By Wohlgemuth H.B. No. 1599
75R3357 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exempting faith-based chemical dependency counselors
1-3 and counseling programs from certain licensing requirements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(b), Chapter 635, Acts of the 72nd
1-6 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (b) This Act does not apply to the activities and services
1-9 of:
1-10 (1) a person employed as a counselor by a federal
1-11 institution, if the person is performing chemical dependency
1-12 counseling within the scope of the person's employment;
1-13 (2) a student, intern, or trainee pursuing a course of
1-14 study in counseling at a regionally accredited institution of
1-15 higher education or training institution, if those activities and
1-16 services constitute a part of the supervised course of study and
1-17 the person is designated as a "counselor intern";
1-18 (3) a person who is not a resident of this state if:
1-19 (A) performed for not more than 30 days during
1-20 any year; and
1-21 (B) the person is authorized to perform the
1-22 activities and services under the laws of the state of the person's
1-23 residence; [or]
1-24 (4) a licensed physician or psychologist, licensed
2-1 professional counselor, certified social worker, religious leader
2-2 of a congregation providing pastoral chemical dependency counseling
2-3 within the scope of his or her duties; or school counselor
2-4 certified by the Central Education Agency; or
2-5 (5) a person who performs chemical dependency
2-6 counseling under the supervision of a licensed or ordained minister
2-7 as part of a faith-based chemical dependency recovery program that
2-8 is affiliated with a church or nonprofit religious organization.
2-9 SECTION 2. Chapter 464, Health and Safety Code, is amended
2-10 by adding Subchapter C to read as follows:
2-11 SUBCHAPTER C. FAITH-BASED CHEMICAL DEPENDENCY
2-12 TREATMENT PROGRAMS
2-13 Sec. 464.051. DEFINITIONS. In this subchapter:
2-14 (1) "Chemical dependency" has the meaning assigned by
2-15 Section 464.001.
2-16 (2) "Commission" has the meaning assigned by Section
2-17 464.001.
2-18 (3) "Religious organization" has the meaning assigned
2-19 by Section 42.002, Human Resources Code.
2-20 (4) "Treatment" has the meaning assigned by Section
2-21 464.001.
2-22 (5) "Treatment facility" has the meaning assigned by
2-23 Section 464.001.
2-24 Sec. 464.052. EXEMPTION FOR FAITH-BASED CHEMICAL DEPENDENCY
2-25 RECOVERY PROGRAM. (a) Subchapter A does not apply to a chemical
2-26 dependency recovery program that:
2-27 (1) is conducted by a religious organization;
3-1 (2) is exclusively religious, spiritual, or
3-2 ecclesiastical in nature;
3-3 (3) does not offer or purport to offer a chemical
3-4 dependency treatment program; and
3-5 (4) is certified under Section 464.053.
3-6 (b) A chemical dependency recovery program described by
3-7 Subsection (a) is not a treatment facility for purposes of this
3-8 chapter.
3-9 (c) The commission may not prohibit the use, by a program
3-10 exempted under this subchapter, of the term "counseling,"
3-11 "treatment," or "rehabilitation."
3-12 Sec. 464.053. EXEMPT PROGRAM CERTIFICATION. The commission
3-13 by rule shall establish a procedure to certify that a chemical
3-14 dependency recovery program qualifies for exemption under Section
3-15 464.052.
3-16 Sec. 464.054. REPRESENTATIONS IN PROGRAM ADVERTISING OR
3-17 LITERATURE. A program exempted under this subchapter shall include
3-18 in any advertisement or literature that promotes or describes the
3-19 program or the program's chemical dependency recovery services a
3-20 statement that the program is:
3-21 (1) exempt from regulation by the commission; and
3-22 (2) essentially religious, spiritual, or
3-23 ecclesiastical in nature.
3-24 Sec. 464.055. REVOCATION OF EXEMPTION. The commission may
3-25 revoke the exemption if:
3-26 (1) the organization conducting the program fails to
3-27 inform the commission of any change in the registration information
4-1 contained in the application;
4-2 (2) any program advertisement or literature fails to
4-3 include the statements required by Section 464.054; or
4-4 (3) the organization violates this subchapter or a
4-5 commission rule adopted under this subchapter.
4-6 Sec. 464.056. GENERAL DIRECTIVE TO STATE AGENCIES. A state
4-7 agency may not deny to an individual a state or federal social
4-8 service benefit on the basis that the individual is participating
4-9 in a faith-based residential chemical dependency recovery program.
4-10 SECTION 3. Chapter 33, Human Resources Code, is amended by
4-11 adding Section 33.012 to read as follows:
4-12 Sec. 33.012. FAITH-BASED CHEMICAL DEPENDENCY RECOVERY
4-13 PROGRAM AS REPRESENTATIVE. The department shall provide an
4-14 individual's food stamp allotment to a residential chemical
4-15 dependency recovery program exempt under Subchapter C, Chapter 464,
4-16 Health and Safety Code, in which the person resides to the extent
4-17 allowed under Section 8(f), Food Stamp Act of 1977 (7 U.S.C.
4-18 Section 2017(e)), if the individual designates the program as the
4-19 individual's authorized representative.
4-20 SECTION 4. This Act takes effect September 1, 1997.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.