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.