1-1 By: Zaffirini, Barrientos S.B. No. 834
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 March 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 24, 1993,
1-6 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 S.B. No. 834 By: Zaffirini
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to treatment of chemically dependent persons.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Subdivision (10), Section 462.001, Health and
1-24 Safety Code, is amended to read as follows:
1-25 (10) "Treatment facility" means a public or private
1-26 hospital, a detoxification facility, a primary care facility, an
1-27 intensive care facility, a long-term care facility, an outpatient
1-28 care facility, a community mental health center, a health
1-29 maintenance organization, a recovery center, a halfway house, an
1-30 ambulatory care facility, another facility that is required to be
1-31 licensed and approved by the commission, <or> a facility licensed
1-32 <or operated> by the Texas Department of Mental Health and Mental
1-33 Retardation, or a facility operated by the Texas Department of
1-34 Mental Health and Mental Retardation which has been designated by
1-35 the commission to provide chemical dependency treatment. The term
1-36 does not include an educational program for intoxicated drivers or
1-37 the individual office of a private, licensed health care
1-38 practitioner who personally renders private individual or group
1-39 services within the scope of the practitioner's license and in the
1-40 practitioner's office.
1-41 SECTION 2. Section 462.021, Health and Safety Code, is
1-42 amended to read as follows:
1-43 Sec. 462.021. VOLUNTARY ADMISSION OF ADULT. A facility may
1-44 admit an adult who requests admission for emergency or nonemergency
1-45 treatment or rehabilitation if:
1-46 (1) the facility is:
1-47 (A) a treatment facility licensed by the
1-48 commission to provide the necessary services; <or>
1-49 (B) a facility licensed <or operated> by the
1-50 Texas Department of Mental Health and Mental Retardation; or
1-51 (C) a facility operated by the Texas Department
1-52 of Mental Health and Mental Retardation which has been designated
1-53 by the commission to provide chemical dependency treatment; and
1-54 (2) the admission is appropriate under the facility's
1-55 admission policies.
1-56 SECTION 3. Subsection (a), Section 462.022, Health and
1-57 Safety Code, is amended to read as follows:
1-58 (a) A facility may admit a minor for treatment and
1-59 rehabilitation if:
1-60 (1) the facility is:
1-61 (A) a treatment facility licensed by the
1-62 commission to provide the necessary services to minors; <or>
1-63 (B) a facility licensed <or operated> by the
1-64 Texas Department of Mental Health and Mental Retardation; or
1-65 (C) a facility operated by the Texas Department
1-66 of Mental Health and Mental Retardation which has been designated
1-67 by the commission to provide chemical dependency treatment;
1-68 (2) the admission is appropriate under the facility's
2-1 admission policies; and
2-2 (3) the admission is requested by:
2-3 (A) a parent or other person authorized to
2-4 consent to medical treatment of a minor under Section 35.03, Family
2-5 Code; or
2-6 (B) the minor, without parental consent, under
2-7 Section 35.01, Family Code.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.
2-15 * * * * *
2-16 Austin,
2-17 Texas
2-18 March 24, 1993
2-19 Hon. Bob Bullock
2-20 President of the Senate
2-21 Sir:
2-22 We, your Committee on Health and Human Services to which was
2-23 referred S.B. No. 834, have had the same under consideration, and I
2-24 am instructed to report it back to the Senate with the
2-25 recommendation that it do not pass, but that the Committee
2-26 Substitute adopted in lieu thereof do pass and be printed.
2-27 Moncrief,
2-28 Acting Chair
2-29 * * * * *
2-30 WITNESSES
2-31 FOR AGAINST ON
2-32 ___________________________________________________________________
2-33 Name: Alan G. Woodburt x
2-34 Representing: VGS Inc
2-35 City: Houston
2-36 -------------------------------------------------------------------
2-37 Name: Bob Dickson x
2-38 Representing: TCADA
2-39 City: Austin
2-40 -------------------------------------------------------------------
2-41 Name: Monsignor Brosnan x
2-42 Representing: Self
2-43 City: San Antonio
2-44 -------------------------------------------------------------------
2-45 Name: Karen Hale x
2-46 Representing: TXMHMR
2-47 City: Austin
2-48 -------------------------------------------------------------------
2-49 Name: Steven P. Shon, MD x
2-50 Representing: TXMHMR
2-51 City: Austin
2-52 -------------------------------------------------------------------
2-53 Name: K. Paul Holt x
2-54 Representing: The Freeman Center
2-55 City: Waco
2-56 -------------------------------------------------------------------
2-57 Name: Lois Olson x
2-58 Representing: Dallas Helps
2-59 City: Dallas
2-60 -------------------------------------------------------------------
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: David L. Jones x
2-64 Representing: Austin Rehab Center Inc.
2-65 City: Austin
2-66 -------------------------------------------------------------------
2-67 Name: Dick Spalding x
2-68 Representing: Senenity House
2-69 City: Abilene
2-70 -------------------------------------------------------------------