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.

 2-1           Sec. 464.052.  EXEMPTION FOR FAITH-BASED CHEMICAL DEPENDENCY

 2-2     TREATMENT PROGRAM.  (a)  Subchapter A does not apply to a chemical

 2-3     dependency treatment program that:

 2-4                 (1)  is conducted by a religious organization;

 2-5                 (2)  is exclusively religious, spiritual, or

 2-6     ecclesiastical in nature;

 2-7                 (3)  does not treat minors; and

 2-8                 (4)  is registered under Section 464.053.

 2-9           (b)  The commission may not prohibit the use, by a program

2-10     exempted under this subchapter, of the term "counseling,"

2-11     "treatment," or "rehabilitation."

2-12           Sec. 464.053.  EXEMPT PROGRAM REGISTRATION.  The commission

2-13     by rule shall establish a simple procedure for a faith-based

2-14     chemical dependency treatment program to register the program's

2-15     exemption under Section 464.052.

2-16           Sec. 464.054.  MEDICAL SERVICES PROHIBITED.  A program

2-17     exempted under this subchapter may not provide medical care,

2-18     medical detoxification, or medical withdrawal services.

2-19           Sec. 464.055.  REPRESENTATIONS IN PROGRAM ADVERTISING OR

2-20     LITERATURE.  A program exempted under this subchapter shall

2-21     conspicuously include in any advertisement or literature that

2-22     promotes or describes the program or the program's chemical

2-23     dependency treatment services the following statement:

2-24           "The treatment and recovery services at (name of program) are

2-25     exclusively religious in nature and are not subject to licensure or

2-26     regulation by the Texas Commission on Alcohol and Drug Abuse.  This

2-27     program offers only nonmedical treatment and recovery methods such

 3-1     as prayer, moral guidance, spiritual counseling, and scriptural

 3-2     study."

 3-3           Sec. 464.056.  DECLARATION ON ADMISSION.  (a)  A program

 3-4     exempted under this subchapter may not admit a person unless the

 3-5     person signs the following statement on admission:

 3-6                                "DECLARATION:

 3-7           "I understand that:

 3-8                 (1)  the treatment and recovery services at (name of

 3-9     program) are exclusively religious in nature and are not subject to

3-10     licensure or regulation by the Texas Commission on Alcohol and Drug

3-11     Abuse; and

3-12                 (2)  (name of program) offers only nonmedical treatment

3-13     and recovery methods, such as prayer, moral guidance, spiritual

3-14     counseling, and scriptural study."

3-15     signed ______________________       date ________________

3-16           (b)  The program shall:

3-17                 (1)  keep the original signed statement on file; and

3-18                 (2)  provide a copy of the signed statement to the

3-19     person admitted.

3-20           Sec. 464.057.  REVOCATION OF EXEMPTION.  The commission may

3-21     revoke the exemption after notice and hearing if:

3-22                 (1)  the organization conducting the program fails to

3-23     timely inform the commission of any material change in the

3-24     program's registration information;

3-25                 (2)  any program advertisement or literature fails to

3-26     include the statements required by Section 464.055; or

3-27                 (3)  the organization violates this subchapter or a

 4-1     commission rule adopted under this subchapter.

 4-2           Sec. 464.058.  GENERAL DIRECTIVE TO STATE AGENCIES.  A state

 4-3     agency may not deny to an individual a state or federal social

 4-4     service benefit on the basis that the individual is participating

 4-5     in a faith-based residential chemical dependency treatment program.

 4-6           Sec. 464.059.  RELIGION NOT ENDORSED.  This subchapter is not

 4-7     intended to aid religion.  This subchapter is intended to aid

 4-8     chemically dependent persons by supporting programs that serve the

 4-9     valid public purpose of combating chemical dependency, regardless

4-10     of whether the programs are religious, spiritual, or ecclesiastical

4-11     in nature.  The exemption of faith-based chemical dependency

4-12     treatment programs from licensure and regulation is not an

4-13     endorsement or sponsorship by the state of the religious character,

4-14     expression, beliefs, doctrines, or practices of the treatment

4-15     programs.

4-16           Sec. 464.060.  DIRECT PUBLIC FUNDING PROHIBITED.  A program

4-17     exempted under this subchapter is not eligible to compete against a

4-18     licensed program for direct federal or state treatment funding.

4-19           Sec. 464.061.  EFFECT ON HEALTH AND SAFETY DUTIES OR POWERS.

4-20     This subchapter does not affect the authority of a local, regional,

4-21     or state health department official, the state fire marshal, or a

4-22     local fire prevention official to inspect a facility used by a

4-23     program exempted under this subchapter.

4-24           SECTION 2.  Chapter 33, Human Resources Code, is amended by

4-25     adding Section 33.012 to read as follows:

4-26           Sec. 33.012.  CHEMICAL DEPENDENCY TREATMENT PROGRAM AS

4-27     REPRESENTATIVE.  The department shall provide an individual's food

 5-1     stamp allotment to the residential chemical dependency treatment

 5-2     program in which the person resides to the extent allowed under

 5-3     Section 8(f), Food Stamp Act of 1977 (7 U.S.C.  Section 2017(e)),

 5-4     if the individual designates the program as the individual's

 5-5     authorized representative.

 5-6           SECTION 3.  Section 464.002, Health and Safety Code, is

 5-7     amended to read as follows:

 5-8           Sec. 464.002.  LICENSE REQUIRED.  A person may not offer or

 5-9     purport to offer chemical dependency treatment without a license

5-10     issued under this subchapter, unless the person is exempted under

5-11     Subchapter C or is working for or providing counseling with a

5-12     program exempted under Subchapter C.

5-13           SECTION 4.  Section 3(b), Chapter 635, Acts of the 72nd

5-14     Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas

5-15     Civil Statutes), is amended to read as follows:

5-16           (b)  This Act does not apply to the activities and services

5-17     of:

5-18                 (1)  a person employed as a counselor by a federal

5-19     institution, if the person is performing chemical dependency

5-20     counseling within the scope of the person's employment;

5-21                 (2)  a student, intern, or trainee pursuing a course of

5-22     study in counseling at a regionally accredited institution of

5-23     higher education or training institution, if those activities and

5-24     services constitute a part of the supervised course of study and

5-25     the person is designated as a "counselor intern";

5-26                 (3)  a person who is not a resident of this state if:

5-27                       (A)  performed for not more than 30 days during

 6-1     any year; and

 6-2                       (B)  the person is authorized to perform the

 6-3     activities and services under the laws of the state of the person's

 6-4     residence; [or]

 6-5                 (4)  a licensed physician or psychologist, licensed

 6-6     professional counselor, or certified social worker;

 6-7                 (5)  a[,] religious leader of a congregation providing

 6-8     pastoral chemical dependency counseling within the scope of his or

 6-9     her duties or a person who is working for or providing counseling

6-10     with a program exempted under Subchapter C, Chapter 464, Health and

6-11     Safety Code; or

6-12                 (6)  a school counselor certified by the State Board

6-13     for Educator Certification [Central Education Agency].

6-14           SECTION 5.  This Act takes effect September 1, 1997.

6-15           SECTION 6.  The importance of this legislation and the

6-16     crowded condition of the calendars in both houses create an

6-17     emergency and an imperative public necessity that the

6-18     constitutional rule requiring bills to be read on three several

6-19     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. 2481 was passed by the House on May

         14, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 2481 on May 28, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 2481 on June 1, 1997, by a

         non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2481 was passed by the Senate, with

         amendments, on May 24, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 2481 on June 1, 1997,

         by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor