By Swinford, West, Hawley, H.B. No. 2481
75R11749 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to faith-based chemical dependency treatment programs and
1-3 counselors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 464, Health and Safety Code, is amended
1-6 by adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAMS
1-8 Sec. 464.051. DEFINITIONS. In this subchapter:
1-9 (1) "Chemical dependency" has the meaning assigned by
1-10 Section 464.001.
1-11 (2) "Commission" has the meaning assigned by Section
1-12 464.001.
1-13 (3) "Religious organization" means a church,
1-14 synagogue, mosque, or other religious institution:
1-15 (A) the purpose of which is the propagation of
1-16 religious beliefs; and
1-17 (B) that is exempt from federal income tax under
1-18 Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C.
1-19 Section 501(a)) by being listed as an exempt organization under
1-20 Section 501(c) of that code (26 U.S.C. Section 501(c)).
1-21 (4) "Treatment" has the meaning assigned by Section
1-22 464.001.
1-23 (5) "Treatment facility" has the meaning assigned by
1-24 Section 464.001.
1-25 Sec. 464.052. EXEMPTION FOR FAITH-BASED CHEMICAL DEPENDENCY
2-1 TREATMENT PROGRAM. (a) Subchapter A does not apply to a chemical
2-2 dependency treatment program that:
2-3 (1) is conducted by a religious organization;
2-4 (2) is exclusively religious, spiritual, or
2-5 ecclesiastical in nature;
2-6 (3) does not treat minors; and
2-7 (4) is registered under Section 464.053.
2-8 (b) The commission may not prohibit the use, by a program
2-9 exempted under this subchapter, of the term "counseling,"
2-10 "treatment," or "rehabilitation."
2-11 Sec. 464.053. EXEMPT PROGRAM REGISTRATION. The commission
2-12 by rule shall establish a simple procedure for a faith-based
2-13 chemical dependency treatment program to register the program's
2-14 exemption under Section 464.052.
2-15 Sec. 464.054. MEDICAL SERVICES PROHIBITED. A program
2-16 exempted under this subchapter may not provide medical care,
2-17 medical detoxification, or medical withdrawal services.
2-18 Sec. 464.055. REPRESENTATIONS IN PROGRAM ADVERTISING OR
2-19 LITERATURE. A program exempted under this subchapter shall
2-20 conspicuously include in any advertisement or literature that
2-21 promotes or describes the program or the program's chemical
2-22 dependency treatment services the following statement:
2-23 "The treatment and recovery services at (name of program) are
2-24 exclusively religious in nature and are not subject to licensure or
2-25 regulation by the Texas Commission on Alcohol and Drug Abuse. This
2-26 program offers only nonmedical treatment and recovery methods such
2-27 as prayer, moral guidance, spiritual counseling, and scriptural
3-1 study."
3-2 Sec. 464.056. DECLARATION ON ADMISSION. (a) A program
3-3 exempted under this subchapter may not admit a person unless the
3-4 person signs the following statement on admission:
3-5 "DECLARATION:
3-6 "I understand that:
3-7 (1) the treatment and recovery services at (name of
3-8 program) are exclusively religious in nature and are not subject to
3-9 licensure or regulation by the Texas Commission on Alcohol and Drug
3-10 Abuse; and
3-11 (2) (name of program) offers only nonmedical treatment
3-12 and recovery methods, such as prayer, moral guidance, spiritual
3-13 counseling, and scriptural study."
3-14 signed ______________________ date ________________
3-15 (b) The program shall:
3-16 (1) keep the original signed statement on file; and
3-17 (2) provide a copy of the signed statement to the
3-18 person admitted.
3-19 Sec. 464.057. REVOCATION OF EXEMPTION. The commission may
3-20 revoke the exemption after notice and hearing if:
3-21 (1) the organization conducting the program fails to
3-22 timely inform the commission of any material change in the
3-23 program's registration information;
3-24 (2) any program advertisement or literature fails to
3-25 include the statements required by Section 464.055; or
3-26 (3) the organization violates this subchapter or a
3-27 commission rule adopted under this subchapter.
4-1 Sec. 464.058. GENERAL DIRECTIVE TO STATE AGENCIES. A state
4-2 agency may not deny to an individual a state or federal social
4-3 service benefit on the basis that the individual is participating
4-4 in a faith-based residential chemical dependency treatment program.
4-5 Sec. 464.059. RELIGION NOT ENDORSED. This subchapter is not
4-6 intended to aid religion. This subchapter is intended to aid
4-7 chemically dependent persons by supporting programs that serve the
4-8 valid public purpose of combating chemical dependency, regardless
4-9 of whether the programs are religious, spiritual, or ecclesiastical
4-10 in nature. The exemption of faith-based chemical dependency
4-11 treatment programs from licensure and regulation is not an
4-12 endorsement or sponsorship by the state of the religious character,
4-13 expression, beliefs, doctrines, or practices of the treatment
4-14 programs.
4-15 Sec. 464.060. DIRECT PUBLIC FUNDING PROHIBITED. A program
4-16 exempted under this subchapter is not eligible to compete against a
4-17 licensed program for direct federal or state treatment funding.
4-18 Sec. 464.061. EFFECT ON HEALTH AND SAFETY DUTIES OR POWERS.
4-19 This subchapter does not affect the authority of a local, regional,
4-20 or state health department official, the state fire marshal, or a
4-21 local fire prevention official to inspect a facility used by a
4-22 program exempted under this subchapter.
4-23 SECTION 2. Chapter 33, Human Resources Code, is amended by
4-24 adding Section 33.012 to read as follows:
4-25 Sec. 33.012. CHEMICAL DEPENDENCY TREATMENT PROGRAM AS
4-26 REPRESENTATIVE. The department shall provide an individual's food
4-27 stamp allotment to the residential chemical dependency treatment
5-1 program in which the person resides to the extent allowed under
5-2 Section 8(f), Food Stamp Act of 1977 (7 U.S.C. Section 2017(e)),
5-3 if the individual designates the program as the individual's
5-4 authorized representative.
5-5 SECTION 3. Section 464.002, Health and Safety Code, is
5-6 amended to read as follows:
5-7 Sec. 464.002. LICENSE REQUIRED. A person may not offer or
5-8 purport to offer chemical dependency treatment without a license
5-9 issued under this subchapter, unless the person is exempted under
5-10 Subchapter C or is working for or providing counseling with a
5-11 program exempted under Subchapter C.
5-12 SECTION 4. Section 3(b), Chapter 635, Acts of the 72nd
5-13 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
5-14 Civil Statutes), is amended to read as follows:
5-15 (b) This Act does not apply to the activities and services
5-16 of:
5-17 (1) a person employed as a counselor by a federal
5-18 institution, if the person is performing chemical dependency
5-19 counseling within the scope of the person's employment;
5-20 (2) a student, intern, or trainee pursuing a course of
5-21 study in counseling at a regionally accredited institution of
5-22 higher education or training institution, if those activities and
5-23 services constitute a part of the supervised course of study and
5-24 the person is designated as a "counselor intern";
5-25 (3) a person who is not a resident of this state if:
5-26 (A) performed for not more than 30 days during
5-27 any year; and
6-1 (B) the person is authorized to perform the
6-2 activities and services under the laws of the state of the person's
6-3 residence; [or]
6-4 (4) a licensed physician or psychologist, licensed
6-5 professional counselor, or certified social worker;
6-6 (5) a[,] religious leader of a congregation providing
6-7 pastoral chemical dependency counseling within the scope of his or
6-8 her duties or a person who is working for or providing counseling
6-9 with a program exempted under Subchapter C, Chapter 464, Health and
6-10 Safety Code; or
6-11 (6) a school counselor certified by the State Board
6-12 for Educator Certification [Central Education Agency].
6-13 SECTION 5. This Act takes effect September 1, 1997.
6-14 SECTION 6. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.