1-1 By: Bosse (Senate Sponsor - Madla) H.B. No. 2119
1-2 (In the Senate - Received from the House April 30, 1997;
1-3 May 1, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 9, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 10, Nays 0; May 9, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Madla
1-8 Amend H.B. No. 2119, in SECTION 7 of the bill, added Section
1-9 461.0143, Health and Safety Code, by striking Subsection (b) (page
1-10 7, line 37 through line 52, engrossed version) and substituting the
1-11 following:
1-12 (b) If the commission determines, after consideration of the
1-13 study, that procurement of and payment for chemical dependency
1-14 treatment services on a unit rate reimbursement basis in
1-15 appropriate areas of the state would result in obtaining the
1-16 highest quality treatment services at the best price and the lowest
1-17 administrative cost to the commission, the commission shall adopt a
1-18 unit rate reimbursement system for those services. The system
1-19 must:
1-20 (1) include competitive procurement;
1-21 (2) monitor provider performance;
1-22 (3) monitor the reasonableness of provider costs and
1-23 expenditures;
1-24 (4) verify provider costs before and after a contract
1-25 term to ensure rates are set appropriately;
1-26 (5) ensure accountability of providers; and
1-27 (6) contain costs.
1-28 COMMITTEE AMENDMENT NO. 2 By: Madla
1-29 Amend H.B. No. 2119 in SECTION 7 of the bill, added Section
1-30 461.0051, Health and Safety Code, by striking proposed Subsections
1-31 (a) and (b) (page 5, line 17, through page 5, line 44, engrossed
1-32 version) and substituting the following:
1-33 (a) To be eligible to take office as a member of the
1-34 commission, a person appointed to the commission must complete at
1-35 least one course of a training program that complies with
1-36 Subsection (b).
1-37 (b) The training program required by Subsection (a) must
1-38 provide information to the person regarding:
1-39 (1) the enabling legislation that created the
1-40 commission and its policymaking body to which the member is
1-41 appointed to serve;
1-42 (2) the programs operated by the commission;
1-43 (3) the role and functions of the commission;
1-44 (4) the rules of the commission, with an emphasis on
1-45 the rules that relate to disciplinary and investigatory authority;
1-46 (5) the current budget for the commission;
1-47 (6) the results of the most recent formal audit of the
1-48 commission;
1-49 (7) the requirements of the:
1-50 (A) open meetings law, Chapter 551, Government
1-51 Code;
1-52 (B) open records law, Chapter 552, Government
1-53 Code; and
1-54 (C) administrative procedure law, Chapter 2001,
1-55 Government Code;
1-56 (8) the requirements of the conflict-of-interest laws
1-57 and other laws relating to public officials; and
1-58 (9) any applicable ethics policies adopted by the
1-59 commission or the Texas Ethics Commission.
1-60 (c) A person appointed to the commission is entitled to
1-61 reimbursement for travel expenses incurred in attending the
1-62 training program required by Subsection (a) as provided by the
1-63 General Appropriations Act and as if the person were a member of
1-64 the commission.
2-1 COMMITTEE AMENDMENT NO. 3 By: Madla
2-2 Amend H.B. No. 2119 by striking proposed SECTION 21 and
2-3 substituting the following:
2-4 SECTION 21. In conjunction with its review of health and
2-5 human service agencies for presentation to the Seventy-sixth
2-6 Legislature, the Sunset Commission shall study whether the
2-7 treatment programs of the Texas Commission on Alcohol and Drug
2-8 Abuse should be transferred to the Texas Department of Mental
2-9 Health and Mental Retardation and the Texas Department of Health.
2-10 The Sunset Commission shall consider the results of the study in
2-11 developing its recommendations prior to the Seventy-sixth
2-12 Legislature.
2-13 COMMITTEE AMENDMENT NO. 4 By: Madla
2-14 Amend H.B. No. 2119, in SECTION 7 of the bill, added Section
2-15 461.012, Health and Safety Code, by striking Subsection (b) (page
2-16 6, line 29 through line 32, engrossed version) and substituting the
2-17 following:
2-18 (b) Contract goals must include a standard developed by the
2-19 commission that is based on a percentage of program clients who
2-20 maintain long term recovery for an extended period as defined by
2-21 the commission.
2-22 A BILL TO BE ENTITLED
2-23 AN ACT
2-24 relating to the continuation and functions of the Texas Commission
2-25 on Alcohol and Drug Abuse; providing penalties.
2-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-27 SECTION 1. Section 461.003(c), Health and Safety Code, is
2-28 amended to read as follows:
2-29 (c) Appointments to the commission shall be made without
2-30 regard to race, color, disability [handicap], sex, religion, age,
2-31 or national origin of the appointees.
2-32 SECTION 2. Sections 461.004 and 461.006, Health and Safety
2-33 Code, are amended to read as follows:
2-34 Sec. 461.004. APPLICATION OF SUNSET ACT. The Texas
2-35 Commission on Alcohol and Drug Abuse is subject to Chapter 325,
2-36 Government Code (Texas Sunset Act). Unless continued in existence
2-37 as provided by that chapter, the commission is abolished and this
2-38 chapter expires September 1, 2009 [1997].
2-39 Sec. 461.006. TERMS. Commission members serve staggered
2-40 six-year terms, with the terms of two members expiring February 1
2-41 of each odd-numbered year [for two-year terms].
2-42 SECTION 3. Sections 461.011(b), (c), (e), (f), and (g),
2-43 Health and Safety Code, are amended to read as follows:
2-44 (b) The executive director or the executive director's
2-45 designee shall develop an intra-agency career ladder program that
2-46 addresses opportunities for mobility and advancement for employees
2-47 within the commission. The program shall require intra-agency
2-48 posting of all [nonentry level] positions concurrently with any
2-49 public posting.
2-50 (c) The executive director or the executive director's
2-51 designee shall develop a system of annual performance evaluations
2-52 that are based on documented employee performance [measurable job
2-53 tasks]. All merit pay for commission employees must be based on
2-54 the system established under this subsection.
2-55 (e) The executive director or the executive director's
2-56 designee shall prepare and maintain a written policy statement to
2-57 assure implementation of a program of equal employment opportunity
2-58 under which all personnel transactions are made without regard to
2-59 race, color, disability [handicap], sex, religion, age, or national
2-60 origin. The policy statement must include:
2-61 (1) personnel policies, including policies relating to
2-62 recruitment, evaluation, selection, appointment, training, and
2-63 promotion of personnel, that are in compliance with requirements of
2-64 Chapter 21, Labor Code;
2-65 (2) a comprehensive analysis of the commission work
2-66 force that meets federal and state laws, rules, regulations, and
2-67 instructions directly promulgated from those laws, rules, and
2-68 regulations [guidelines]; [and]
2-69 (3) procedures by which a determination can be made
3-1 about the extent of underuse [of significant underutilization] in
3-2 the commission work force of all persons for whom federal or state
3-3 laws, rules, regulations, and instructions directly promulgated
3-4 from those laws, rules, and regulations [guidelines] encourage a
3-5 more equitable balance; and
3-6 (4) reasonable methods to appropriately address those
3-7 areas of underuse [significant underutilization].
3-8 (f) A policy statement prepared under Subsection (e) must:
3-9 (1) cover an annual period;
3-10 (2) be updated [at least] annually and reviewed by the
3-11 Texas Commission on Human Rights for compliance with Subsection
3-12 (e); and
3-13 (3) be filed with the governor's office [governor].
3-14 (g) The governor's office [governor] shall deliver [submit]
3-15 a biennial report to the legislature based on the information
3-16 received under Subsection (f) [(f)(3)]. The report may be made
3-17 separately or as a part of other biennial reports made to the
3-18 legislature.
3-19 SECTION 4. Sections 461.014(b) and (c), Health and Safety
3-20 Code, are amended to read as follows:
3-21 (b) All money paid to the commission under this chapter is
3-22 subject to Subchapter F, Chapter 404, Government Code [shall be
3-23 deposited in the state treasury and may be used only to administer
3-24 this chapter].
3-25 (c) The commission shall prepare [file] annually [with the
3-26 governor and the presiding officer of each house of the
3-27 legislature] a complete and detailed written report accounting for
3-28 all funds received and disbursed by the commission during the
3-29 preceding fiscal year. The annual report must meet the reporting
3-30 requirements applicable to financial reporting provided in [be in
3-31 the form and reported in the time provided by] the General
3-32 Appropriations Act.
3-33 SECTION 5. Sections 461.015(c) and (d), Health and Safety
3-34 Code, are amended to read as follows:
3-35 (c) The commission shall keep a file about each written
3-36 complaint filed with the commission that the commission has
3-37 authority to resolve. The commission shall provide to the person
3-38 filing the complaint and to the persons or entities complained
3-39 about the commission's policies and procedures pertaining to
3-40 complaint investigation and resolution. The [If a written
3-41 complaint is filed with the commission relating to a licensee or
3-42 entity regulated by the commission, the] commission, at least
3-43 quarterly and until final disposition of the complaint, shall
3-44 notify the complainant and each person or entity complained about
3-45 [parties to the complaint] of the status of the complaint unless
3-46 notice would jeopardize an undercover investigation.
3-47 (d) The commission shall keep [an] information [file] about
3-48 each complaint filed with the commission. The information must
3-49 include:
3-50 (1) the date the complaint is received;
3-51 (2) the name of the complainant;
3-52 (3) the subject matter of the complaint;
3-53 (4) a record of all persons contacted in relation to
3-54 the complaint;
3-55 (5) a summary of the results of the review or
3-56 investigation of the complaint;
3-57 (6) an explanation of the reason the complaint was
3-58 closed without action, for complaints on which the commission took
3-59 no action [relating to a licensee or entity funded or regulated by
3-60 the commission].
3-61 SECTION 6. Section 461.012, Health and Safety Code, is
3-62 amended by amending Subsections (a) and (b) and by adding
3-63 Subsections (d) and (e) to read as follows:
3-64 (a) The commission shall:
3-65 (1) provide for research and study of the problems of
3-66 chemical dependency in this state and seek to focus public
3-67 attention on those problems through public information and
3-68 education programs;
3-69 (2) plan, develop, coordinate, evaluate, and implement
4-1 constructive methods and programs for the prevention, intervention,
4-2 treatment, and rehabilitation of chemical dependency in cooperation
4-3 with federal and state agencies, local governments, organizations,
4-4 and persons, and provide technical assistance, funds, and
4-5 consultation services for statewide and community-based services;
4-6 (3) cooperate with and enlist the assistance of:
4-7 (A) other state, federal, and local agencies;
4-8 (B) hospitals and clinics;
4-9 (C) public health, welfare, and criminal justice
4-10 system authorities;
4-11 (D) educational and medical agencies and
4-12 organizations; and
4-13 (E) other related public and private groups and
4-14 persons;
4-15 (4) expand chemical dependency services for children
4-16 when funds are available because of the long-term benefits of those
4-17 services to the state and its citizens;
4-18 (5) sponsor, promote, and conduct educational programs
4-19 on the prevention and treatment of chemical dependency, and
4-20 maintain a public information clearinghouse to purchase and provide
4-21 books, literature, audiovisuals, and other educational material for
4-22 the programs;
4-23 (6) sponsor, promote, and conduct training programs
4-24 for persons delivering prevention, intervention, treatment, and
4-25 rehabilitation services and for persons in the criminal justice
4-26 system or otherwise in a position to identify chemically dependent
4-27 persons and their families in need of service;
4-28 (7) require programs rendering services to chemically
4-29 dependent persons to safeguard those persons' legal rights of
4-30 citizenship and maintain the confidentiality of client records as
4-31 required by state and federal law;
4-32 (8) maximize the use of available funds for direct
4-33 services rather than administrative services;
4-34 (9) consistently monitor the expenditure of funds and
4-35 the provision of services by all grant and contract recipients to
4-36 assure that the services are effective and properly staffed and
4-37 meet the standards adopted under this chapter;
4-38 (10) make the monitoring reports prepared under
4-39 Subdivision (9) a matter of public record;
4-40 (11) license treatment facilities under Chapter 464;
4-41 (12) use funds appropriated to the commission to carry
4-42 out this chapter and maximize the overall state allotment of
4-43 federal funds;
4-44 (13) develop and implement policies that will provide
4-45 the public with a reasonable opportunity to appear before the
4-46 commission and to speak on any issue under the commission's
4-47 jurisdiction;
4-48 (14) establish minimum criteria that peer assistance
4-49 programs must meet to be governed by and entitled to the benefits
4-50 of a law that authorizes licensing and disciplinary authorities to
4-51 establish or approve peer assistance programs for impaired
4-52 professionals;
4-53 (15) adopt rules governing the functions of the
4-54 commission, including rules that prescribe the policies and
4-55 procedures followed by the commission in administering any
4-56 commission programs; [and]
4-57 (16) plan, develop, coordinate, evaluate, and
4-58 implement constructive methods and programs to provide healthy
4-59 alternatives for youth at risk of selling controlled substances;
4-60 and[.]
4-61 (17) [(16)] submit to the federal government reports
4-62 and strategies necessary to comply with Section 1926 of the federal
4-63 Alcohol, Drug Abuse, and Mental Health Administration
4-64 Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
4-65 reports and strategies are to be coordinated with appropriate state
4-66 governmental entities.
4-67 (b) The commission may establish regional alcohol advisory
4-68 committees consistent with the [24 state planning] regions
4-69 established under Section 531.024, Government Code.
5-1 (d) The commission shall comply with federal and state laws
5-2 related to program and facility accessibility.
5-3 (e) The executive director shall prepare and maintain a
5-4 written plan that describes how a person who does not speak English
5-5 can be provided reasonable access to the commission's programs and
5-6 services.
5-7 SECTION 7. Chapter 461, Health and Safety Code, is amended
5-8 by adding Sections 461.0051, 461.0124, 461.0125, 461.0126,
5-9 461.0127, 461.0141, 461.0142, and 461.0143 to read as follows:
5-10 Sec. 461.0051. COMMISSION MEMBER TRAINING. (a) Before a
5-11 member of the commission may assume the member's duties and before
5-12 the member may be confirmed by the senate, the member must complete
5-13 at least one course of the training program established under this
5-14 section.
5-15 (b) A training program established under this section shall
5-16 provide information to the member regarding:
5-17 (1) the enabling legislation that created the
5-18 commission and its policy-making body to which the member is
5-19 appointed to serve;
5-20 (2) the programs operated by the commission;
5-21 (3) the role and functions of the commission;
5-22 (4) the rules of the commission, with an emphasis on
5-23 the rules that relate to disciplinary and investigatory authority;
5-24 (5) the current budget for the commission;
5-25 (6) the results of the most recent formal audit of the
5-26 commission;
5-27 (7) the requirements of the:
5-28 (A) open meetings law, Chapter 551, Government
5-29 Code;
5-30 (B) open records law, Chapter 552, Government
5-31 Code; and
5-32 (C) administrative procedure law, Chapter 2001,
5-33 Government Code;
5-34 (8) the requirements of the conflict of interest laws
5-35 and other laws relating to public officials; and
5-36 (9) any applicable ethics policies adopted by the
5-37 commission or the Texas Ethics Commission.
5-38 Sec. 461.0124. STATEWIDE SERVICE DELIVERY PLAN. (a) The
5-39 commission shall develop and adopt a statewide service delivery
5-40 plan. The commission shall update the plan not later than February
5-41 1 of each even-numbered year. The plan must include:
5-42 (1) a statement of the commission's mission, goals,
5-43 and objectives regarding chemical dependency prevention,
5-44 intervention, and treatment;
5-45 (2) a statement of how chemical dependency services
5-46 and chemical dependency case management services should be
5-47 organized, managed, and delivered;
5-48 (3) a comprehensive assessment of:
5-49 (A) chemical dependency services available in
5-50 this state at the time the plan is prepared; and
5-51 (B) future chemical dependency services needs;
5-52 (4) a service funding process that ensures equity in
5-53 the availability of chemical dependency services across this state
5-54 and within each service region established under Section 531.024,
5-55 Government Code;
5-56 (5) a provider selection and monitoring process that
5-57 emphasizes quality in the provision of services;
5-58 (6) a description of minimum service levels for each
5-59 region;
5-60 (7) a mechanism for the commission to obtain and
5-61 consider local public participation in identifying and assessing
5-62 regional needs for chemical dependency services;
5-63 (8) a process for coordinating and assisting
5-64 administration and delivery of services among federal, state, and
5-65 local public and private chemical dependency programs that provide
5-66 similar services; and
5-67 (9) a process for coordinating the commission's
5-68 activities with those of other state health and human services
5-69 agencies and criminal justice agencies to avoid duplications and
6-1 inconsistencies in the efforts of the agencies in chemical
6-2 dependency prevention, intervention, treatment, rehabilitation,
6-3 research, education, and training.
6-4 (b) The commission shall gather information needed for the
6-5 development of the plan through systematic methods designed to
6-6 include local, regional, and statewide perspectives.
6-7 (c) In developing the plan, the commission shall analyze the
6-8 costs of implementation of proposed features of the plan by both
6-9 the commission and service providers. The commission shall use the
6-10 analysis to maximize the efficiency of service delivery under the
6-11 final plan.
6-12 Sec. 461.0125. CLIENT SERVICE CONTRACT STANDARDS. (a) In
6-13 each contract for the purchase of chemical dependency
6-14 program-related client services, the commission shall include:
6-15 (1) clearly defined contract goals, outputs, and
6-16 measurable outcomes that relate directly to program objectives;
6-17 (2) clearly defined sanctions or penalties for failure
6-18 to comply with or perform contract terms or conditions; and
6-19 (3) clearly specified accounting, reporting, and
6-20 auditing requirements applicable to money received under the
6-21 contract.
6-22 (b) Contract goals, outputs, and outcomes must include a
6-23 performance standard developed by the commission that is based on a
6-24 percentage of program clients who maintain sobriety for at least
6-25 one year.
6-26 Sec. 461.0126. CONTRACT MONITORING. The commission shall
6-27 establish a formal program to monitor program-related client
6-28 services contracts made by the commission. The commission must:
6-29 (1) monitor compliance with financial and performance
6-30 requirements using a risk assessment methodology; and
6-31 (2) obtain and evaluate program cost information to
6-32 ensure that each cost, including an administrative cost, is
6-33 reasonable and necessary to achieve program objectives.
6-34 Sec. 461.0127. TECHNICAL ASSISTANCE PROGRAM. The commission
6-35 shall adopt technical assistance policies and procedures for a
6-36 technical assistance program that:
6-37 (1) is clearly separate from the commission's contract
6-38 monitoring activities;
6-39 (2) has a single office for technical assistance
6-40 requests; and
6-41 (3) includes explicit response time frames.
6-42 Sec. 461.0141. SERVICES FUNDING. (a) The commission by
6-43 rule shall adopt a system of funding the provision of chemical
6-44 dependency services that includes competitive and noncompetitive
6-45 procedures to:
6-46 (1) maximize the range of treatment services available
6-47 in each service region;
6-48 (2) provide reasonable access in each region to
6-49 available services; and
6-50 (3) include local public participation in making
6-51 regional funding decisions and formal funding recommendations.
6-52 (b) The system must require that the commission award each
6-53 proposed chemical dependency services contract to the applicant
6-54 that the commission determines has made the bid that provides the
6-55 best value.
6-56 (c) In determining the best value bid for a contract under
6-57 this section, the commission shall consider:
6-58 (1) the quality of the proposed service;
6-59 (2) cost;
6-60 (3) the applicant's ability to:
6-61 (A) perform the contract;
6-62 (B) provide the required services; and
6-63 (C) provide continuity of service;
6-64 (4) whether the applicant can perform the contract or
6-65 provide the services within the period required, without delay or
6-66 interference;
6-67 (5) the applicant's history of:
6-68 (A) contract performance; and
6-69 (B) compliance with the laws relating to the
7-1 applicant's business operations and the affected services;
7-2 (6) whether the applicant's financial resources are
7-3 sufficient to perform the contract and to provide the services;
7-4 (7) whether necessary or desirable support and
7-5 ancillary services are available to the applicant;
7-6 (8) the degree of community support for the applicant;
7-7 (9) the quality of the facilities and equipment
7-8 available to or proposed by the applicant;
7-9 (10) the ability of the applicant to meet all
7-10 applicable written commission policies, principles, and
7-11 regulations;
7-12 (11) state investment in the applicant; and
7-13 (12) other factors the commission determines relevant.
7-14 (d) Rules adopted under this section must set out the
7-15 commission's provider selection processes, including:
7-16 (1) service purchase methods;
7-17 (2) eligibility criteria;
7-18 (3) provider selections criteria; and
7-19 (4) selection determination procedures.
7-20 Sec. 461.0142. FUNDING POLICY MANUAL. (a) The commission
7-21 shall publish a funding policy manual that explains:
7-22 (1) the commission's funding priorities and provider
7-23 selection criteria; and
7-24 (2) the methods the commission used to develop funding
7-25 policies.
7-26 (b) The commission shall update the manual annually.
7-27 Sec. 461.0143. UNIT RATE REIMBURSEMENT. (a) The commission
7-28 shall study the procurement of and payment for chemical dependency
7-29 treatment services on a unit rate reimbursement basis.
7-30 (b) If the commission determines, after consideration of the
7-31 study, that procurement of and payment for chemical dependency
7-32 treatment services on a unit rate reimbursement basis would result
7-33 in obtaining the highest quality treatment services at the best
7-34 price and the lowest administrative cost to the commission, the
7-35 commission shall adopt a unit rate reimbursement system for those
7-36 services. The system must:
7-37 (1) include competitive procurement;
7-38 (2) provide for the commission to monitor providers'
7-39 expenditure rates and performance;
7-40 (3) provide for the commission to verify provider
7-41 costs before and after a contract term to ensure rates are set
7-42 appropriately;
7-43 (4) ensure accountability of providers;
7-44 (5) prevent unallowable provider expenditures; and
7-45 (6) contain costs.
7-46 (c) The commission may procure and pay for chemical
7-47 dependency prevention and intervention services under a unit rate
7-48 reimbursement system when the commission determines it is
7-49 appropriate.
7-50 (d) In this section, "unit rate reimbursement" means
7-51 reimbursement for a service paid at a specified rate for a unit of
7-52 the service provided to a client multiplied by the number of units
7-53 provided.
7-54 SECTION 8. Sections 464.003 and 464.008, Health and Safety
7-55 Code, are amended to read as follows:
7-56 Sec. 464.003. EXEMPTIONS. This subchapter does not apply
7-57 to:
7-58 (1) a facility maintained or operated by the federal
7-59 government;
7-60 (2) a facility directly operated by the state;
7-61 (3) a facility licensed by the Texas Department of
7-62 [Mental] Health [and Mental Retardation];
7-63 (4) an educational program for intoxicated drivers;
7-64 (5) the individual office of a private, licensed
7-65 health care practitioner who personally renders private individual
7-66 or group services within the scope of the practitioner's license
7-67 and in the practitioner's office;
7-68 (6) an individual who personally provides counseling
7-69 or support services to a chemically dependent person but does not
8-1 offer or purport to offer a chemical dependency treatment program;
8-2 or
8-3 (7) a 12-step or similar self-help chemical dependency
8-4 recovery program:
8-5 (A) that does not offer or purport to offer a
8-6 chemical dependency treatment program;
8-7 (B) that does not charge program participants;
8-8 and
8-9 (C) in which program participants may maintain
8-10 anonymity.
8-11 Sec. 464.008. ALCOHOL AND DRUG ABUSE TREATMENT LICENSURE
8-12 FUND. All application and inspection fees collected by the
8-13 commission under this subchapter are subject to Subchapter F,
8-14 Chapter 404, Government Code [shall be deposited in the state
8-15 treasury to the credit of the alcohol and drug abuse treatment
8-16 licensure fund. Money in the fund may be appropriated only to the
8-17 commission to administer and enforce this subchapter].
8-18 SECTION 9. Section 464.014, Health and Safety Code, is
8-19 amended to read as follows:
8-20 Sec. 464.014. DENIAL, REVOCATION, SUSPENSION, OR NONRENEWAL
8-21 OF LICENSE. (a) The [executive director of the] commission shall
8-22 [may] deny, revoke, suspend, or refuse to renew a license, place on
8-23 probation a person whose license has been suspended, or reprimand a
8-24 license holder if the applicant or [,] license holder [,] or the
8-25 owner, director, administrator, or a clinical staff member of the
8-26 facility:
8-27 (1) has a documented history of client abuse or
8-28 neglect; or
8-29 (2) violates [fails to comply with] this subchapter or
8-30 [with] a rule of the commission [adopted under this subchapter].
8-31 (b) If a license suspension is probated, the commission may
8-32 establish the conditions for completion or violation of the
8-33 probation.
8-34 (c) The denial, revocation, suspension, probation, or
8-35 nonrenewal takes effect on the 30th day after the date on which the
8-36 notice was mailed unless:
8-37 (1) the commission secures an injunction under Section
8-38 464.015; or
8-39 (2) an administrative appeal is requested.
8-40 (d) [(c) If an administrative appeal is requested, the
8-41 effective date of the commission's original decision must be
8-42 postponed to allow the person whose license was denied, revoked,
8-43 suspended, or not renewed to participate in the appeal. The
8-44 commission shall provide an opportunity for the affected person to
8-45 present additional evidence or testimony to the commission.]
8-46 [(d) A person whose license is denied, revoked, suspended,
8-47 or not renewed is entitled to:]
8-48 [(1) appeal that decision at a hearing before the
8-49 commission or a hearings officer appointed by the commission; and]
8-50 [(2) receive notice of the date, time, and place of
8-51 the hearing not later than the 15th day before the date of the
8-52 hearing.]
8-53 [(e) A request for a hearing must be received by the
8-54 commission not later than the 15th day after the date on which the
8-55 notice of denial, revocation, suspension, or nonrenewal is mailed
8-56 to the applicant or license holder.]
8-57 [(f)] The commission may restrict attendance at an appeals
8-58 hearing to the parties and their agents.
8-59 [(g) If a license is denied, revoked, suspended, or not
8-60 renewed after a hearing, the commission shall send to the
8-61 applicant or license holder a copy of the commission's findings and
8-62 grounds for the decision.]
8-63 [(h) An order denying, revoking, suspending, or refusing to
8-64 renew a license takes effect on the 31st day after the date on
8-65 which the applicant or license holder receives final notice of the
8-66 denial, revocation, suspension, or nonrenewal.] A license holder
8-67 whose license is suspended or revoked may not admit new clients
8-68 until the license is reissued.
8-69 [(i) Chapter 2001, Government Code applies to a judicial
9-1 review of a commission appeals hearing under this subchapter.]
9-2 SECTION 10. Section 464.017(f), Health and Safety Code, is
9-3 amended to read as follows:
9-4 (f) Penalties collected under this section by the attorney
9-5 general shall be deposited to the credit of the alcohol and drug
9-6 abuse treatment licensure fund account. Penalties collected under
9-7 this section by a district or county attorney shall be deposited to
9-8 the credit of the general fund of the county in which the suit was
9-9 heard.
9-10 SECTION 11. Subchapter A, Chapter 464, Health and Safety
9-11 Code, is amended by adding Section 464.0145 to read as follows:
9-12 Sec. 464.0145. DISCIPLINARY ACTION HEARING. (a) If the
9-13 commission proposes to suspend, revoke, or refuse to renew a
9-14 person's license, the person is entitled to a hearing conducted by
9-15 the State Office of Administrative Hearings.
9-16 (b) Procedures for a disciplinary action are governed by the
9-17 administrative procedure law, Chapter 2001, Government Code.
9-18 (c) Rules of practice adopted by the commission under
9-19 Section 2001.004, Government Code, applicable to the proceedings
9-20 for a disciplinary action may not conflict with rules adopted by
9-21 the State Office of Administrative Hearings.
9-22 SECTION 12. Section 10(b), Chapter 635, Acts of the 72nd
9-23 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
9-24 Civil Statutes), is amended to read as follows:
9-25 (b) To be eligible for a license under this Act, a person
9-26 must:
9-27 (1) [be a citizen of the State of Texas;]
9-28 [(2)] be at least 18 years of age;
9-29 (2) [(3)] have a high school diploma or its
9-30 equivalent;
9-31 (3) [(4)] have completed 270 classroom hours of
9-32 approved curricula;
9-33 (4) [(5)] have 4,000 hours of approved supervised
9-34 experience working with chemically dependent persons;
9-35 (5) [(6)] have completed 300 hours of approved
9-36 supervised field work practicum;
9-37 (6) [(7)] have two letters of reference from licensed
9-38 chemical dependency counselors;
9-39 (7) [(8)] pass a written examination approved by the
9-40 commission;
9-41 (8) [(9)] submit a case presentation to the test
9-42 administrator [commission];
9-43 (9) [(10)] pass an oral examination approved by the
9-44 commission;
9-45 (10) [(11)] be determined by the commission to be
9-46 worthy of the public trust and confidence;
9-47 (11) [(12)] successfully complete the chemical
9-48 dependency counselor examination under Section 11 of this Act; and
9-49 (12) [(13)] sign a written agreement to abide by the
9-50 standards of ethics approved by the commission.
9-51 SECTION 13. Section 13, Chapter 635, Acts of the 72nd
9-52 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
9-53 Civil Statutes), is amended by amending Subsections (b), (c), (d),
9-54 and (e) and by adding Subsections (f) and (g) to read as follows:
9-55 (b) At least 30 days before the expiration of a person's
9-56 [Not later than the 30th day before the expiration date of a]
9-57 license [issued under this Act], the commission shall send written
9-58 notice of the impending [notify the license holder in writing of
9-59 the date of the] license expiration, the amount of the renewal fee,
9-60 and any continuing education provisions required to renew the
9-61 license [by sending a notice] to the license holder at [the address
9-62 of] the license holder's [holder] last known address according to
9-63 [the] commission records.
9-64 (c) A person who is otherwise eligible to renew a license
9-65 may renew an unexpired license by paying the required renewal fee
9-66 to the commission before the expiration date of the license. A
9-67 person whose license has expired may not engage in activities that
9-68 require a license until the license has been renewed under the
9-69 provisions of this section.
10-1 (d) [(c)] If the person's [a] license has been expired for
10-2 90 days or less, the person may renew the license by paying to the
10-3 commission one and one-half times the required renewal fee [and a
10-4 fee that is one-half of the examination fee for the license].
10-5 (e) [(d)] If a license has been expired for longer than 90
10-6 days but less than one year [two years], the person may renew the
10-7 license by paying to the commission two times the required renewal
10-8 fee.
10-9 (f) If the person's license has been expired for one year or
10-10 longer, the person may not renew the license. The person may
10-11 obtain a new license by submitting to reexamination and complying
10-12 with the requirements and procedures for obtaining an original [all
10-13 unpaid renewal fees and a fee that is equal to the examination fee
10-14 for the] license.
10-15 (g) If the person was licensed in this state, moved to
10-16 another state, and is currently licensed and has been in practice
10-17 in the other state for the two years preceding application, the
10-18 person may renew an expired license without reexamination. The
10-19 person must pay to the commission a fee that is equal to two times
10-20 the required renewal fee for the license [(e) If the person's
10-21 license has been expired for two years or more, the person may
10-22 obtain a new license by submitting to reexamination, if an
10-23 examination was originally required, and complying with the
10-24 requirements and procedures for obtaining an original license under
10-25 this Act].
10-26 SECTION 14. Sections 15, 16, and 17, Chapter 635, Acts of
10-27 the 72nd Legislature, Regular Session, 1991 (Article 4512o,
10-28 Vernon's Texas Civil Statutes), are amended to read as follows:
10-29 Sec. 15. CONTINUING EDUCATION. The commission shall
10-30 recognize, prepare, or administer [approve the preparation and
10-31 administration of] continuing education programs for licensed
10-32 chemical dependency counselors [under this Act]. Participation in
10-33 the programs is mandatory for licensure. A person licensed under
10-34 this Act must complete at least 60 hours of continuing education
10-35 in each two-year period in which the person holds a license as a
10-36 requirement for the renewal of the license. The commission shall
10-37 provide by rule for the administration of the continuing education
10-38 requirements for license renewal under this Act.
10-39 Sec. 16. LICENSE REFUSAL; DISCIPLINARY ACTIONS. (a) The
10-40 commission shall [may] refuse to issue a license, revoke, suspend,
10-41 or refuse to [or] renew a license, place on probation a license
10-42 holder whose license has been suspended, or reprimand a license
10-43 holder if the person or license holder [, or revoke or suspend a
10-44 license issued under this Act for]:
10-45 (1) violates or assists [violating or assisting]
10-46 another to violate this Act or a rule of the commission adopted
10-47 under this Act;
10-48 (2) circumvents or attempts [circumventing or
10-49 attempting] to circumvent this Act or a rule of the commission
10-50 adopted under this Act;
10-51 (3) participates [participating], directly or
10-52 indirectly, in a plan the purpose of which is the evasion of this
10-53 Act or a rule of the commission adopted under this Act;
10-54 (4) engages [engaging] in false, misleading, or
10-55 deceptive conduct as defined by Section 17.46, Business & Commerce
10-56 Code;
10-57 (5) engages [engaging] in conduct that discredits or
10-58 tends to discredit the profession of chemical dependency
10-59 counseling;
10-60 (6) reveals or causes [revealing or causing] to be
10-61 revealed, directly or indirectly, a confidential communication made
10-62 to the licensed chemical dependency counselor by a client or
10-63 recipient of services, except as required by law;
10-64 (7) has [having] a license to practice chemical
10-65 dependency counseling in another jurisdiction refused, suspended,
10-66 or revoked for a reason that the commission finds would constitute
10-67 a violation of this Act or a commission rule established under this
10-68 Act;
10-69 (8) refuses [refusing] to perform an act or service
11-1 for which the person is licensed to perform under this Act on the
11-2 basis of the client's or recipient's age, sex, race, religion,
11-3 national origin, color, or political affiliation; or
11-4 (9) commits [committing] an act for which liability
11-5 exists under Chapter 81, Civil Practice and Remedies Code.
11-6 (b) If a license suspension is probated, the commission may
11-7 require the license holder to:
11-8 (1) report regularly to the commission on matters that
11-9 are the basis of the probation;
11-10 (2) limit practice to the areas prescribed by the
11-11 commission; or
11-12 (3) continue or review professional education until
11-13 the license holder attains a degree of skill satisfactory to the
11-14 commission in the areas that are the basis of the probation.
11-15 Sec. 17. DISCIPLINARY PROCEEDINGS. (a) A person may file a
11-16 complaint with the commission alleging a violation of this Act. The
11-17 complaint must be [by filing a charge with the commission] in
11-18 writing and under oath.
11-19 (b) If the [The commission may order that the revocation or
11-20 suspension of a license be probated as long as the license holder
11-21 complies with the terms of probation established by the commission.
11-22 The commission shall determine the length of the probationary
11-23 period at the time the probation is ordered. At any time while the
11-24 license holder is on probation, the commission may hold a hearing
11-25 and, on a majority vote, rescind the probation and enforce the
11-26 commission's original action in revoking or suspending the license.]
11-27 [(c) The] commission proposes to suspend, revoke, or refuse
11-28 to renew a person's license, the person is entitled to a hearing
11-29 conducted by the State Office of Administrative Hearings.
11-30 Procedures for disciplinary action are [shall provide for notice of
11-31 a proposed disciplinary proceeding and an opportunity to appeal
11-32 from a disciplinary proceeding. A disciplinary proceeding and an
11-33 appeal from the proceeding is] governed by the administrative
11-34 procedure law, Chapter 2001, Government Code. Rules of practice
11-35 adopted by the commission under Section 2001.004, Government Code,
11-36 applicable to the proceedings for a disciplinary action may not
11-37 conflict with rules adopted by the State Office of Administrative
11-38 Hearings.
11-39 (c) [Administrative Procedure and Texas Register Act
11-40 (Article 6252-13a, Vernon's Texas Civil Statutes). (d)] The
11-41 commission shall keep a file about [an information file on] each
11-42 complaint [or charge] filed with the commission that the commission
11-43 has authority to resolve. The commission shall provide to the
11-44 person filing the complaint and the persons or entities complained
11-45 about the commission's policies and procedures pertaining to
11-46 complaint investigation and resolution. The commission, at least
11-47 quarterly and until final disposition of the complaint, shall
11-48 notify the person filing the complaint and the persons or entities
11-49 complained about of the status of the complaint unless the notice
11-50 would jeopardize an undercover investigation.
11-51 (d) The commission shall keep information about each
11-52 complaint filed with the commission. The information shall
11-53 include:
11-54 (1) the date the complaint is received;
11-55 (2) the name of the complainant;
11-56 (3) the subject matter of the complaint;
11-57 (4) a record of all persons contacted in relation to
11-58 the complaint;
11-59 (5) a summary of the results of the review or
11-60 investigation of the complaint; and
11-61 (6) for complaints for which the commission took no
11-62 action, an explanation of the reason the complaint was closed
11-63 without action [. The commission shall inform each party quarterly
11-64 in writing as to the status of the complaint during the
11-65 consideration of a charge filed under this section and until the
11-66 charge is finally resolved].
11-67 SECTION 15. Section 19, Chapter 635, Acts of the 72nd
11-68 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
11-69 Civil Statutes), is amended to read as follows:
12-1 Sec. 19. FUND. The licensed chemical dependency counselors
12-2 fund account is created in the state treasury. The account [fund]
12-3 consists of all money derived from fees, assessments, or charges
12-4 under this Act. All unobligated and unexpended amounts remaining in
12-5 that account [fund] are reserved for the use of the commission in
12-6 the administration and enforcement of this Act. General revenue
12-7 taxes shall not be used for the administration of this Act.
12-8 SECTION 16. Chapter 635, Acts of the 72nd Legislature,
12-9 Regular Session, 1991 (Article 4512o, Vernon's Texas Civil
12-10 Statutes), is amended by adding Sections 10A and 18A to read as
12-11 follows:
12-12 Sec. 10A. PROVISIONAL LICENSE. (a) The commission may
12-13 issue a provisional license to an applicant currently licensed in
12-14 another state who seeks a license in Texas. An applicant for a
12-15 provisional license under this section must:
12-16 (1) be licensed in good standing as a chemical
12-17 dependency counselor at least two years in another state, the
12-18 District of Columbia, a foreign country, or a territory of the
12-19 United States that has licensing requirements that are
12-20 substantially equivalent to the requirements of this Act;
12-21 (2) have passed a national or other examination
12-22 recognized by the commission relating to the practice of chemical
12-23 dependency counseling; and
12-24 (3) be sponsored by a person licensed by the
12-25 commission under this Act with whom the provisional license holder
12-26 may practice under this section.
12-27 (b) The commission may waive the requirement of Subsection
12-28 (a)(3) of this section for an applicant if the commission
12-29 determines that compliance with that subsection would constitute a
12-30 hardship to the applicant.
12-31 (c) A provisional license is valid until the date the
12-32 commission approves or denies the provisional license holder's
12-33 application for a license.
12-34 (d) The commission shall issue a license to the provisional
12-35 license holder if the provisional license holder is eligible to be
12-36 licensed under Section 10. For purposes of this subsection, the
12-37 commission may waive the requirements prescribed by Sections
12-38 10(b)(8), (9), and (11).
12-39 (e) The commission must complete the processing of a
12-40 provisional license holder's application for a license not later
12-41 than the 180th day after the date the provisional license is
12-42 issued. The commission may extend the 180-day limit if the
12-43 commission has not received information necessary to determine
12-44 whether the applicant is eligible for a permanent license.
12-45 (f) The commission may establish a fee for a provisional
12-46 license in an amount reasonable and necessary to cover the cost of
12-47 issuing the license.
12-48 Sec. 18A. ADMINISTRATIVE PENALTY. (a) The commission may
12-49 assess an administrative penalty against a person who violates this
12-50 Act or a rule adopted under this Act.
12-51 (b) The penalty may not exceed $1,000 for each violation.
12-52 Each day of a continuing violation constitutes a separate
12-53 violation.
12-54 (c) In determining the amount of an administrative penalty
12-55 assessed under this section, the commission shall consider:
12-56 (1) the seriousness of the violation;
12-57 (2) the history of previous violations;
12-58 (3) the amount necessary to deter future violations;
12-59 (4) efforts made to correct the violation; and
12-60 (5) any other matters that justice may require.
12-61 (d) All proceedings for the assessment of an administrative
12-62 penalty under this Act are subject to Chapter 2001, Government
12-63 Code.
12-64 (e) If, after investigation of a possible violation and the
12-65 facts surrounding that possible violation, the commission
12-66 determines that a violation has occurred, the commission shall give
12-67 written notice of the violation to the person alleged to have
12-68 committed the violation. The notice must include:
12-69 (1) a brief summary of the alleged violation;
13-1 (2) a statement of the amount of the proposed penalty
13-2 based on the factors set forth in Subsection (c) of this section;
13-3 and
13-4 (3) a statement of the person's right to a hearing on
13-5 the occurrence of the violation, the amount of the penalty, or both
13-6 the occurrence of the violation and the amount of the penalty.
13-7 (f) Not later than the 20th day after the date on which the
13-8 notice is received, the person notified may accept the
13-9 determination of the commission made under this section, including
13-10 the proposed penalty, or make a written request for a hearing on
13-11 that determination.
13-12 (g) If the person notified of the violation accepts the
13-13 determination of the commission, the executive director or the
13-14 executive director's designee shall issue an order approving the
13-15 determination and ordering that the person pay the proposed
13-16 penalty.
13-17 (h) If the person notified under Subsection (e) of this
13-18 section timely requests a hearing, the commission shall:
13-19 (1) set a hearing;
13-20 (2) give written notice of the hearing to the person;
13-21 and
13-22 (3) designate a hearings examiner to conduct the
13-23 hearing.
13-24 (i) The hearings examiner shall make findings of fact and
13-25 conclusions of law and shall promptly issue to the executive
13-26 director or the executive director's designee a proposal for
13-27 decision as to the occurrence of the violation and a recommendation
13-28 as to the amount of the proposed penalty if a penalty is determined
13-29 to be warranted.
13-30 (j) Based on the findings of fact and conclusions of law and
13-31 the recommendations of the hearings examiner, the executive
13-32 director or the executive director's designee by order may find
13-33 that a violation has occurred and may assess a penalty or may find
13-34 that no violation has occurred.
13-35 (k) The commission shall give notice of the order under
13-36 Subsection (j) of this section to the person notified. The notice
13-37 must include:
13-38 (1) separate statements of the findings of fact and
13-39 conclusions of law;
13-40 (2) the amount of any penalty assessed; and
13-41 (3) a statement of the right of the person to judicial
13-42 review of the order.
13-43 (l) Not later than the 30th day after the date on which the
13-44 decision is final as provided by Chapter 2001, Government Code, the
13-45 person shall:
13-46 (1) pay the penalty;
13-47 (2) pay the penalty and file a petition for judicial
13-48 review contesting the occurrence of the violation, the amount of
13-49 the penalty, or both the occurrence of the violation and the amount
13-50 of the penalty; or
13-51 (3) without paying the penalty, file a petition for
13-52 judicial review contesting the occurrence of the violation, the
13-53 amount of the penalty, or both the occurrence of the violation and
13-54 the amount of the penalty.
13-55 (m) Within the 30-day period, a person who acts under
13-56 Subsection (l)(3) of this section may:
13-57 (1) stay enforcement of the penalty by:
13-58 (A) paying the penalty to the court for
13-59 placement in an escrow account; or
13-60 (B) giving to the court a supersedeas bond that
13-61 is approved by the court for the amount of the penalty and that is
13-62 effective until all judicial review of the order is final; or
13-63 (2) request the court to stay enforcement of the
13-64 penalty by:
13-65 (A) filing with the court a sworn affidavit of
13-66 the person stating that the person is financially unable to pay the
13-67 amount of the penalty and is financially unable to give the
13-68 supersedeas bond; and
13-69 (B) giving a copy of the affidavit to the
14-1 commission by certified mail.
14-2 (n) If the commission receives a copy of an affidavit under
14-3 Subsection (m)(2) of this section, the commission may file with the
14-4 court, within five days after the date the copy is received, a
14-5 contest to the affidavit. The court shall hold a hearing on the
14-6 facts alleged in the affidavit as soon as practicable and shall
14-7 stay the enforcement of the penalty on finding that the alleged
14-8 facts are true. The person who files an affidavit has the burden
14-9 of proving that the person is financially unable to pay the penalty
14-10 and to give a supersedeas bond.
14-11 (o) If the person does not pay the penalty and the
14-12 enforcement of the penalty is not stayed, the commission may refer
14-13 the matter to the attorney general for collection of the penalty.
14-14 (p) Judicial review of the order:
14-15 (1) is instituted by filing a petition as provided by
14-16 Subchapter G, Chapter 2001, Government Code; and
14-17 (2) is under the substantial evidence rule.
14-18 (q) If the court sustains the occurrence of the violation,
14-19 the court may uphold or reduce the amount of the penalty and order
14-20 the person to pay the full or reduced amount of the penalty. If
14-21 the court does not sustain the occurrence of the violation, the
14-22 court shall order that no penalty is owed.
14-23 (r) When the judgment of the court becomes final, the court
14-24 shall proceed under this subsection. If the person paid the amount
14-25 of the penalty under Subsection (l)(2) of this section and if that
14-26 amount is reduced or is not upheld by the court, the court shall
14-27 order that the commission pay the appropriate amount plus accrued
14-28 interest to the person. The rate of the interest is the rate
14-29 charged on loans to depository institutions by the New York Federal
14-30 Reserve Bank, and the interest shall be paid for the period
14-31 beginning on the date the penalty was paid and ending on the date
14-32 the penalty is remitted. If the person paid the penalty under
14-33 Subsection (m)(1)(A) of this section or gave a supersedeas bond and
14-34 if the amount of the penalty is not upheld by the court, the court
14-35 shall order the release of the escrow account or bond. If the
14-36 person paid the penalty under Subsection (m)(1)(A) and the amount
14-37 of the penalty is reduced, the court shall order that the amount of
14-38 the penalty be paid to the commission from the escrow account and
14-39 that the remainder of the account be released. If the person gave
14-40 a supersedeas bond and if the amount of the penalty is reduced, the
14-41 court shall order the release of the bond after the person pays the
14-42 amount.
14-43 (s) An administrative penalty collected under this section
14-44 shall be deposited in the state treasury to the credit of the
14-45 general revenue fund.
14-46 (t) The commission may assess reasonable expenses and costs
14-47 against a person in an administrative hearing if, as a result of
14-48 the hearing, an administrative penalty is assessed against the
14-49 person. The person shall pay expenses and costs assessed under
14-50 this subsection not later than the 30th day after the date of the
14-51 order of the executive director or the executive director's
14-52 designee requiring the payment of expenses and costs is final. The
14-53 commission may refer the matter to the attorney general for
14-54 collection of the expenses and costs.
14-55 (u) If the attorney general brings an action against a
14-56 person to enforce an administrative penalty assessed under this Act
14-57 and the person is found liable for an administrative penalty, the
14-58 attorney general may recover, on behalf of the attorney general and
14-59 the commission, reasonable expenses and costs.
14-60 (v) For purposes of this section, "reasonable expenses and
14-61 costs" includes expenses incurred by the commission and the
14-62 attorney general in the investigation, initiation, or prosecution
14-63 of an action, including reasonable investigative costs, court
14-64 costs, attorney's fees, witness fees, and deposition expenses.
14-65 (w) Costs and expenses incurred by the commission that are
14-66 collected under this section shall be deposited in the state
14-67 treasury to the credit of a special account that may be
14-68 appropriated only to the commission.
14-69 (x) Venue for and jurisdiction of any suit to collect any
15-1 fees, fines, penalties, claims, debts, or any other obligations
15-2 owed to the commission is conferred exclusively upon the district
15-3 courts in Travis County and none other.
15-4 SECTION 17. Sections 106.115(a), (b), (c), and (d),
15-5 Alcoholic Beverage Code, are amended to read as follows:
15-6 (a) Except as provided by Subsection (b), on conviction of a
15-7 minor of an offense under Section 106.02, 106.04, or 106.05, the
15-8 court, in addition to assessing a fine as provided by those
15-9 sections, shall require the defendant to attend an alcohol
15-10 awareness program [course] approved by the Texas Commission on
15-11 Alcohol and Drug Abuse. If the defendant is younger than 18 years
15-12 of age, the court may require the parent or guardian of the
15-13 defendant to attend the program [course] with the defendant. The
15-14 Texas Commission on Alcohol and Drug Abuse:
15-15 (1) is responsible for the administration of the
15-16 certification of approved alcohol awareness programs;
15-17 (2) may charge a nonrefundable application fee for:
15-18 (A) initial certification of the approval; or
15-19 (B) renewal of the certification;
15-20 (3) shall adopt rules regarding alcohol awareness
15-21 programs approved under this section; and
15-22 (4) shall monitor, coordinate, and provide training to
15-23 a person who provides an alcohol awareness program.
15-24 (b) If the defendant resides in a rural or other area in
15-25 which access to an alcohol awareness program [course] is not
15-26 readily available, the court shall require the defendant to perform
15-27 eight to 12 hours of community service instead of participating in
15-28 an alcohol awareness program [course].
15-29 (c) When requested, an alcohol awareness program [course]
15-30 may be taught in languages other than English.
15-31 (d) The court shall require the defendant to present to the
15-32 court, within 90 days of the date of final conviction, evidence in
15-33 the form prescribed by the court that the defendant, as ordered by
15-34 the court, has satisfactorily completed an alcohol awareness
15-35 program [course] or performed the required hours of community
15-36 service. If the defendant presents the required evidence within
15-37 the prescribed period, the court may reduce the assessed fine to an
15-38 amount equal to no less than one-half of the amount of the initial
15-39 fine.
15-40 SECTION 18. Section 13(j), Article 42.12, Code of Criminal
15-41 Procedure, is amended to read as follows:
15-42 (j) The judge shall require a defendant who is punished
15-43 under Section 49.09, Penal Code, as a condition of community
15-44 supervision, to attend and successfully complete an educational
15-45 program for repeat offenders approved by the Texas Commission on
15-46 Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
15-47 Abuse shall adopt rules and shall monitor, coordinate, and provide
15-48 training to persons providing the educational programs. The Texas
15-49 Commission on Alcohol and Drug Abuse is responsible for the
15-50 administration of the certification of approved educational
15-51 programs and may charge a nonrefundable application fee for initial
15-52 certification of approval or for renewal of the certification. The
15-53 judge may waive the educational program requirement only if the
15-54 defendant by a motion in writing shows good cause. In determining
15-55 good cause, the judge may consider the defendant's school and work
15-56 schedule, the defendant's health, the distance that the defendant
15-57 must travel to attend an educational program, and whether the
15-58 defendant resides out of state or does not have access to
15-59 transportation. The judge shall set out the finding of good cause
15-60 in the judgment. If a defendant is required, as a condition of
15-61 community supervision, to attend an educational program, the court
15-62 clerk shall immediately report that fact to the Department of
15-63 Public Safety, on a form prescribed by the department, for
15-64 inclusion in the defendant's driving record. The report must
15-65 include the beginning date of the defendant's community
15-66 supervision. On the successful completion of the educational
15-67 program for repeat offenders, the defendant shall give notice to
15-68 the community supervision and corrections department. The
15-69 community supervision and corrections department shall then forward
16-1 the notice to the court clerk. The court clerk shall then report
16-2 the date of successful completion of the educational program to the
16-3 Department of Public Safety for inclusion in the defendant's
16-4 driving record. If the Department of Public Safety does not
16-5 receive notice that a defendant required to complete an educational
16-6 program has successfully completed the program for repeat offenders
16-7 within the period required by the judge, as shown on department
16-8 records, the department shall revoke the defendant's driver's
16-9 license, permit, or privilege or prohibit the defendant from
16-10 obtaining a license or permit, as provided by Section 24(g)(2),
16-11 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
16-12 (Article 6687b, Vernon's Texas Civil Statutes).
16-13 SECTION 19. Section 521.376, Transportation Code, is amended
16-14 to read as follows:
16-15 Sec. 521.376. DUTIES OF TEXAS COMMISSION ON ALCOHOL AND DRUG
16-16 ABUSE; APPLICATION AND RENEWAL FEES. The Texas Commission on
16-17 Alcohol and Drug Abuse [shall]:
16-18 (1) shall monitor, coordinate, and provide training to
16-19 persons who provide educational programs under Section 521.374;
16-20 [and]
16-21 (2) shall administer the approval of those educational
16-22 programs; and
16-23 (3) may charge a nonrefundable application fee for:
16-24 (A) initial certification of approval; and
16-25 (B) renewal of the certification.
16-26 SECTION 20. (a) The Texas Commission on Alcohol and Drug
16-27 Abuse shall adopt the first statewide service delivery plan
16-28 required by Section 461.0124, Health and Safety Code, as added by
16-29 this Act, not later than February 1, 1998.
16-30 (b) The Texas Commission on Alcohol and Drug Abuse shall
16-31 conduct the study required by Section 461.0143, Health and Safety
16-32 Code, as added by this Act, from the effective date of this Act
16-33 until August 31, 1998. If the results of the study are positive,
16-34 under the criteria provided by Subsection (b) of that section, the
16-35 commission shall implement a unit rate reimbursement system as
16-36 provided by that subsection for the fiscal year 1999 chemical
16-37 dependency treatment service contracts.
16-38 (c) As soon as is practicable after the effective date of
16-39 this Act, the governor shall appoint six members to the Texas
16-40 Commission on Alcohol and Drug Abuse as provided by Section
16-41 461.003, Health and Safety Code, as amended by this Act. The
16-42 governor shall determine the terms of each appointed member so
16-43 that:
16-44 (1) two members' terms expire February 1, 1999;
16-45 (2) two members' terms expire February 1, 2001; and
16-46 (3) two members' terms expire February 1, 2003.
16-47 SECTION 21. In conjunction with the Texas Sunset
16-48 Commission's review of the Texas Department of Mental Health and
16-49 Mental Retardation and the Texas Department of Health, the
16-50 commission shall make legislative recommendations as to whether
16-51 those treatment programs should be continued under the jurisdiction
16-52 of the Texas Commission on Alcohol and Drug Abuse or under the
16-53 jurisdiction of the Texas Department of Mental Health and Mental
16-54 Retardation and the Texas Department of Health.
16-55 SECTION 22. This Act takes effect September 1, 1997.
16-56 SECTION 23. The importance of this legislation and the
16-57 crowded condition of the calendars in both houses create an
16-58 emergency and an imperative public necessity that the
16-59 constitutional rule requiring bills to be read on three several
16-60 days in each house be suspended, and this rule is hereby suspended.
16-61 * * * * *