1-1                                   AN ACT

 1-2     relating to the continuation and functions of the Texas  Commission

 1-3     on Alcohol and Drug Abuse; providing penalties.

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

 1-5           SECTION 1.  Section 461.003(c), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           (c)  Appointments to the commission shall be made without

 1-8     regard to race, color, disability [handicap], sex, religion, age,

 1-9     or national origin of the appointees.

1-10           SECTION 2.  Sections 461.004 and 461.006, Health and Safety

1-11     Code, are amended to read as follows:

1-12           Sec. 461.004.  APPLICATION OF SUNSET ACT.  The Texas

1-13     Commission on Alcohol and Drug Abuse is subject to Chapter 325,

1-14     Government Code (Texas Sunset Act).  Unless continued in existence

1-15     as provided by that chapter, the commission is abolished and this

1-16     chapter expires September 1, 2009 [1997].

1-17           Sec. 461.006.  TERMS.  Commission members serve staggered

1-18     six-year terms, with the terms of two members expiring February 1

1-19     of each odd-numbered year [for two-year terms].

1-20           SECTION 3.  Sections 461.011(b), (c), (e), (f), and (g),

1-21     Health and Safety Code, are amended to read as follows:

1-22           (b)  The executive director or the executive director's

1-23     designee shall develop an intra-agency career ladder program that

1-24     addresses opportunities for mobility and advancement for employees

 2-1     within the commission.  The program shall require intra-agency

 2-2     posting of all [nonentry level] positions concurrently with any

 2-3     public posting.

 2-4           (c)  The executive director or the executive director's

 2-5     designee shall develop a system of annual performance evaluations

 2-6     that are based on documented employee performance [measurable job

 2-7     tasks].  All merit pay for commission employees must be based on

 2-8     the system established under this subsection.

 2-9           (e)  The executive director or the executive director's

2-10     designee shall prepare and maintain a written policy statement to

2-11     assure implementation of a program of equal employment opportunity

2-12     under which all personnel transactions are made without regard to

2-13     race, color, disability [handicap], sex, religion, age, or national

2-14     origin.  The policy statement must include:

2-15                 (1)  personnel policies, including policies relating to

2-16     recruitment, evaluation, selection, appointment, training, and

2-17     promotion of personnel, that are in compliance with requirements of

2-18     Chapter 21, Labor Code;

2-19                 (2)  a comprehensive analysis of the commission work

2-20     force that meets federal and state laws, rules, regulations, and

2-21     instructions directly promulgated from those laws, rules, and

2-22     regulations [guidelines]; [and]

2-23                 (3)  procedures by which a determination can be made

2-24     about the extent of underuse [of significant underutilization] in

2-25     the commission work force of all persons for whom federal or state

2-26     laws, rules, regulations, and instructions directly promulgated

2-27     from those laws, rules, and regulations [guidelines] encourage a

 3-1     more equitable balance; and

 3-2                 (4)  reasonable methods to appropriately address those

 3-3     areas of underuse  [significant underutilization].

 3-4           (f)  A policy statement prepared under Subsection (e) must:

 3-5                 (1)  cover an annual period;

 3-6                 (2)  be updated [at least] annually and reviewed by the

 3-7     Texas Commission on Human Rights for compliance with Subsection

 3-8     (e);  and

 3-9                 (3)  be filed with the governor's office [governor].

3-10           (g)  The governor's office [governor] shall deliver [submit]

3-11     a biennial report to the legislature based on the information

3-12     received under Subsection (f) [(f)(3)].  The report may be made

3-13     separately or as a part of other biennial reports made to the

3-14     legislature.

3-15           SECTION 4.  Sections 461.014(b) and (c), Health and Safety

3-16     Code, are amended to read as follows:

3-17           (b)  All money paid to the commission under this chapter is

3-18     subject to Subchapter F, Chapter 404, Government Code [shall be

3-19     deposited in the state treasury and may be used only to administer

3-20     this chapter].

3-21           (c)  The commission shall prepare [file] annually [with the

3-22     governor and the presiding officer of each house of the

3-23     legislature] a complete and detailed written report accounting for

3-24     all funds received and disbursed by the commission during the

3-25     preceding fiscal year.  The annual report must meet the reporting

3-26     requirements applicable to financial reporting provided in [be in

3-27     the form and reported in the time provided by] the General

 4-1     Appropriations Act.

 4-2           SECTION 5.  Sections 461.015(c) and (d), Health and Safety

 4-3     Code, are amended to read as follows:

 4-4           (c)  The commission shall keep a file about each written

 4-5     complaint filed with the commission that the commission has

 4-6     authority to resolve.  The commission shall provide to the person

 4-7     filing the complaint and to the persons or entities complained

 4-8     about the commission's policies and procedures pertaining to

 4-9     complaint investigation and resolution.  The [If a written

4-10     complaint is filed with the commission relating to a licensee or

4-11     entity regulated by the commission, the] commission, at least

4-12     quarterly and until final disposition of the complaint, shall

4-13     notify the  complainant and each person or entity complained about

4-14     [parties to the complaint] of the status of the complaint unless

4-15     notice would jeopardize an undercover investigation.

4-16           (d)  The commission shall keep [an] information [file] about

4-17     each complaint filed with the commission.  The information must

4-18     include:

4-19                 (1)  the date the complaint is received;

4-20                 (2)  the name of the complainant;

4-21                 (3)  the subject matter of the complaint;

4-22                 (4)  a record of all persons contacted in relation to

4-23     the complaint;

4-24                 (5)  a summary of the results of the review or

4-25     investigation of the complaint;

4-26                 (6)  an explanation of the reason the complaint was

4-27     closed without action, for complaints on which the commission took

 5-1     no action  [relating to a licensee or entity funded or regulated by

 5-2     the commission].

 5-3           SECTION 6.  Section 461.012, Health and Safety Code, is

 5-4     amended by amending Subsections (a) and (b) and by adding

 5-5     Subsections (d) and (e) to read as follows:

 5-6           (a)  The commission shall:

 5-7                 (1)  provide for research and study of the problems of

 5-8     chemical dependency in this state and seek to focus public

 5-9     attention on those problems through public information and

5-10     education programs;

5-11                 (2)  plan, develop, coordinate, evaluate, and implement

5-12     constructive methods and programs for the prevention, intervention,

5-13     treatment, and rehabilitation of chemical dependency in cooperation

5-14     with federal and state agencies, local governments, organizations,

5-15     and persons, and provide technical assistance, funds, and

5-16     consultation services for statewide and community-based services;

5-17                 (3)  cooperate with and enlist the assistance of:

5-18                       (A)  other state, federal, and local agencies;

5-19                       (B)  hospitals and clinics;

5-20                       (C)  public health, welfare, and criminal justice

5-21     system authorities;

5-22                       (D)  educational and medical agencies and

5-23     organizations; and

5-24                       (E)  other related public and private groups and

5-25     persons;

5-26                 (4)  expand chemical dependency services for children

5-27     when funds are available because of the long-term benefits of those

 6-1     services to the state and its citizens;

 6-2                 (5)  sponsor, promote, and conduct educational programs

 6-3     on the prevention and treatment of chemical dependency, and

 6-4     maintain a public information clearinghouse to purchase and provide

 6-5     books, literature, audiovisuals, and other educational material for

 6-6     the programs;

 6-7                 (6)  sponsor, promote, and conduct training programs

 6-8     for persons delivering prevention, intervention, treatment, and

 6-9     rehabilitation services and for persons in the criminal justice

6-10     system or otherwise in a position to identify chemically dependent

6-11     persons and their families in need of service;

6-12                 (7)  require programs rendering services to chemically

6-13     dependent persons to safeguard those persons' legal rights of

6-14     citizenship and maintain the confidentiality of client records as

6-15     required by state and federal law;

6-16                 (8)  maximize the use of available funds for direct

6-17     services rather than administrative services;

6-18                 (9)  consistently monitor the expenditure of funds and

6-19     the provision of services by all grant and contract recipients to

6-20     assure that the services are effective and properly staffed and

6-21     meet the standards adopted under this chapter;

6-22                 (10)  make the monitoring reports prepared under

6-23     Subdivision (9) a matter of public record;

6-24                 (11)  license treatment facilities under Chapter 464;

6-25                 (12)  use funds appropriated to the commission to carry

6-26     out this chapter and maximize the overall state allotment of

6-27     federal funds;

 7-1                 (13)  develop and implement policies that will provide

 7-2     the public with a reasonable opportunity to appear before the

 7-3     commission and to speak on any issue under the commission's

 7-4     jurisdiction;

 7-5                 (14)  establish minimum criteria that peer assistance

 7-6     programs must meet to be governed by and entitled to the benefits

 7-7     of a law that authorizes licensing and disciplinary authorities to

 7-8     establish or approve peer assistance programs for impaired

 7-9     professionals;

7-10                 (15)  adopt rules governing the functions of the

7-11     commission, including rules that prescribe the policies and

7-12     procedures followed by the commission in administering any

7-13     commission programs; [and]

7-14                 (16)  plan, develop, coordinate, evaluate, and

7-15     implement constructive methods and programs to provide healthy

7-16     alternatives for youth at risk of selling controlled substances;

7-17     and[.]

7-18                 (17) [(16)]  submit to the federal government reports

7-19     and strategies necessary to comply with Section 1926 of the federal

7-20     Alcohol, Drug Abuse, and Mental Health Administration

7-21     Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);

7-22     reports and strategies are to be coordinated with appropriate state

7-23     governmental entities.

7-24           (b)  The commission may establish regional alcohol advisory

7-25     committees consistent with the [24 state planning] regions

7-26     established under Section 531.024, Government Code.

7-27           (d)  The commission shall comply with federal and state laws

 8-1     related to program and facility accessibility.

 8-2           (e)  The executive director shall prepare and maintain a

 8-3     written plan that describes how a person who does not speak English

 8-4     can be provided reasonable access to the commission's programs and

 8-5     services.

 8-6           SECTION 7.  Chapter 461, Health and Safety Code, is amended

 8-7     by adding Sections 461.0051, 461.0124, 461.0125, 461.0126,

 8-8     461.0127, 461.0141, 461.0142, and 461.0143 to read as follows:

 8-9           Sec. 461.0051.  COMMISSION MEMBER TRAINING.  (a)  To be

8-10     eligible to take office as a member of the commission, a person

8-11     appointed to the commission must complete at least one course of a

8-12     training program that complies with Subsection (b).

8-13           (b)  The training program required by Subsection (a) must

8-14     provide information to the person regarding:

8-15                 (1)  the enabling legislation that created the

8-16     commission and its policymaking body to which the member is

8-17     appointed to serve;

8-18                 (2)  the programs operated by the commission;

8-19                 (3)  the role and functions of the commission;

8-20                 (4)  the rules of the commission, with an emphasis on

8-21     the rules that relate to disciplinary and investigatory authority;

8-22                 (5)  the current budget for the commission;

8-23                 (6)  the results of the most recent formal audit of the

8-24     commission;

8-25                 (7)  the requirements of the:

8-26                       (A)  open meetings law, Chapter 551, Government

8-27     Code;

 9-1                       (B)  open records law, Chapter 552, Government

 9-2     Code; and

 9-3                       (C)  administrative procedure law, Chapter 2001,

 9-4     Government Code;

 9-5                 (8)  the requirements of the conflict-of-interest laws

 9-6     and other laws relating to public officials; and

 9-7                 (9)  any applicable ethics policies adopted by the

 9-8     commission or the Texas Ethics Commission.

 9-9           (c)  A person appointed to the commission is entitled to

9-10     reimbursement for travel expenses incurred in attending the

9-11     training program required by Subsection (a) as provided by the

9-12     General Appropriations Act and as if the person were a member of

9-13     the commission.

9-14           Sec. 461.0124.  STATEWIDE SERVICE DELIVERY PLAN.  (a) The

9-15     commission shall develop and adopt a statewide service delivery

9-16     plan.  The commission shall update the plan not later than February

9-17     1 of each even-numbered year.  The plan must include:

9-18                 (1)  a statement of the commission's mission, goals,

9-19     and objectives regarding chemical dependency prevention,

9-20     intervention, and treatment;

9-21                 (2)  a statement of how chemical dependency services

9-22     and chemical dependency case management services should be

9-23     organized, managed, and delivered;

9-24                 (3)  a comprehensive assessment of:

9-25                       (A)  chemical dependency services available in

9-26     this state at the time the plan is prepared; and

9-27                       (B)  future chemical dependency services needs;

 10-1                (4)  a service funding process that ensures equity in

 10-2    the availability of chemical dependency services across this state

 10-3    and within each service region established under Section 531.024,

 10-4    Government Code;

 10-5                (5)  a provider selection and monitoring process that

 10-6    emphasizes quality in the provision of services;

 10-7                (6)  a description of minimum service levels for each

 10-8    region;

 10-9                (7)  a mechanism for the commission to obtain and

10-10    consider local public participation in identifying and assessing

10-11    regional needs for chemical dependency services;

10-12                (8)  a process for coordinating and assisting

10-13    administration and delivery of services among federal, state, and

10-14    local public and private chemical dependency programs that provide

10-15    similar services; and

10-16                (9)  a process for coordinating the commission's

10-17    activities with those of other state health and human services

10-18    agencies and criminal justice agencies to avoid duplications and

10-19    inconsistencies in the efforts of the agencies in chemical

10-20    dependency prevention, intervention, treatment, rehabilitation,

10-21    research, education, and training.

10-22          (b)  The commission shall gather information needed  for the

10-23    development of the plan through systematic methods designed to

10-24    include local, regional, and statewide perspectives.

10-25          (c)  In developing the plan, the commission shall analyze the

10-26    costs of implementation of proposed features of the plan by both

10-27    the commission and service providers.  The commission shall use the

 11-1    analysis to maximize the efficiency of service delivery under the

 11-2    final plan.

 11-3          (d)  The plan must provide a priority for obtaining treatment

 11-4    services for individuals in need of treatment who are parents of a

 11-5    child in foster care.

 11-6          Sec. 461.0125.  CLIENT SERVICE CONTRACT STANDARDS.  (a)  In

 11-7    each contract for the purchase of chemical dependency

 11-8    program-related client services, the commission shall include:

 11-9                (1)  clearly defined contract goals, outputs, and

11-10    measurable outcomes that relate directly to program objectives;

11-11                (2)  clearly defined sanctions or penalties for failure

11-12    to comply with or perform contract terms or conditions; and

11-13                (3)  clearly specified accounting, reporting, and

11-14    auditing requirements applicable to money received under the

11-15    contract.

11-16          (b)  Contract goals must include a standard developed by the

11-17    commission that is based on a percentage of program clients who

11-18    maintain long-term recovery for an extended period as defined by

11-19    the commission.

11-20          Sec. 461.0126.  CONTRACT MONITORING.  The commission shall

11-21    establish a formal program to monitor program-related client

11-22    services contracts made by the commission.  The commission must:

11-23                (1)  monitor compliance with financial and performance

11-24    requirements using a risk assessment methodology; and

11-25                (2)  obtain and evaluate program cost information to

11-26    ensure that each cost, including an administrative cost, is

11-27    reasonable and necessary to achieve program objectives.

 12-1          Sec. 461.0127.  TECHNICAL ASSISTANCE PROGRAM.  The commission

 12-2    shall adopt technical assistance policies and procedures for a

 12-3    technical assistance program that:

 12-4                (1)  is clearly separate from the commission's contract

 12-5    monitoring activities;

 12-6                (2)  has a single office for technical assistance

 12-7    requests; and

 12-8                (3)  includes explicit response time frames.

 12-9          Sec. 461.0141.  SERVICES FUNDING.  (a)  The commission by

12-10    rule shall adopt a system of funding the provision of chemical

12-11    dependency services that includes competitive and noncompetitive

12-12    procedures to:

12-13                (1)  maximize the range of treatment services available

12-14    in each service region;

12-15                (2)  provide reasonable access in each region to

12-16    available services; and

12-17                (3)  include local public participation in making

12-18    regional funding decisions and formal funding recommendations.

12-19          (b)  The system must require that the commission award each

12-20    proposed chemical dependency services contract to the applicant

12-21    that the commission determines has made the bid that provides the

12-22    best value.

12-23          (c)  In determining the best value bid for a contract under

12-24    this section, the commission shall consider:

12-25                (1)  the quality of the proposed service;

12-26                (2)  cost;

12-27                (3)  the applicant's ability to:

 13-1                      (A)  perform the contract;

 13-2                      (B)  provide the required services; and

 13-3                      (C)  provide continuity of service;

 13-4                (4)  whether the applicant can perform the contract or

 13-5    provide the services within the period required, without delay or

 13-6    interference;

 13-7                (5)  the applicant's history of:

 13-8                      (A)  contract performance; and

 13-9                      (B)  compliance with the laws relating to the

13-10    applicant's business operations and the affected services;

13-11                (6)  whether the applicant's financial resources are

13-12    sufficient to perform the contract and to provide the services;

13-13                (7)  whether necessary or desirable support and

13-14    ancillary services are available to the applicant;

13-15                (8)  the degree of community support for the applicant;

13-16                (9)  the quality of the facilities and equipment

13-17    available to or proposed by the applicant;

13-18                (10)  the ability of the applicant to meet all

13-19    applicable written commission policies, principles, and

13-20    regulations;

13-21                (11)  state investment in the applicant; and

13-22                (12)  other factors the commission determines relevant.

13-23          (d)  Rules adopted under this section must set out the

13-24    commission's provider selection processes, including:

13-25                (1)  service purchase methods;

13-26                (2)  eligibility criteria;

13-27                (3)  provider selections criteria; and

 14-1                (4)  selection determination procedures.

 14-2          Sec. 461.0142.  FUNDING POLICY MANUAL.  (a)  The commission

 14-3    shall publish a funding policy manual that explains:

 14-4                (1)  the commission's funding priorities and provider

 14-5    selection criteria; and

 14-6                (2)  the methods the commission used to develop funding

 14-7    policies.

 14-8          (b)  The commission shall update the manual annually.

 14-9          Sec. 461.0143.  UNIT RATE REIMBURSEMENT.  (a)  The commission

14-10    shall study the procurement of and payment for chemical dependency

14-11    treatment services on a unit rate reimbursement basis.

14-12          (b)  If the commission determines, after consideration of the

14-13    study, that procurement of and payment for chemical dependency

14-14    treatment services on a unit rate reimbursement basis in

14-15    appropriate areas of the state would result in obtaining the

14-16    highest quality treatment services at the best price and the lowest

14-17    administrative cost to the commission, the commission shall adopt a

14-18    unit rate reimbursement system for those services.  The system

14-19    must:

14-20                (1)  include competitive procurement;

14-21                (2)  monitor provider performance;

14-22                (3)  monitor the reasonableness of provider costs and

14-23    expenditures;

14-24                (4)  verify provider costs before and after a contract

14-25    term to ensure rates are set appropriately;

14-26                (5)  ensure accountability of providers; and

14-27                (6)  contain costs.

 15-1          (c)  The commission may procure and pay for chemical

 15-2    dependency prevention and intervention services under a unit rate

 15-3    reimbursement system when the commission determines it is

 15-4    appropriate.

 15-5          (d)  In this section, "unit rate reimbursement" means

 15-6    reimbursement for a service paid at a specified rate for a unit of

 15-7    the service provided to a client multiplied by the number of units

 15-8    provided.

 15-9          SECTION 8.  Sections 464.003 and 464.008, Health and Safety

15-10    Code, are amended to read as follows:

15-11          Sec. 464.003.  EXEMPTIONS.  This subchapter does not apply

15-12    to:

15-13                (1)  a facility maintained or operated by the federal

15-14    government;

15-15                (2)  a facility directly operated by the state;

15-16                (3)  a facility licensed by the Texas Department of

15-17    [Mental] Health [and Mental Retardation];

15-18                (4)  an educational program for intoxicated drivers;

15-19                (5)  the individual office of a private, licensed

15-20    health care practitioner who personally renders private individual

15-21    or group services within the scope of the practitioner's license

15-22    and in the practitioner's office;

15-23                (6)  an individual who personally provides counseling

15-24    or support services to a chemically dependent person but does not

15-25    offer or purport to offer a chemical dependency treatment program;

15-26    or

15-27                (7)  a 12-step or similar self-help chemical dependency

 16-1    recovery program:

 16-2                      (A)  that does not offer or purport to offer a

 16-3    chemical dependency treatment program;

 16-4                      (B)  that does not charge program participants;

 16-5    and

 16-6                      (C)  in which program participants may maintain

 16-7    anonymity.

 16-8          Sec. 464.008.  ALCOHOL AND DRUG ABUSE TREATMENT LICENSURE

 16-9    FUND.  All application and inspection fees collected by the

16-10    commission under this subchapter are subject to Subchapter F,

16-11    Chapter 404, Government Code [shall be deposited in the state

16-12    treasury to the credit of the alcohol and drug abuse treatment

16-13    licensure fund.  Money in the fund may be appropriated only to the

16-14    commission to administer and enforce this subchapter].

16-15          SECTION 9.  Section 464.014, Health and Safety Code, is

16-16    amended to read as follows:

16-17          Sec. 464.014. DENIAL, REVOCATION, SUSPENSION, OR NONRENEWAL

16-18    OF LICENSE.  (a)  The [executive director of the] commission shall

16-19    [may] deny, revoke, suspend, or refuse to renew a license, place on

16-20    probation a person whose license has been suspended, or reprimand a

16-21    license holder if the applicant or [,] license holder [,] or the

16-22    owner, director, administrator, or a clinical staff member of the

16-23    facility:

16-24                (1)  has a documented history of client abuse or

16-25    neglect; or

16-26                (2)  violates [fails to comply with] this subchapter or

16-27    [with] a rule of the commission [adopted under this subchapter].

 17-1          (b)  If a license suspension is probated, the commission may

 17-2    establish the conditions for completion or violation of the

 17-3    probation.

 17-4          (c)  The denial, revocation, suspension, probation, or

 17-5    nonrenewal takes effect on the 30th day after the date on which the

 17-6    notice was mailed unless:

 17-7                (1)  the commission secures an injunction under Section

 17-8    464.015; or

 17-9                (2)  an administrative appeal is requested.

17-10          (d) [(c)  If an administrative appeal is requested, the

17-11    effective date of the commission's original decision must be

17-12    postponed to allow the person whose license was denied, revoked,

17-13    suspended, or not renewed to participate in the appeal.  The

17-14    commission shall provide an opportunity for the affected person to

17-15    present additional evidence or testimony to the commission.]

17-16          [(d)  A person whose license is denied, revoked, suspended,

17-17    or not renewed is entitled to:]

17-18                [(1)  appeal that decision at a hearing before the

17-19    commission or a hearings officer appointed by the commission; and]

17-20                [(2)  receive notice of the date, time, and place of

17-21    the hearing not later than the 15th day before the date of the

17-22    hearing.]

17-23          [(e)  A request for a hearing must be received by the

17-24    commission not later than the 15th day after the date on which the

17-25    notice of denial, revocation, suspension, or nonrenewal is mailed

17-26    to the applicant or license holder.]

17-27          [(f)]  The commission may restrict attendance at an appeals

 18-1    hearing to the parties and their agents.

 18-2          [(g)  If a license is denied, revoked, suspended,  or not

 18-3    renewed after a hearing, the commission shall send to the

 18-4    applicant or license holder a copy of the commission's findings and

 18-5    grounds for the decision.]

 18-6          [(h)  An order denying, revoking, suspending, or refusing to

 18-7    renew a license takes effect on the 31st day after the date on

 18-8    which the applicant or license holder receives final notice of the

 18-9    denial, revocation, suspension, or nonrenewal.]  A license holder

18-10    whose license is suspended or revoked may not admit new clients

18-11    until the license is reissued.

18-12          [(i)  Chapter 2001, Government Code applies to a judicial

18-13    review of a commission appeals hearing under this subchapter.]

18-14          SECTION 10.  Section 464.017(f), Health and Safety Code, is

18-15    amended to read as follows:

18-16          (f)  Penalties collected under this section by the attorney

18-17    general shall be deposited to the credit of the alcohol and drug

18-18    abuse treatment licensure fund account.  Penalties collected under

18-19    this section by a district or county attorney shall be deposited to

18-20    the credit of the general fund of the county in which the suit was

18-21    heard.

18-22          SECTION 11.  Subchapter A, Chapter 464, Health and Safety

18-23    Code, is amended by adding Section 464.0145 to read as follows:

18-24          Sec. 464.0145.  DISCIPLINARY ACTION HEARING.  (a)  If the

18-25    commission proposes to suspend, revoke, or refuse to renew a

18-26    person's license, the person is entitled to a hearing conducted by

18-27    the State Office of Administrative Hearings.

 19-1          (b)  Procedures for a disciplinary action are governed by the

 19-2    administrative procedure law, Chapter 2001, Government Code.

 19-3          (c)  Rules of practice adopted by the commission under

 19-4    Section 2001.004, Government Code, applicable to the proceedings

 19-5    for a disciplinary action may not conflict with rules adopted by

 19-6    the State Office of Administrative Hearings.

 19-7          SECTION 12.  Section 10(b), Chapter 635, Acts of the 72nd

 19-8    Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas

 19-9    Civil Statutes), is amended to read as follows:

19-10          (b)  To be eligible for a license under this Act, a person

19-11    must:

19-12                (1)  [be a citizen of the State of Texas;]

19-13                [(2)]  be at least 18 years of age;

19-14                (2) [(3)]  have a high school diploma or its

19-15    equivalent;

19-16                (3) [(4)]  have completed 270 classroom hours of

19-17    approved curricula;

19-18                (4) [(5)]  have 4,000 hours of approved supervised

19-19    experience working with chemically dependent persons;

19-20                (5) [(6)]  have completed 300 hours of approved

19-21    supervised field work practicum;

19-22                (6) [(7)]  have two letters of reference from licensed

19-23    chemical dependency counselors;

19-24                (7) [(8)]  pass a written examination approved by the

19-25    commission;

19-26                (8) [(9)]  submit a case presentation to the test

19-27    administrator [commission];

 20-1                (9) [(10)]  pass an oral examination approved by the

 20-2    commission;

 20-3                (10) [(11)]  be determined by the commission to be

 20-4    worthy of the public trust and confidence;

 20-5                (11) [(12)]  successfully complete the chemical

 20-6    dependency counselor examination under Section 11 of this Act; and

 20-7                (12) [(13)]  sign a written agreement to abide by the

 20-8    standards of ethics approved by the commission.

 20-9          SECTION 13.  Section 13, Chapter 635, Acts of the 72nd

20-10    Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas

20-11    Civil Statutes), is amended by amending Subsections (b), (c), (d),

20-12    and (e) and by adding Subsections (f) and (g) to read as follows:

20-13          (b)  At least 30 days before the expiration of a person's

20-14    [Not later than the 30th day before the expiration date of a]

20-15    license [issued under this Act], the commission shall send written

20-16    notice of the impending [notify the license holder in writing of

20-17    the date of the] license expiration, the amount of the renewal fee,

20-18    and any continuing education provisions required to renew the

20-19    license [by sending a notice] to the license holder at [the address

20-20    of] the license holder's [holder] last known address according to

20-21    [the] commission records.

20-22          (c)  A person who is otherwise eligible to renew a license

20-23    may renew an unexpired license by paying the required renewal fee

20-24    to the commission before the expiration date of the license.  A

20-25    person whose license has expired may not engage in activities that

20-26    require a license until the license has been renewed under the

20-27    provisions of this section.

 21-1          (d) [(c)]  If the person's [a] license has been expired for

 21-2    90 days or less, the person may renew the license by paying to the

 21-3    commission one and one-half times the required renewal fee [and a

 21-4    fee that is one-half of the examination fee for the license].

 21-5          (e) [(d)]  If a license has been expired for longer than 90

 21-6    days but less than one year [two years], the person may renew the

 21-7    license  by paying to the commission two times the required renewal

 21-8    fee.

 21-9          (f)  If the person's license has been expired for one year or

21-10    longer, the person may not renew the license.  The person may

21-11    obtain a new license by submitting to reexamination and complying

21-12    with the requirements and procedures for obtaining an original [all

21-13    unpaid renewal fees and a fee that is equal to the examination fee

21-14    for the] license.

21-15          (g)  If the person was licensed in this state, moved to

21-16    another state, and is currently licensed and has been in practice

21-17    in the other state for the two years preceding application, the

21-18    person may renew an expired license without reexamination.  The

21-19    person must pay to the commission a fee that is equal to two times

21-20    the required renewal fee for the license [(e)  If the person's

21-21    license has been expired for two years or more, the person may

21-22    obtain a new license by submitting to reexamination, if an

21-23    examination was originally required, and complying with the

21-24    requirements and procedures for obtaining an original license under

21-25    this Act].

21-26          SECTION 14.  Sections 15, 16, and 17, Chapter 635, Acts of

21-27    the 72nd Legislature, Regular Session, 1991 (Article 4512o,

 22-1    Vernon's Texas Civil Statutes), are amended to read as follows:

 22-2          Sec. 15.  CONTINUING EDUCATION.  The commission shall

 22-3    recognize, prepare, or administer [approve the preparation and

 22-4    administration of] continuing education programs for licensed

 22-5    chemical dependency counselors [under this Act].  Participation in

 22-6    the programs is mandatory for licensure.  A person licensed under

 22-7    this Act  must complete at least 60 hours of continuing education

 22-8    in each two-year period in which the person holds a license as a

 22-9    requirement for the renewal of the license.  The commission shall

22-10    provide by rule for the administration of the continuing education

22-11    requirements for license renewal under this Act.

22-12          Sec. 16.  LICENSE REFUSAL;  DISCIPLINARY ACTIONS.  (a) The

22-13    commission shall [may] refuse to issue a license, revoke, suspend,

22-14    or refuse to [or] renew a license, place on probation a license

22-15    holder whose license  has been suspended, or reprimand a license

22-16    holder if the person or license holder [, or revoke or suspend a

22-17    license issued under this Act for]:

22-18                (1)  violates or assists [violating or assisting]

22-19    another to violate this Act or a rule of the commission adopted

22-20    under this Act;

22-21                (2)  circumvents or attempts [circumventing or

22-22    attempting] to circumvent this Act or a rule of the commission

22-23    adopted under this Act;

22-24                (3)  participates [participating], directly or

22-25    indirectly, in a plan the purpose of which is the evasion of this

22-26    Act or a rule of the commission adopted under this Act;

22-27                (4)  engages [engaging] in false, misleading, or

 23-1    deceptive conduct as defined by Section 17.46, Business & Commerce

 23-2    Code;

 23-3                (5)  engages [engaging] in conduct that discredits or

 23-4    tends to discredit the profession of chemical dependency

 23-5    counseling;

 23-6                (6)  reveals or causes [revealing or causing] to be

 23-7    revealed, directly or indirectly, a confidential communication made

 23-8    to the licensed chemical dependency counselor by a client or

 23-9    recipient of services, except as required by law;

23-10                (7)  has [having] a license to practice chemical

23-11    dependency counseling in another jurisdiction refused, suspended,

23-12    or revoked for a reason that the commission finds would constitute

23-13    a violation of this Act or a commission rule established under this

23-14    Act;

23-15                (8)  refuses [refusing] to perform an act or service

23-16    for which the person is licensed to perform under this Act on the

23-17    basis of the client's or recipient's age, sex, race, religion,

23-18    national origin, color, or political affiliation;  or

23-19                (9)  commits [committing] an act for which liability

23-20    exists under Chapter 81, Civil Practice and Remedies Code.

23-21          (b)  If a license suspension is probated, the commission may

23-22    require the license holder to:

23-23                (1)  report regularly to the commission on matters that

23-24    are the basis of the probation;

23-25                (2)  limit practice to the areas prescribed by the

23-26    commission; or

23-27                (3)  continue or review professional education until

 24-1    the license holder attains a degree of skill satisfactory to the

 24-2    commission in the areas that are the basis of the probation.

 24-3          Sec. 17.  DISCIPLINARY PROCEEDINGS.  (a)  A person may file a

 24-4    complaint with the commission alleging a violation of this Act. The

 24-5    complaint must be [by filing a charge with the commission] in

 24-6    writing and under oath.

 24-7          (b)  If the [The commission may order that the revocation or

 24-8    suspension of a license be probated as long as the license holder

 24-9    complies with the terms of probation established by the commission.

24-10    The commission shall determine the length of the probationary

24-11    period at the time the probation is ordered.  At any time while the

24-12    license holder is on probation, the commission may hold a hearing

24-13    and, on a majority vote, rescind the probation and enforce the

24-14    commission's original action in revoking or suspending the license.]

24-15          [(c)  The] commission proposes to suspend, revoke, or refuse

24-16    to renew a person's license, the person is entitled to a hearing

24-17    conducted by the State Office of Administrative Hearings.

24-18    Procedures for disciplinary action are [shall provide for notice of

24-19    a proposed disciplinary proceeding and an opportunity to appeal

24-20    from a disciplinary proceeding.  A disciplinary proceeding and an

24-21    appeal from the proceeding is] governed by the administrative

24-22    procedure law, Chapter 2001, Government Code.  Rules of practice

24-23    adopted by the commission under Section 2001.004, Government Code,

24-24    applicable to the proceedings for a disciplinary action may not

24-25    conflict with rules adopted by the State Office of Administrative

24-26    Hearings.

24-27          (c)  [Administrative Procedure and Texas Register Act

 25-1    (Article 6252-13a, Vernon's Texas Civil Statutes).     (d)] The

 25-2    commission shall keep a file about [an information file on] each

 25-3    complaint [or charge] filed with the commission that the commission

 25-4    has authority to resolve.  The commission shall provide to the

 25-5    person filing the  complaint and the persons or entities complained

 25-6    about the commission's policies and procedures pertaining to

 25-7    complaint investigation and resolution.  The commission, at least

 25-8    quarterly and until final disposition of the complaint, shall

 25-9    notify the person filing the complaint and the persons or entities

25-10    complained about of the status of the complaint unless the notice

25-11    would jeopardize an undercover investigation.

25-12          (d)  The commission shall keep information about each

25-13    complaint filed with the commission.  The information shall

25-14    include:

25-15                (1)  the date the complaint is received;

25-16                (2)  the name of the complainant;

25-17                (3)  the subject matter of the complaint;

25-18                (4)  a record of all persons contacted in relation to

25-19    the complaint;

25-20                (5)  a summary of the results of the review or

25-21    investigation of the complaint; and

25-22                (6)  for complaints for which the commission took no

25-23    action, an explanation of the reason the complaint was closed

25-24    without action [.  The commission shall inform each party quarterly

25-25    in writing as to the status of the complaint during the

25-26    consideration of a charge filed under this section and until the

25-27    charge is finally resolved].

 26-1          SECTION 15.  Section 19, Chapter 635, Acts of the 72nd

 26-2    Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas

 26-3    Civil Statutes), is amended to read as follows:

 26-4          Sec. 19.  FUND.  The licensed chemical dependency counselors

 26-5    fund account is created in the state treasury.  The account [fund]

 26-6    consists of all money derived from fees, assessments, or charges

 26-7    under this Act. All unobligated and unexpended amounts remaining in

 26-8    that account [fund] are reserved for the use of the commission in

 26-9    the administration and enforcement of this Act.  General revenue

26-10    taxes shall not be used for the administration of this Act.

26-11          SECTION 16.  Chapter 635, Acts of the 72nd Legislature,

26-12    Regular Session, 1991 (Article 4512o, Vernon's Texas Civil

26-13    Statutes), is amended by adding Sections 10A and 18A to read as

26-14    follows:

26-15          Sec. 10A.  PROVISIONAL LICENSE.  (a)  The commission may

26-16    issue a provisional license to an applicant currently licensed in

26-17    another state who seeks a license in Texas.  An applicant for a

26-18    provisional license under this section must:

26-19                (1)  be licensed in good standing as a chemical

26-20    dependency counselor at least two years in another state, the

26-21    District of Columbia, a foreign country, or a territory of the

26-22    United States that has licensing requirements that are

26-23    substantially equivalent to the requirements of this Act;

26-24                (2)  have passed a national or other examination

26-25    recognized by the commission relating to the practice of chemical

26-26    dependency counseling; and

26-27                (3)  be sponsored by a person licensed by the

 27-1    commission under this Act with whom the provisional license holder

 27-2    may practice under this section.

 27-3          (b)  The commission may waive the requirement of Subsection

 27-4    (a)(3) of this section for an applicant if the commission

 27-5    determines that compliance with that subsection would constitute a

 27-6    hardship to the applicant.

 27-7          (c)  A provisional license is valid until the date the

 27-8    commission approves or denies the provisional license holder's

 27-9    application for a license.

27-10          (d)  The commission shall issue a license to the provisional

27-11    license holder if the provisional license holder is eligible to be

27-12    licensed under Section 10.  For purposes of this subsection, the

27-13    commission may waive the requirements prescribed by Sections

27-14    10(b)(8), (9), and (11).

27-15          (e)  The commission must complete the processing of a

27-16    provisional license holder's application for a license not later

27-17    than the 180th day after the date the provisional license is

27-18    issued.  The commission may extend the 180-day limit if the

27-19    commission has not received information necessary to determine

27-20    whether the applicant is eligible for a permanent license.

27-21          (f)  The commission may establish a fee for a provisional

27-22    license in an amount reasonable and necessary to cover the cost of

27-23    issuing the license.

27-24          Sec. 18A.  ADMINISTRATIVE PENALTY.  (a)  The commission may

27-25    assess an administrative penalty against a person who violates this

27-26    Act or a rule adopted under this Act.

27-27          (b)  The penalty may not exceed $1,000 for each violation.

 28-1    Each day of a continuing violation constitutes a separate

 28-2    violation.

 28-3          (c)  In determining the amount of an administrative penalty

 28-4    assessed under this section, the commission shall consider:

 28-5                (1)  the seriousness of the violation;

 28-6                (2)  the history of previous violations;

 28-7                (3)  the amount necessary to deter future violations;

 28-8                (4)  efforts made to correct the violation; and

 28-9                (5)  any other matters that justice may require.

28-10          (d)  All proceedings for the assessment of an administrative

28-11    penalty under this Act are subject to Chapter 2001, Government

28-12    Code.

28-13          (e)  If, after investigation of a possible violation and the

28-14    facts surrounding that possible violation, the commission

28-15    determines that a violation has occurred, the commission shall give

28-16    written notice of the violation to the person alleged to have

28-17    committed the violation.  The notice must include:

28-18                (1)  a brief summary of the alleged violation;

28-19                (2)  a statement of the amount of the proposed penalty

28-20    based on the factors set forth in Subsection (c) of this section;

28-21    and

28-22                (3)  a statement of the person's right to a hearing on

28-23    the occurrence of the violation, the amount of the penalty, or both

28-24    the occurrence of the violation and the amount of the penalty.

28-25          (f)  Not later than the 20th day after the date on which the

28-26    notice is received, the person notified may accept the

28-27    determination of the commission made under this section, including

 29-1    the proposed penalty, or make a written request for a hearing on

 29-2    that determination.

 29-3          (g)  If the person notified of the violation accepts the

 29-4    determination of the commission, the executive director or the

 29-5    executive director's designee shall issue an order approving the

 29-6    determination and ordering that the person pay the proposed

 29-7    penalty.

 29-8          (h)  If the person notified under Subsection (e) of this

 29-9    section timely requests a hearing, the commission shall:

29-10                (1)  set a hearing;

29-11                (2)  give written notice of the hearing to the person;

29-12    and

29-13                (3)  designate a hearings examiner to conduct the

29-14    hearing.

29-15          (i)  The hearings examiner shall make findings of fact and

29-16    conclusions of law and shall promptly issue to the executive

29-17    director or the executive director's designee a proposal for

29-18    decision as to the occurrence of the violation and a recommendation

29-19    as to the amount of the proposed penalty if a penalty is determined

29-20    to be warranted.

29-21          (j)  Based on the findings of fact and conclusions of law and

29-22    the recommendations of the hearings examiner, the executive

29-23    director or the executive director's designee by order may find

29-24    that a violation has occurred and may assess a penalty or may find

29-25    that no violation has occurred.

29-26          (k)  The commission shall give notice of the order under

29-27    Subsection (j) of this section to the person notified.  The notice

 30-1    must include:

 30-2                (1)  separate statements of the findings of fact and

 30-3    conclusions of law;

 30-4                (2)  the amount of any penalty assessed; and

 30-5                (3)  a statement of the right of the person to judicial

 30-6    review of the order.

 30-7          (l)  Not later than the 30th day after the date on which the

 30-8    decision is final as provided by Chapter 2001, Government Code, the

 30-9    person shall:

30-10                (1)  pay the penalty;

30-11                (2)  pay the penalty and file a petition for judicial

30-12    review contesting the occurrence of the violation, the amount of

30-13    the penalty, or both the occurrence of the violation and the amount

30-14    of the penalty; or

30-15                (3)  without paying the penalty, file a petition for

30-16    judicial review contesting the occurrence of the violation, the

30-17    amount of the penalty, or both the occurrence of the violation and

30-18    the amount of the penalty.

30-19          (m)  Within the 30-day period, a person who acts under

30-20    Subsection (l)(3) of this section may:

30-21                (1)  stay enforcement of the penalty by:

30-22                      (A)  paying the penalty to the court for

30-23    placement in an escrow account; or

30-24                      (B)  giving to the court a supersedeas bond that

30-25    is approved by the court for the amount of the penalty and that is

30-26    effective until all judicial review of the order is final; or

30-27                (2)  request the court to stay enforcement of the

 31-1    penalty by:

 31-2                      (A)  filing with the court a sworn affidavit of

 31-3    the person stating that the person is financially unable to pay the

 31-4    amount of the penalty and is financially unable to give the

 31-5    supersedeas bond; and

 31-6                      (B)  giving a copy of the affidavit to the

 31-7    commission by certified mail.

 31-8          (n)  If the commission receives a copy of an affidavit under

 31-9    Subsection (m)(2) of this section, the commission may file with the

31-10    court, within five days after the date the copy is received, a

31-11    contest to the affidavit.  The court shall hold a hearing on the

31-12    facts alleged in the affidavit as soon as practicable and shall

31-13    stay the enforcement of the penalty on finding that the alleged

31-14    facts are true.  The person who files an affidavit has the burden

31-15    of proving that the person is financially unable to pay the penalty

31-16    and to give a supersedeas bond.

31-17          (o)  If the person does not pay the penalty and the

31-18    enforcement of the penalty is not stayed, the commission may refer

31-19    the matter to the attorney general for collection of the penalty.

31-20          (p)  Judicial review of the order:

31-21                (1)  is instituted by filing a petition as provided by

31-22    Subchapter G, Chapter 2001, Government Code; and

31-23                (2)  is under the substantial evidence rule.

31-24          (q)  If the court sustains the occurrence of the violation,

31-25    the court may uphold or reduce the amount of the penalty and order

31-26    the person to pay the full or reduced amount of the penalty.  If

31-27    the court does not sustain the occurrence of the violation, the

 32-1    court shall order that no penalty is owed.

 32-2          (r)  When the judgment of the court becomes final, the court

 32-3    shall proceed under this subsection.  If the person paid the amount

 32-4    of the penalty under Subsection (l)(2) of this section and if that

 32-5    amount is reduced or is not upheld by the court, the court shall

 32-6    order that the commission pay the appropriate amount plus accrued

 32-7    interest to the person.  The rate of the interest is the rate

 32-8    charged on loans to depository institutions by the New York Federal

 32-9    Reserve Bank, and the interest shall be paid for the period

32-10    beginning on the date the penalty was paid and ending on the date

32-11    the penalty is remitted.  If the person paid the penalty under

32-12    Subsection (m)(1)(A) of this section or gave a supersedeas bond and

32-13    if the amount of the penalty is not upheld by the court, the court

32-14    shall order the release of the escrow account or bond.  If the

32-15    person paid the penalty under Subsection (m)(1)(A) and the amount

32-16    of the penalty is reduced, the court shall order that the amount of

32-17    the penalty be paid to the commission from the escrow account and

32-18    that the remainder of the account be released.  If the person gave

32-19    a supersedeas bond and if the amount of the penalty is reduced, the

32-20    court shall order the release of the bond after the person pays the

32-21    amount.

32-22          (s)  An administrative penalty collected under this section

32-23    shall be deposited in the state treasury to the credit of the

32-24    general revenue fund.

32-25          (t)  The commission may assess reasonable expenses and costs

32-26    against a person in an administrative hearing if, as a result of

32-27    the hearing, an administrative penalty is assessed against the

 33-1    person.  The person shall pay expenses and costs assessed under

 33-2    this subsection not later than the 30th day after the date of the

 33-3    order of the executive director or the executive director's

 33-4    designee requiring the payment of expenses and costs is final.  The

 33-5    commission may refer the matter to the attorney general for

 33-6    collection of the expenses and costs.

 33-7          (u)  If the attorney general brings an action against a

 33-8    person to enforce an administrative penalty assessed under this Act

 33-9    and the person is found liable for an administrative penalty, the

33-10    attorney general may recover, on behalf of the attorney general and

33-11    the commission, reasonable expenses and costs.

33-12          (v)  For purposes of this section, "reasonable expenses and

33-13    costs" includes expenses incurred by the commission and the

33-14    attorney general in the investigation, initiation, or prosecution

33-15    of an action, including reasonable investigative costs, court

33-16    costs, attorney's fees, witness fees, and deposition expenses.

33-17          (w)  Costs and expenses incurred by the commission that are

33-18    collected under this section shall be deposited in the state

33-19    treasury to the credit of a special account that may be

33-20    appropriated only to the commission.

33-21          (x)  Venue for and jurisdiction of any suit to collect any

33-22    fees, fines, penalties, claims, debts, or any other obligations

33-23    owed to the commission is conferred exclusively upon the district

33-24    courts in Travis County and none other.

33-25          SECTION 17.  Sections 106.115(a), (b), (c), and (d),

33-26    Alcoholic Beverage Code, are amended to read as follows:

33-27          (a)  Except as provided by Subsection (b), on conviction of a

 34-1    minor of an offense under Section 106.02, 106.04, or 106.05, the

 34-2    court, in addition to assessing a fine as provided by those

 34-3    sections, shall require the defendant to attend an alcohol

 34-4    awareness program [course] approved by the Texas Commission on

 34-5    Alcohol and Drug Abuse. If the defendant is younger than 18 years

 34-6    of age, the court may require the parent or guardian of the

 34-7    defendant to attend the program [course] with the defendant.  The

 34-8    Texas Commission on Alcohol and Drug Abuse:

 34-9                (1)  is responsible for the administration of the

34-10    certification of approved alcohol awareness programs;

34-11                (2)  may charge a nonrefundable application fee for:

34-12                      (A)  initial certification of the approval; or

34-13                      (B)  renewal of the certification;

34-14                (3)  shall adopt rules regarding alcohol awareness

34-15    programs approved under this section; and

34-16                (4)  shall monitor, coordinate, and provide training to

34-17    a person who provides an alcohol awareness program.

34-18          (b)  If the defendant resides in a rural or other area in

34-19    which access to an alcohol awareness program [course] is not

34-20    readily available, the court shall require the defendant to perform

34-21    eight to 12 hours of community service instead of participating in

34-22    an alcohol awareness program [course].

34-23          (c)  When requested, an alcohol awareness program [course]

34-24    may be taught in languages other than English.

34-25          (d)  The court shall require the defendant to present to the

34-26    court, within 90 days of the date of final conviction, evidence in

34-27    the form prescribed by the court that the defendant, as ordered by

 35-1    the court, has satisfactorily completed an alcohol awareness

 35-2    program [course] or performed the required hours of community

 35-3    service.  If the defendant presents the required evidence within

 35-4    the prescribed period, the court may reduce the assessed fine to an

 35-5    amount equal to no less than one-half of the amount of the initial

 35-6    fine.

 35-7          SECTION 18.  Section 13(j), Article 42.12, Code of Criminal

 35-8    Procedure, is amended to read as follows:

 35-9          (j)  The judge shall require a defendant who is punished

35-10    under Section 49.09, Penal Code, as a condition of community

35-11    supervision, to attend and successfully complete an educational

35-12    program for repeat offenders approved by the Texas Commission on

35-13    Alcohol and Drug Abuse.  The Texas Commission on Alcohol and Drug

35-14    Abuse shall adopt rules and shall monitor, coordinate, and provide

35-15    training to persons providing the educational programs.  The Texas

35-16    Commission on Alcohol and Drug Abuse is responsible for the

35-17    administration of the certification of approved educational

35-18    programs and may charge a nonrefundable application fee for initial

35-19    certification of approval or for renewal of the certification.  The

35-20    judge may waive the educational program requirement only if the

35-21    defendant by a motion in writing shows good cause.  In determining

35-22    good cause, the judge may consider the defendant's school and work

35-23    schedule, the defendant's health, the distance that the defendant

35-24    must travel to attend an educational program, and whether the

35-25    defendant resides out of state or does not have access to

35-26    transportation.  The judge shall set out the finding of good cause

35-27    in the judgment.  If a defendant is required, as a condition of

 36-1    community supervision, to attend an educational program, the court

 36-2    clerk shall immediately report that fact to the Department of

 36-3    Public Safety, on a form prescribed by the department, for

 36-4    inclusion in the defendant's driving record.  The report must

 36-5    include the beginning date of the defendant's community

 36-6    supervision.  On the successful completion of the educational

 36-7    program for repeat offenders, the defendant shall give notice to

 36-8    the community supervision and corrections department.  The

 36-9    community supervision and corrections department shall then forward

36-10    the notice to the court clerk.  The court clerk shall then report

36-11    the date of successful completion of the educational program to the

36-12    Department of Public Safety for inclusion in the defendant's

36-13    driving record.  If the Department of Public Safety does not

36-14    receive notice that a defendant required to complete an educational

36-15    program has successfully completed the program for repeat offenders

36-16    within the period required by the judge, as shown on department

36-17    records, the department shall revoke the defendant's driver's

36-18    license, permit, or privilege or prohibit the defendant from

36-19    obtaining a license or permit, as provided by Section 24(g)(2),

36-20    Chapter 173, Acts of the 47th Legislature, Regular Session, 1941

36-21    (Article 6687b, Vernon's Texas Civil Statutes).

36-22          SECTION 19.  Section 521.376, Transportation Code, is amended

36-23    to read as follows:

36-24          Sec. 521.376.  DUTIES OF TEXAS COMMISSION ON ALCOHOL AND DRUG

36-25    ABUSE; APPLICATION AND RENEWAL FEES.  The Texas Commission on

36-26    Alcohol and Drug Abuse [shall]:

36-27                (1)  shall monitor, coordinate, and provide training to

 37-1    persons who provide educational programs under Section 521.374;

 37-2    [and]

 37-3                (2)  shall administer the approval of those educational

 37-4    programs; and

 37-5                (3)  may charge a nonrefundable application fee for:

 37-6                      (A)  initial certification of approval; and

 37-7                      (B)  renewal of the certification.

 37-8          SECTION 20.  (a) The Texas Commission on Alcohol and Drug

 37-9    Abuse shall adopt the first statewide service delivery plan

37-10    required by Section 461.0124, Health and Safety Code, as added by

37-11    this Act, not later than February 1, 1998.

37-12          (b)  The Texas Commission on Alcohol and Drug Abuse shall

37-13    conduct the study required by Section 461.0143, Health and Safety

37-14    Code, as added by this Act, from the effective date of this Act

37-15    until August 31, 1998.  If the results of the study are positive,

37-16    under the criteria provided by Subsection (b) of that section, the

37-17    commission shall implement a unit rate reimbursement system as

37-18    provided by that subsection for the fiscal year 1999 chemical

37-19    dependency treatment service contracts.

37-20          (c)  As soon as is practicable after the effective date of

37-21    this Act, the governor shall appoint six members to the Texas

37-22    Commission on Alcohol and Drug Abuse as provided by Section

37-23    461.003, Health and Safety Code, as amended by this Act.  The

37-24    governor shall determine the terms of each appointed member so

37-25    that:

37-26                (1)  two members' terms expire February 1, 1999;

37-27                (2)  two members' terms expire February 1, 2001; and

 38-1                (3)  two members' terms expire February 1, 2003.

 38-2          SECTION 21.  In conjunction with its review of health and

 38-3    human service agencies for presentation to the 76th Legislature,

 38-4    the Texas Sunset Commission shall study whether the treatment

 38-5    programs of the Texas Commission on Alcohol and Drug Abuse should

 38-6    be transferred to the Texas Department of Mental Health and Mental

 38-7    Retardation and the Texas Department of Health.  The Texas Sunset

 38-8    Commission shall consider the results of the study in developing

 38-9    its recommendations prior to the 76th Legislature.

38-10          SECTION 22.  This Act takes effect September 1, 1997.

38-11          SECTION 23.  The importance of this legislation and the

38-12    crowded condition of the calendars in both houses create an

38-13    emergency and an imperative public necessity that the

38-14    constitutional rule requiring bills to be read on three several

38-15    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. 2119 was passed by the House on April

         29, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2119 on May 19, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2119 was passed by the Senate, with

         amendments, on May 15, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor