BILL ANALYSIS


                                                     C.S.S.B. 158
                                                        By: Truan
                                        Health and Human Services
                                                          2- 2-95
                                   Committee Report (Substituted)
BACKGROUND

The current disciplinary process of the Texas Commission on Alcohol
and Drug Abuse does not allow the agency to take immediate action
against a licensed treatment facility that violates the rules and
standards of the commission or threatens the health and safety of
a client.  The commission can conduct an investigation or
inspection of a treatment facility as it considers necessary.  If
the facility violates the rules, standards, or licensing
requirements, the commission has to request that the attorney
general file for a temporary restraining order, followed by an
injunction to close the facility.  After a court hearing is
scheduled, a judge must then issue the temporary restraining order
that has to be served to the treatment facility.

PURPOSE

As proposed, S.B. 158, authorizes the executive director of the
Texas Commission on Alcohol and Drug Abuse to issue a cease and
desist order under certain circumstances.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 464A, Health and Safety Code, by adding
Section 464.0151, as follows:

     Sec. 464.0151. CEASE AND DESIST ORDERS.  (a) Authorizes the
     executive director of the Texas Commission on Alcohol and Drug
     Abuse (commission), after an investigation under Section
     464.006, to issue a cease and desist order directing treatment
     facility to stop certain practices after finding that part of
     this chapter is being violated or a threat to the facility's
     clients exists.
     
     (b) Requires the order to give notice of the date and time
       of a hearing on the issues giving rise to the order.  Sets
       forth requirements for the hearing.
SECTION 2. Amends Sections 464.015(a) and (c), Health and Safety
Code, as follows:

     (a) Authorizes the commission to petition a district court to
     restrain a person or facility violating the cease and desist
     order or in emergency conditions.
     
     (c) Requires a district court to grant any prohibitory or
     mandatory injunctive relief warranted by the facts if a person
     or facility violates a cease and desist order, in addition to
     any standards adopted under this subchapter.
SECTION 3. Emergency clause.
           Effective date:  upon passage.