1-1                                   AN ACT

 1-2     relating to the licensing of professional counselors.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (a), Section 3, Licensed Professional

 1-5     Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), is

 1-6     amended to read as follows:

 1-7           (a)  Except as provided by Subsection (b) of this section,

 1-8     this Act does not apply to:

 1-9                 (1)  the activities and services of or use of an

1-10     official title by a person employed as a counselor by a federal,

1-11     state, county, or municipal agency or public or private educational

1-12     institution, if the person is performing counseling or

1-13     counseling-related activities within the scope of his employment;

1-14                 (2)  the activities and services of a student, intern,

1-15     or trainee in counseling pursuing a course of study in counseling

1-16     in a regionally accredited institution of higher education or

1-17     training institution, if these activities and services constitute a

1-18     part of the supervised course of study and the person is designated

1-19     a "counselor intern";

1-20                 (3)  the activities and services of a nonresident

1-21     rendered not more than 30 days during any year, if the person is

1-22     authorized to perform the activities and services under the law of

1-23     the state or country of his residence;

1-24                 (4)  the activities and services of members of other

 2-1     professions licensed or certified by the state, such as physicians,

 2-2     registered nurses, psychologists, certified social workers,

 2-3     licensed marriage and family therapists, licensed chemical

 2-4     dependency counselors, licensed physician assistants, licensed

 2-5     occupational therapists, licensed optometrists in the evaluation

 2-6     and remediation of learning or behavioral disabilities associated

 2-7     with or caused by a defective or abnormal condition of vision,

 2-8     Christian Science practitioners who are recognized by the Church of

 2-9     Christ Scientist as registered and published in the Christian

2-10     Science Journal, or other recognized religious practitioners

2-11     performing counseling consistent with the law of the state, their

2-12     training, and any code of ethics of their professions, if they do

2-13     not represent themselves by any title or description in the manner

2-14     prescribed by Section 2 of this Act;

2-15                 (5)  the activities, services, titles, and descriptions

2-16     of persons licensed to practice law;

2-17                 (6)  the activities, services, titles, and descriptions

2-18     of persons employed as professionals or who are volunteers in the

2-19     practice of counseling for public and private nonprofit

2-20     organizations or charities who are accountable to the persons'

2-21     sponsoring organization and do not use the title or hold themselves

2-22     out to be licensed counselors; [or]

2-23                 (7)  the activities, services, titles, and descriptions

2-24     of persons certified by the Commission on Rehabilitation Counselor

2-25     Certification or the Commission on Certification of Work Adjustment

2-26     and Vocational Evaluation Specialists performing counseling

2-27     consistent with the law of the state, their training, and any code

 3-1     of ethics of their profession and who do not use the title or hold

 3-2     themselves out to be licensed counselors; or

 3-3                 (8)  persons owning, operating, or employed by a

 3-4     certified career counseling service regulated under Chapter 222,

 3-5     Acts of the 70th Legislature, Regular Session, 1987 (Article

 3-6     5221a-8, Vernon's Texas Civil Statutes).

 3-7           SECTION 2.  Section 10, Licensed Professional Counselor Act

 3-8     (Article 4512g, Vernon's Texas Civil Statutes), is amended to read

 3-9     as follows:

3-10           Sec. 10.  APPLICANT QUALIFICATIONS.  (a)  A person is a

3-11     qualified applicant if the person:

3-12                 (1)  is at least 18 years old;

3-13                 (2)  has submitted an application as required by the

3-14     board, accompanied by the application fee set by the board;  the

3-15     board may require that the statements on the application be made

3-16     under oath;

3-17                 (3)  has a master's or doctorate degree in counseling

3-18     or a related field;

3-19                 (4)  has successfully completed a graduate degree at a

3-20     regionally accredited institution of higher education and a planned

3-21     graduate program of 48 graduate semester hours or the substantial

3-22     equivalent, including 300 clock hours of supervised practicum that

3-23     is primarily counseling in nature and that meets the specific

3-24     academic course content and training standards established by the

3-25     board.  The board shall review and consider the standards as

3-26     developed by the appropriate professional association;

3-27                 (5)  has completed 36 [24] months or 3,000 [2,000]

 4-1     hours of supervised experience working in a counseling setting that

 4-2     meets the requirements established by the board after the

 4-3     completion of the 48 graduate semester hour or equivalent graduate

 4-4     program;

 4-5                 (6)  has successfully completed the examination

 4-6     required under this Act; and

 4-7                 (7)  has met the requirements prescribed by the board.

 4-8           (b)  A person may complete not more than six of the 48

 4-9     graduate semester hours required under Subsection (a)(4) of this

4-10     section during or after the time the person completes the 3,000

4-11     [2,000] hours of supervised work experience required under

4-12     Subsection (a)(5) of this section if, at the time the person began

4-13     the work experience, the person possessed a graduate degree and a

4-14     lesser number of hours was required by the law of this state or the

4-15     law in effect where the work experience was performed.

4-16           SECTION 3.  (a)  This Act takes effect September 1, 1997.

4-17           (b)  The change in law made by Section 2 of the Act applies

4-18     only to a person who begins a program to obtain a graduate degree

4-19     in counseling or a related field or a substantially equivalent

4-20     planned graduate program of at least 48 graduate semester hours on

4-21     or after that date.  A person who begins a program to obtain a

4-22     graduate degree in counseling or a related field or a substantially

4-23     equivalent planned graduate program of at least 48 graduate

4-24     semester hours before September 1, 1997, is governed by the law in

4-25     effect immediately before the effective date of this Act, and that

4-26     law is continued in effect for that purpose.

4-27           SECTION 4.  The importance of this legislation and the

 5-1     crowded condition of the calendars in both houses create an

 5-2     emergency and an imperative public necessity that the

 5-3     constitutional rule requiring bills to be read on three several

 5-4     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 699 was passed by the House on April

         11, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 699 on May 8, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 699 was passed by the Senate, with

         amendments, on May 6, 1997, by the following vote:  Yeas 31, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor