1-1  By:  Coleman (Senate Sponsor - Zaffirini)             H.B. No. 1626
    1-2        (In the Senate - Received from the House May 11, 1993;
    1-3  May 12, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; May 20, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 7, Nays
    1-6  0; May 20, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla                                          x   
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth                                      x   
   1-18  COMMITTEE SUBSTITUTE FOR H.B. No. 1626               By:  Zaffirini
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to treatment of chemically dependent persons and to a
   1-22  requirement that the Texas Commission on Alcohol and Drug Abuse
   1-23  provide alternatives for children at risk of selling controlled
   1-24  substances.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 461.012(a), Health and Safety Code, is
   1-27  amended to read as follows:
   1-28        (a)  The commission shall:
   1-29              (1)  provide for research and study of the problems of
   1-30  chemical dependency in this state and seek to focus public
   1-31  attention on those problems through public information and
   1-32  education programs;
   1-33              (2)  plan, develop, coordinate, evaluate, and implement
   1-34  constructive methods and programs for the prevention, intervention,
   1-35  treatment, and rehabilitation of chemical dependency in cooperation
   1-36  with federal and state agencies, local governments, organizations,
   1-37  and persons, and provide technical assistance, funds, and
   1-38  consultation services for statewide and community-based services;
   1-39              (3)  cooperate with and enlist the assistance of:
   1-40                    (A)  other state, federal, and local agencies;
   1-41                    (B)  hospitals and clinics;
   1-42                    (C)  public health, welfare, and criminal justice
   1-43  system authorities;
   1-44                    (D)  educational and medical agencies and
   1-45  organizations; and
   1-46                    (E)  other related public and private groups and
   1-47  persons;
   1-48              (4)  expand chemical dependency services for children
   1-49  when funds are available because of the long-term benefits of those
   1-50  services to the state and its citizens;
   1-51              (5)  sponsor, promote, and conduct educational programs
   1-52  on the prevention and treatment of chemical dependency, and
   1-53  maintain a public information clearinghouse to purchase and provide
   1-54  books, literature, audiovisuals, and other educational material for
   1-55  the programs;
   1-56              (6)  sponsor, promote, and conduct training programs
   1-57  for persons delivering prevention, intervention, treatment, and
   1-58  rehabilitation services and for persons in the criminal justice
   1-59  system or otherwise in a position to identify chemically dependent
   1-60  persons and their families in need of service;
   1-61              (7)  require programs rendering services to chemically
   1-62  dependent persons to safeguard those persons' legal rights of
   1-63  citizenship and maintain the confidentiality of client records as
   1-64  required by state and federal law;
   1-65              (8)  maximize the use of available funds for direct
   1-66  services rather than administrative services;
   1-67              (9)  consistently monitor the expenditure of funds and
   1-68  the provision of services by all grant and contract recipients to
    2-1  assure that the services are effective and properly staffed and
    2-2  meet the standards adopted under this chapter;
    2-3              (10)  make the monitoring reports prepared under
    2-4  Subdivision (9) a matter of public record;
    2-5              (11)  license treatment facilities under Chapter 464;
    2-6              (12)  use funds appropriated to the commission to carry
    2-7  out this chapter and maximize the overall state allotment of
    2-8  federal funds;
    2-9              (13)  develop and implement policies that will provide
   2-10  the public with a reasonable opportunity to appear before the
   2-11  commission and to speak on any issue under the commission's
   2-12  jurisdiction;
   2-13              (14)  establish minimum criteria that peer assistance
   2-14  programs must meet to be governed by and entitled to the benefits
   2-15  of a law that authorizes licensing and disciplinary authorities to
   2-16  establish or approve peer assistance programs for impaired
   2-17  professionals; <and>
   2-18              (15)  adopt rules governing the functions of the
   2-19  commission, including rules that prescribe the policies and
   2-20  procedures followed by the commission in administering any
   2-21  commission programs; and
   2-22              (16)  plan, develop, coordinate, evaluate, and
   2-23  implement constructive methods and programs to provide healthy
   2-24  alternatives for youth at risk of selling controlled substances.
   2-25        SECTION 2.  Subdivision (10), Section 462.001, Health and
   2-26  Safety Code, is amended to read as follows:
   2-27              (10)  "Treatment facility" means a public or private
   2-28  hospital, a detoxification facility, a primary care facility, an
   2-29  intensive care facility, a long-term care facility, an outpatient
   2-30  care facility, a community mental health center, a health
   2-31  maintenance organization, a recovery center, a halfway house, an
   2-32  ambulatory care facility, another facility that is required to be
   2-33  licensed and approved by the commission, <or> a facility licensed
   2-34  <or operated> by the Texas Department of Mental Health and Mental
   2-35  Retardation, or a facility operated by the Texas Department of
   2-36  Mental Health and Mental Retardation which has been designated by
   2-37  the commission to provide chemical dependency treatment.  The term
   2-38  does not include an educational program for intoxicated drivers or
   2-39  the individual office of a private, licensed health care
   2-40  practitioner who personally renders private individual or group
   2-41  services within the scope of the practitioner's license and in the
   2-42  practitioner's office.
   2-43        SECTION 3.  Section 462.021, Health and Safety Code, is
   2-44  amended to read as follows:
   2-45        Sec. 462.021.  VOLUNTARY ADMISSION OF ADULT.  A facility may
   2-46  admit an adult who requests admission for emergency or nonemergency
   2-47  treatment or rehabilitation if:
   2-48              (1)  the facility is:
   2-49                    (A)  a treatment facility licensed by the
   2-50  commission to provide the necessary services; <or>
   2-51                    (B)  a facility licensed <or operated> by the
   2-52  Texas Department of Mental Health and Mental Retardation; or
   2-53                    (C)  a facility operated by the Texas Department
   2-54  of Mental Health and Mental Retardation which has been designated
   2-55  by the commission to provide chemical dependency treatment; and
   2-56              (2)  the admission is appropriate under the facility's
   2-57  admission policies.
   2-58        SECTION 4.  Subsection (a), Section 462.022, Health and
   2-59  Safety Code, is amended to read as follows:
   2-60        (a)  A facility may admit a minor for treatment and
   2-61  rehabilitation if:
   2-62              (1)  the facility is:
   2-63                    (A)  a treatment facility licensed by the
   2-64  commission to provide the necessary services to minors; <or>
   2-65                    (B)  a facility licensed <or operated> by the
   2-66  Texas Department of Mental Health and Mental Retardation; or
   2-67                    (C)  a facility operated by the Texas Department
   2-68  of Mental Health and Mental Retardation which has been designated
   2-69  by the commission to provide chemical dependency treatment;
   2-70              (2)  the admission is appropriate under the facility's
    3-1  admission policies; and
    3-2              (3)  the admission is requested by:
    3-3                    (A)  a parent or other person authorized to
    3-4  consent to medical treatment of a minor under Section 35.01, Family
    3-5  Code; or
    3-6                    (B)  the minor, without parental consent, under
    3-7  Section 35.03, Family Code.
    3-8        SECTION 5.  This Act takes effect September 1, 1993.
    3-9        SECTION 6.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.
   3-14                               * * * * *
   3-15                                                         Austin,
   3-16  Texas
   3-17                                                         May 20, 1993
   3-18  Hon. Bob Bullock
   3-19  President of the Senate
   3-20  Sir:
   3-21  We, your Committee on Health and Human Services to which was
   3-22  referred H.B. No. 1626, have had the same under consideration, and
   3-23  I am instructed to report it back to the Senate with the
   3-24  recommendation that it do not pass, but that the Committee
   3-25  Substitute adopted in lieu thereof do pass and be printed.
   3-26                                                         Moncrief,
   3-27  Acting Chair
   3-28                               * * * * *
   3-29                               WITNESSES
   3-30                                                  FOR   AGAINST  ON
   3-31  ___________________________________________________________________
   3-32  Name:  Rhonda Forbes                             x
   3-33  Representing:  Texas PTA
   3-34  City:  Austin
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   3-36  Name:  Steve D. McKee                            x
   3-37  Representing:  Self
   3-38  City:  Austin
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