SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.

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         HOUSE BILL NO. 783

PASSED:  April 22, 2025

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                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

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                                  $  •     RANDY MCNAL.Ly
                                     \

                                  SPEAKER OF THE SENATE

Ji/ i APPROVED this
         ()/1b t,f- day of  4a.,           2025

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BILL LEE, GOVERNOR