SRC-JFA H.B. 2119 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2119
By: Bosse (Madla)
Health & Human Services
5-8-97
Committee Report (Amended)


DIGEST 

Currently, the Texas Commission on Alcohol and Drug Abuse (TCADA) 
is subject to the Sunset Act 
and, unless continued by the legislature, will be abolished on 
September 1, 1997.  The Sunset 
Commission's (commission) review indicated that TCADA's service 
delivery system has grown 
incrementally over time, and as a result, lacks a clear, 
strategic framework.  The commission found 
that TCADA's funding system does not ensure that a range of 
accessible treatment services are 
available to those most in need.  The commission concluded that 
the provider selection procedures 
favored cost over quality consideration, and thus, did not 
necessarily result in best value services for 
the state.  In these areas, TCADA's enabling statute does not 
give the agency clear direction.  As a 
result of these findings, the commission recommended continuation 
of TCADA and several statutory 
modifications to legislation pertaining to TCADA.  This bill 
would extend TCADA's enabling 
statute for 12 more years and sets forth the statutory 
modifications recommended by the commission. 

PURPOSE

As proposed, H.B. 2119 extends the Texas Commission on  Alcohol 
and Drug Abuse enabling 
statute for 12 more years and sets forth statutory modifications 
recommended by the Sunset 
Commission. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Commission on 
Alcohol and Drug Abuse (TCADA) 
in SECTIONS 7, 11, 14, and 17 (Sections 461.0127, 461.0141(a) and 
(d), 461.0143(b), and 
464.0145(c), Health and Safety Code; Section 17(b), Article 
4512o, V.T.C.S.; and Section 
106.115(a), Alcoholic Beverage Code); and to the executive 
director of TCADA or the executive 
director's designee in SECTION 16 (Sections 18A(g) and (j), 
Article 4512o, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 461.003(c), Health and Safety Code, to 
update standard language 
developed by the Sunset Commission regarding qualifications for 
appointment to the Texas 
Commission on Alcohol and Drug Abuse (TCADA).  

SECTION 2. Amends Sections 461.004 and 461.006, Health and Safety 
Code, as follows: 

Sec. 461.004.  APPLICATION OF SUNSET ACT.  Provides that 
unless continued in 
existence as provided by Chapter 325, Government Code, the 
Texas Sunset Act, TCADA is 
abolished and this chapter expires  September 1, 2009, 
rather than September 1, 1997. 

Sec. 461.006.  TERMS.  Provides that TCADA members serve 
staggered six-year terms, 
with the terms of two members expiring February 1 of each 
odd-numbered year, rather than 
for two-year terms.  

SECTION 3. Amends Sections 461.011(b), (c), (e), (f), and (g), 
Health and Safety Code, as follows:

(b)  Requires the executive director of TCADA (executive 
director) or the executive 
director's designee to develop an intra-agency career ladder 
program that addresses 
opportunities for mobility and advancement for employees 
within TCADA.  Requires the
 program to require intra-agency posting of all positions, 
rather than  all nonentry positions, 
currently with any public posting.  

(c)  Requires the executive director or the executive 
director's designee to develop a system 
of annual performance evaluations that are based on 
documented employee performance, 
rather than on measurable job tasks.  

(e)-(g)  Updates standard language developed by the Sunset 
Commission regarding the equal 
employment opportunity program.  Makes conforming and 
nonsubstantive changes. 

SECTION 4.  Amends Sections 461.014(b) and (c), Health and Safety 
Code, as follows: 

(b)  Updates standard language developed by the Sunset 
Commission regarding TCADA 
funds being managed in accordance with the State Funds 
Reform Act.  

(c)  Updates standard language developed by the Sunset 
Commission regarding TCADA's 
required annual financial report.  

SECTION 5. Amends Sections 461.015(c) and (d), Health and Safety 
Code, as follows: 

(c)  Requires TCADA to keep a file about each written 
complaint filed with TCADA that 
TCADA has authority to resolve.  Requires TCADA to provide 
to the person filing the 
complaint and to the persons or entities complained about 
TCADA's policies and procedures 
pertaining to complaint investigation and resolution.  
Requires TCADA, at least quarterly 
and until final disposition of the complaint, to notify the 
complainant and each person or 
entity complained about of the status of the complaint 
unless notice would jeopardize an 
undercover investigation.  Makes conforming changes. 

(d)  Requires TCADA to keep information about each complaint 
filed with TCADA. 
Requires the information to include the date the complaint 
is received; the name of the 
complainant; the subject matter of the complaint; a record 
of all persons contacted in relation 
to the complaint; a summary of the results of the review or 
investigation of the complaint; 
and an explanation of the reason the complaint was closed 
without action, for complaints on 
which TCADA took no action.  Makes conforming changes.  

SECTION 6. Amends Section 461.012, Health and Safety Code, by 
amending Subsections (a) and 
(b), and by adding Subsections (d) and (e), to authorize TCADA to 
establish regional alcohol 
advisory committees consistent with the regions established under 
Section 531.024, Government 
Code, rather than with the 24 state planning regions.  Requires 
TCADA to comply with federal and 
state laws related to program and facility accessibility.  
Requires the executive director to prepare 
and maintain a written plan that describes how a person who does 
not speak English can be provided 
reasonable access to TCADA's programs and services.  Makes 
nonsubstantive changes. 

SECTION 7. Amends Chapter 461, Health and Safety Code, by adding 
Sections 461.0051, 
461.0124, 461.0125, 461.0126, 461.0127, 461.0141, 461.0142, and 
461.0143, as follows:  

Sec. 461.0051.  COMMISSION MEMBER TRAINING. Requires a 
person appointed to 
TCADA, to be eligible to take office as a member of TCADA, 
to complete at least one 
course of a training program that complies with Subsection 
(b).  Requires the training 
program required by Subsection (a) to provide information to 
the person regarding the 
enabling legislation that created TCADA and its policymaking 
body to which the member 
is appointed to serve; the programs operated by TCADA; the 
role and functions of TCADA; 
the rules of TCADA, with an emphasis on the rules that 
relate to disciplinary and 
investigatory authority; the current budget for TCADA; the 
results of the most recent formal 
audit of TCADA; the requirements of the open meetings law, 
Chapter 551, Government 
Code; open records law, Chapter 552, Government Code; and 
administrative procedure law, 
Chapter 2001, Government Code; the requirements of the 
conflict-of-interest laws and other 
laws relating to public officials; and any applicable ethics 
policies adopted by TCADA or the 
Texas Ethics Commission.  Provides that a person appointed 
to TCADA is entitled to
 reimbursement for travel expenses incurred in attending the 
training program required by 
Subsection (a) as provided by  the General Appropriations 
Act and as if the person were a 
member of TCADA.  

Sec. 461.0124.  STATEWIDE SERVICE DELIVERY PLAN.  Requires 
TCADA to develop 
and to adopt a statewide service delivery plan.  Requires 
TCADA to update the plan no later 
than February 1 of each even-numbered year.  Requires the 
plan to include certain 
information.  Requires TCADA to gather information needed 
for the development of the plan 
through systematic methods designed to include local, 
regional, and statewide perspectives. 
Requires TCADA, in developing the plan, to analyze the costs 
of implementation of 
proposed features of the plan by both TCADA and service 
providers.  Requires TCADA to 
use the analysis to maximize the efficiency of service 
delivery under the final plan.  

Sec. 461.0125.  CLIENT SERVICE CONTRACT STANDARDS.  Requires 
TCADA to 
include certain terms and conditions in each contract for 
the purchase of chemical 
dependency program-related client services. Requires 
contract goals to include a standard 
developed by TCADA that is based on a percentage of program 
clients who maintain long 
term recovery for an extended period as defined by TCADA.  

Sec. 461.0126.  CONTRACT MONITORING.  Requires TCADA to 
establish a formal 
program to monitor program-related client services contracts 
made by TCADA.  Requires 
TCADA to monitor compliance with financial and performance 
requirements using a risk 
assessment methodology; and to obtain and evaluate program 
cost information to ensure that 
each cost is reasonable and necessary to achieve program 
objectives. 

Sec. 461.0127.  TECHNICAL ASSISTANCE PROGRAM.  Requires 
TCADA to adopt 
technical assistance policies and procedures for a technical 
assistance program that is clearly 
separate from TCADA's contract monitoring activities; has a 
single office for technical 
assistance requests; and includes explicit response time 
frames.  

Sec. 461.0141.  SERVICES FUNDING.  Requires TCADA, by rule, 
to adopt a system of 
funding the provision of chemical dependency services that 
includes certain competitive and 
noncompetitive procedures.  Requires the system to require 
that TCADA award each 
proposed chemical dependency services contract to the 
applicant that TCADA determines 
has made the bid that provides the best value.  Requires 
TCADA to consider certain factors 
in determining the best value bid for a contract under this 
section.  Requires rules adopted 
under this section to set out TCADA's provider selection 
processes.  

Sec. 461.0142.  FUNDING POLICY MANUAL.  Requires TCADA to 
publish a funding 
policy manual that explains TCADA's funding priorities and 
provider selection criteria; and 
the methods TCADA used to develop funding policies.  
Requires TCADA to update the 
manual annually.  

Sec. 461.0143.  UNIT RATE REIMBURSEMENT.  Requires TCADA to 
study the 
procurement of and payment for chemical dependency treatment 
services on a unit rate 
reimbursement basis.  Requires TCADA, if TCADA determines, 
after consideration of the 
study, that procurement of and payment for chemical 
dependency treatment services on a unit 
rate reimbursement basis in appropriate areas of the state 
would result in obtaining the 
highest quality treatment services at the best price and the 
lowest administrative cost to 
TCADA, to adopt a unit rate reimbursement system for those 
services.  Requires the system 
to include competitive procurement; monitor provider 
performance; monitor the 
reasonableness of provider costs and expenditures; verify 
provider costs before and after a 
contract term to ensure rates are set appropriately; ensure 
accountability of providers; and 
contain costs.  Authorizes TCADA to procure and pay for 
chemical dependency prevention 
and intervention services under a unit rate reimbursement 
system when TCADA determines 
it is appropriate.  Defines "unit rate reimbursement."  

SECTION 8. Amends Sections 464.003 and 464.008, Health and Safety 
Code, as follows: 

 Sec. 464.003.  EXEMPTIONS.  Provides that this subchapter 
does not apply to, among other 
facilities, individuals, and program, a facility licensed by 
the Texas Department of Health 
(TDH), rather than a facility licensed by the Texas 
Department of Mental Health and Mental 
Retardation (MHMR).  

Sec. 464.008.  ALCOHOL AND DRUG ABUSE TREATMENT LICENSURE 
FUND. 
Updates standard language developed by the Sunset Commission 
regarding all application 
and inspection fees collected by TCADA under this 
subchapter. 

SECTION 9. Amends Section 464.014, Health and Safety Code, to 
require TCADA, rather than 
authorizes the executive director, to deny, revoke, suspend, or 
refuse to renew a license, place on 
probation a person whose license has been suspended, or reprimand 
a license holder if the applicant 
or license holder or the owner, director, administrator, or a 
clinical staff member of the facility, 
among other actions, violates, rather than fails to comply with, 
this subchapter or a rule of TCADA. 
Deletes text in regard to a rule of TCADA adopted under this 
subchapter.  Authorizes TCADA, if 
a license suspension is probated, to establish the conditions for 
completion or violation of the 
probation.  Sets forth the date the probation, among other 
penalties, takes effect.  Deletes existing 
Subsections (c)-(e), (g), and (i).  Deletes text in regard to an 
order denying, revoking, suspending, 
or refusing to renew a license.  Makes conforming and 
nonsubstantive changes.     

SECTION 10. Amends Section 464.017(f), Health and Safety Code, to 
require penalties collected 
under this section by the attorney general to be deposited to the 
credit of the alcohol and drug abuse 
treatment licensure fund account, rather than licensure fund.  

SECTION 11. Amends Chapter 464A, Health and Safety Code, by adding 
Section 464.0145, as 
follows: 

Sec. 464.0145.  DISCIPLINARY ACTION HEARING.  Provides that 
if TCADA proposes 
to suspend, revoke, or refuse to renew a person's license, 
the person is entitled to a hearing 
conducted by the State Office of Administrative Hearings 
(SOAH).  Provides that procedures 
for a disciplinary action are governed by the administrative 
procedure law, Chapter 2001, 
Government Code.  Prohibits the rules of practice adopted by 
TCADA under Section 
2001.004, Government Code, applicable to the proceedings for 
a disciplinary action from 
conflicting with rules adopted by SOAH. 

SECTION 12. Amends Section 10(b), Article 4512o, V.T.C.S., to 
delete text requiring a person to 
be eligible for a chemical dependency counselor license to be a 
citizen of the State of Texas, among 
other requirements.  Requires a person, in order to be eligible 
for a chemical dependency counselor 
license, to submit a case presentation to the test administrator, 
rather than to TCADA.  Makes 
conforming changes.  

SECTION 13. Amends Section 13, Article 4512o, V.T.C.S., by 
amending Subsections (b), (c), (d), 
and (e), and by adding Subsections (f) and (g), to authorize a 
person who is otherwise eligible to 
renew a license  to renew an unexpired license by paying the 
required renewal fee to TCADA before 
the expiration of the license.  Prohibits a person whose license 
has expired from engaging in 
activities that require a license until the license has been 
renewed under the provisions of this 
section.  Authorizes a person, if the person's license has been 
expired for 90 days or less, to renew 
the license by paying to TCADA one and one-half times the 
required renewal fee, rather than the 
required renewal fee and a fee that is one-half of the 
examination fee for the license.  Authorizes a 
person, if a license has been expired for longer than 90 days but 
less than one year, rather than two 
years, to renew the license by paying TCADA two times the 
required renewal fee, rather than all 
unpaid renewal fees and a fee that is equal to the examination 
fee for the license.  Prohibits a person, 
if the person's license has been expired for one year or longer, 
from renewing the license.  Authorizes 
the person from obtaining a new license by submitting to 
reexamination and complying with the 
requirements and procedures for obtaining an original license.  
Authorizes a person, if the person 
was licensed in this state, moved to another state, and is 
currently licensed and has been in practice 
in the other state for the two years preceding application, to 
renew an expired license without 
reexamination.  Requires the person to pay to TCADA a fee that is 
equal to two times the required 
renewal fee for the license.  Deletes existing Subsection (e).  
Makes conforming and nonsubstantive
changes.  

SECTION 14. Amends Sections 15, 16, 17, Article 4512o, V.T.C.S., 
as follows: 

Sec. 15.  CONTINUING EDUCATION. Updates standard language 
developed by the Sunset 
Commission regarding continuing education programs for 
licensed chemical dependency 
counselors.   Provides that participation by chemical 
dependency counselors in certain 
programs is mandatory for licensure.  

Sec. 16.  LICENSE REFUSAL; DISCIPLINARY ACTIONS.  Updates 
standard language 
developed by the Sunset Commission regarding disciplinary 
actions by TCADA.  Requires, 
rather than authorizes, TCADA to refuse to issue a license, 
revoke, suspend, or refuse to 
renew a license, place on probation a license holder whose 
license has been suspended, or 
reprimand a license holder under certain conditions.  
Authorizes  TCADA to require the 
license holder to perform certain actions if a license 
suspension is probated.  Makes 
conforming changes.  

Sec. 17.  DISCIPLINARY PROCEEDINGS.  Authorizes a person to 
file a complaint with 
TCADA alleging a violation of this Act.  Requires the 
complaint to be in writing and under 
oath.  Deletes existing Subsection (b).  Provides that if 
TCADA proposes to suspend, revoke, 
or refuse to renew a person's license, the person is 
entitled to a hearing conducted by SOAH. 
Deletes existing Subsection (c).  Provides that procedures 
for disciplinary actions are 
governed by the administrative procedure law, Chapter 2001, 
Government Code.  Prohibits 
rules of practice adopted by TCADA under Section 2001.004, 
Government Code, applicable 
to the proceedings for a disciplinary action from 
conflicting with rules adopted by SOAH. 
Deletes existing Subsection (d).  Requires TCADA to keep a 
file about each complaint filed 
with TCADA that TCADA has authority to resolve.  Requires 
TCADA to provide to the 
person filing the complaint and the persons or entities 
complained about the commission's 
policies and procedures pertaining to complaint 
investigation and resolution.  Requires 
TCADA, at least quarterly and until final disposition of the 
complaint, to notify the person 
filing the complaint and the persons or entities complained 
about of the status of the 
complaint unless the notice would jeopardize an undercover 
investigation.  Requires TCADA 
to keep information about each complaint filed with TCADA.  
Sets forth the required 
information to be included about each complaint filed with 
TCADA.  

SECTION 15. Amends Section 19, Article 4512o, V.T.C.S., to provide 
that the licensed chemical 
dependency counselors fund account is created in the state 
treasury.  Makes conforming changes.
  
SECTION 16. Amends Article 4512o, V.T.C.S., by adding Sections 10A 
and 18A, as follows: 

Sec. 10A.  PROVISIONAL LICENSE.  Authorizes TCADA to issue a 
provisional license 
to an applicant currently licensed in another state who 
seeks a license in Texas.  Sets forth 
the requirements for an applicant for a provisional license 
under this section.  Authorizes 
TCADA to waive the requirement of Subsection (a)(3) of this 
section for an applicant if 
TCADA determines that compliance with that subsection would 
constitute a hardship to the 
applicant.  Provides that a provisional license is valid 
until the date TCADA approves or 
denies the provisional license holder's application for a 
license.  Requires TCADA to issue 
a license to the provisional license holder if the 
provisional license holder is eligible to be 
licensed under Section 10.  Authorizes TCADA, for purposes 
of this subsection, to waive the 
requirements prescribed by Sections 10(b)(8), (9), and (11). 
 Requires TCADA to complete 
the processing of a provisional license holder's application 
for a license no later than the 
180th day after the date the provisional license is issued.  
Authorizes TCADA to extend the 
190-day limit if TCADA has not received information 
necessary to determine whether the 
applicant is eligible for a permanent license.  Authorizes 
TCADA to establish a fee for a 
provisional license in an amount reasonable and necessary to 
cover the cost of issuing the 
license.  

Sec. 18A.  ADMINISTRATIVE PENALTY.  (a)  Authorizes TCADA to 
assess an 
administrative penalty against a person who violates this 
Act or a rule adopted under this
 Act. 

(b)  Prohibits the penalty from exceeding $1,000 for each 
violation.  Provides that each 
day of a continuing violation constitutes a separate 
violation.  

(c)  Sets forth the factors TCADA is required to consider 
in determining the amount of 
an administrative penalty assessed under this section. 

(d)  Provides that all proceedings for the assessment of 
an administrative penalty under 
this Act are subject to Chapter 2001, Government Code.  

(e)  Requires TCADA, if, after investigation of a possible 
violation and the facts 
surrounding that possible violation, TCADA determines that 
a violation has occurred, to 
give written notice of the violation to the person alleged 
to have committed the violation. 
Sets forth the required contents of the notice.  

(f)  Authorizes the person, no later than the 20th day 
after the date on which the notice is 
received, to accept the determination of TCADA made under 
this section, or make a 
written request for a hearing on that determination. 

(g)  Requires the executive director or the executive 
director's designee, if the person 
notified of the violation accepts the determination of 
TCADA, to issue an order approving 
the determination and ordering that the person pay the 
proposed penalty.  

(h)  Requires TCADA to perform certain actions if the 
person notified under Subsection 
(d) of this section timely requests a hearing.  

(i)  Requires the hearings examiner to make findings of 
fact and conclusions of law and 
to promptly issue to the executive director or the 
executive director's designee a proposal 
for decision as to the occurrence of the violation and a 
recommendation as to the amount 
of the proposed penalty if a penalty is determined to be 
warranted.  

(j)  Authorizes the executive director or the executive 
director's designee, based on the 
findings of fact and conclusions of law and the 
recommendations of the hearings 
examiner, by order, to find that a violation has occurred 
and to assess a penalty or to find 
that no violation has occurred. 

(k)  Requires TCADA to give notice of the order under 
Subsection (j) to the person 
notified.  Sets forth the required contents of the notice. 
 

(l)  Requires the person, no later than the 30th day after 
the date on which the decision is 
final as provided by Chapter 2001, Government Code, to pay 
the penalty; pay the penalty 
and file a petition for judicial review contesting the 
occurrence of the violation, the 
amount of the penalty, or both the occurrence of the 
violation and the amount of the 
penalty; or without paying the penalty, file a petition 
for judicial review contesting the 
occurrence of the violation, the amount of the penalty, or 
both the occurrence of the 
violation and the amount of the penalty.  

(m)  Authorizes a person who acts under Subsection (l)(3), 
within the 30-day period, to 
stay enforcement of the penalty or to request the court to 
stay enforcement of the penalty. 

(n)  Authorizes TCADA, if TCADA receives a copy of an 
affidavit under Subsection 
(m)(2), to file with the court a contest to the affidavit. 
 Requires the court to hold a 
hearing on the facts alleged in the affidavit as soon as 
practicable and to stay the 
enforcement of the penalty on finding that the alleged 
facts are true.  Provides that the 
person who files an affidavit has the burden of proving 
that the person is financially 
unable to pay the penalty and to give a supersedeas bond.  


(o)  Authorizes TCADA, if the person does not pay the 
penalty and the enforcement of
 the penalty is not stayed, to refer the matter to the 
attorney general for collection of the 
penalty.  

(p)  Provides that judicial review of the order is 
instituted by filing a petition as provided 
by Chapter 2001G, Government Code; and is under the 
substantial evidence rule.  

(q)  Authorizes the court, if the court sustains the 
occurrence of the violation, to uphold 
or reduce the amount of the penalty and order the person 
to pay the full or reduced amount 
of the penalty.  Requires the court, if the court does not 
sustain the occurrence of the 
violation, to order that no penalty is owed.  

(r)  Sets forth the guidelines for a court to follow when 
the judgment of the court becomes 
final. 

(s)  Requires an administrative penalty collected under 
this section to be deposited in the 
state treasury to the credit of the general revenue fund.

(t)  Sets forth guidelines relating to the assessment of 
reasonable expenses and costs by 
TCADA  against a person in an administrative hearing. 

(u)  Authorizes the attorney general, under certain 
conditions, to recover reasonable 
expenses and costs for actions performed pursuant to this 
section. 

(v)  Defines "reasonable expenses and costs." 

(w)  Requires costs and expenses incurred by TCADA that 
are collected under this section 
to be deposited in the state treasury to the credit of a 
special account that may be 
appropriated only to TCADA. 

(x)  Sets forth venue for certain suits exclusively upon 
the district courts in Travis County.

SECTION 17. Amends Sections 106.115(a), (b), (c), and (d), 
Alcoholic Beverage Code, as follows: 

(a)  Requires a court, under certain conditions, to require 
a defendant to attend an alcohol 
awareness program, rather than an alcohol awareness course, 
approved by TCADA. 
Provides that TCADA is responsible for the administration of 
the certification of approved 
alcohol awareness programs.  Authorizes TCADA to charge a 
nonrefundable application fee 
for certification.  Requires TCADA to adopt rules regarding 
alcohol awareness programs 
approved under this section.  Requires TCADA to monitor, 
coordinate, and provide training 
to a person who provides an alcohol awareness program.  
Makes a conforming change. 

(b)-(d)  Makes conforming changes. 

SECTION 18. Amends Section 13(j), Article 42.12, Code of Criminal 
Procedure, to make a 
conforming change.  

SECTION 19. Amends Section 521.376, Transportation Code, as 
follows: 

Sec. 521.376.  New heading:  DUTIES OF TEXAS COMMISSION ON 
ALCOHOL AND 
DRUG ABUSE; APPLICATION AND RENEWAL FEES.  Makes conforming 
and 
nonsubstantive changes.  

SECTION 20. (a)  Requires TCADA to adopt the first statewide 
service delivery plan required by 
Section 461.0124, Health and Safety Code, as added by this Act, 
by February 1, 1998. 

(b)  Requires TCADA to conduct the study required by Section 
461.0143, Health and Safety 
Code, as added by this Act, from the effective date of this 
Act, until August 31, 1998. 
Requires TCADA, if the results of the study are positive, 
under the criteria provided by 
Subsection 461.0143(b), to implement a unit rate 
reimbursement system as provided by that
 subsection for the fiscal year 1999 chemical dependency 
service contracts.  

(c)  Requires the governor, as soon as practicable after the 
effective date of this Act, to 
appoint six members to TCADA as provided by Section 461.003, 
Health and Safety Code, 
as amended by this Act.  Requires the governor to determine 
the terms of each appointed 
member so that two members' terms expire February 1, 1999; 
two members' terms expire 
February 1, 2001; and two members' terms expire February 1, 
2003.  

SECTION 21. Requires the Sunset Commission (commission), in 
conjunction with its review of 
health and human service agencies for presentation to the 76th 
Legislature, to study whether the 
treatment programs of TCADA should be transferred to MHMR and 
TDH.  Requires the commission 
to consider the results of the study in developing its 
recommendations prior to the 76th Legislature.

SECTION 22. Effective date: September 1, 1997.

SECTION 23. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1. 

Page 14, lines 5-20, strikes proposed Section 461.0143(b), 
Health and Safety Code, and 
replaces it with a new proposed Subsection (b).  

Amendment 2. 

Page 8, line 9 - page 9, line 9, strikes proposed Sections 
461.0051(a) and (b), Health and 
Safety Code, and replaces those subsections with new 
proposed Subsections (a)-(c).

Amendment 3. 

Page 37, line 22, strikes proposed SECTION 21 and replaces 
it with a new proposed 
SECTION 21.  

Amendment 4. 

Page 11, lines 9-12, strikes proposed Section 461.0125(b), 
Health and Safety Code, and