By Berlanga                                     H.B. No. 1061

      75R3728 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain persons who are exempt from the licensing

 1-3     requirements of the Licensed Professional Counselor Act.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 3(a), Licensed Professional Counselor Act

 1-6     (Article 4512g, Vernon's Texas Civil Statutes), is amended to read

 1-7     as follows:

 1-8           (a)  Except as provided by Subsection (b) of this section,

 1-9     this Act does not apply to:

1-10                 (1)  the activities and services of or use of an

1-11     official title by a person employed as a counselor by a federal,

1-12     state, county, or municipal agency or public or private educational

1-13     institution, if the person is performing counseling or

1-14     counseling-related activities within the scope of his employment;

1-15                 (2)  the activities and services of a student, intern,

1-16     or trainee in counseling pursuing a course of study in counseling

1-17     in a regionally accredited institution of higher education or

1-18     training institution, if these activities and services constitute a

1-19     part of the supervised course of study and the person is designated

1-20     a "counselor intern";

1-21                 (3)  the activities and services of a nonresident

1-22     rendered not more than 30 days during any year, if the person is

1-23     authorized to perform the activities and services under the law of

1-24     the state or country of his residence;

 2-1                 (4)  the activities and services of members of other

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

 2-3     registered nurses, psychologists, certified social workers,

 2-4     licensed marriage and family therapists, licensed chemical

 2-5     dependency counselors, licensed physician assistants, licensed

 2-6     occupational therapists, licensed optometrists in the evaluation

 2-7     and remediation of learning or behavioral disabilities associated

 2-8     with or caused by a defective or abnormal condition of vision,

 2-9     Christian Science practitioners who are recognized by the Church of

2-10     Christ Scientist as registered and published in the Christian

2-11     Science Journal, or other recognized religious practitioners

2-12     performing counseling consistent with the law of the state, their

2-13     training, and any code of ethics of their professions, if they do

2-14     not represent themselves by any title or description in the manner

2-15     prescribed by Section 2 of this Act;

2-16                 (5)  the activities, services, titles, and descriptions

2-17     of persons licensed to practice law;

2-18                 (6)  the activities, services, titles, and descriptions

2-19     of persons employed as professionals or who are volunteers in the

2-20     practice of counseling for public and private nonprofit

2-21     organizations or charities who are accountable to the persons'

2-22     sponsoring organization and do not use the title or hold themselves

2-23     out to be licensed counselors; [or]

2-24                 (7)  the activities, services, titles, and descriptions

2-25     of a person certified by the Commission on Rehabilitation Counselor

2-26     Certification or the Commission on Certification of Work Adjustment

2-27     and Vocational Evaluation Specialists; or

 3-1                 (8)  persons owning, operating, or employed by a

 3-2     certified career counseling service regulated under Chapter 222,

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

 3-4     5221a-8, Vernon's Texas Civil Statutes).

 3-5           SECTION 2.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended,

3-10     and that this Act take effect and be in force from and after its

3-11     passage, and it is so enacted.