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