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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