1-1     By:  Swinford, et al. (Senate Sponsor - Sibley)       H.B. No. 2481

 1-2           (In the Senate - Received from the House May 15, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 18, 1997, reported favorably by the

 1-5     following vote:  Yeas 9, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to faith-based chemical dependency treatment programs and

 1-9     counselors.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 464, Health and Safety Code, is amended

1-12     by adding Subchapter C to read as follows:

1-13      SUBCHAPTER C.  FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAMS

1-14           Sec. 464.051.  DEFINITIONS.  In this subchapter:

1-15                 (1)  "Chemical dependency" has the meaning assigned by

1-16     Section 464.001.

1-17                 (2)  "Commission" has the meaning assigned by Section

1-18     464.001.

1-19                 (3)  "Religious organization" means a church,

1-20     synagogue, mosque, or other religious institution:

1-21                       (A)  the purpose of which is the propagation of

1-22     religious beliefs; and

1-23                       (B)  that is exempt from federal income tax under

1-24     Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C.

1-25     Section 501(a)) by being listed as an exempt organization under

1-26     Section 501(c) of that code (26 U.S.C. Section 501(c)).

1-27                 (4)  "Treatment" has the meaning assigned by Section

1-28     464.001.

1-29                 (5)  "Treatment facility" has the meaning assigned by

1-30     Section 464.001.

1-31           Sec. 464.052.  EXEMPTION FOR FAITH-BASED CHEMICAL DEPENDENCY

1-32     TREATMENT PROGRAM.  (a)  Subchapter A does not apply to a chemical

1-33     dependency treatment program that:

1-34                 (1)  is conducted by a religious organization;

1-35                 (2)  is exclusively religious, spiritual, or

1-36     ecclesiastical in nature;

1-37                 (3)  does not treat minors; and

1-38                 (4)  is registered under Section 464.053.

1-39           (b)  The commission may not prohibit the use, by a program

1-40     exempted under this subchapter, of the term "counseling,"

1-41     "treatment," or "rehabilitation."

1-42           Sec. 464.053.  EXEMPT PROGRAM REGISTRATION.  The commission

1-43     by rule shall establish a simple procedure for a faith-based

1-44     chemical dependency treatment program to register the program's

1-45     exemption under Section 464.052.

1-46           Sec. 464.054.  MEDICAL SERVICES PROHIBITED.  A program

1-47     exempted under this subchapter may not provide medical care,

1-48     medical detoxification, or medical withdrawal services.

1-49           Sec. 464.055.  REPRESENTATIONS IN PROGRAM ADVERTISING OR

1-50     LITERATURE.  A program exempted under this subchapter shall

1-51     conspicuously include in any advertisement or literature that

1-52     promotes or describes the program or the program's chemical

1-53     dependency treatment services the following statement:

1-54           "The treatment and recovery services at (name of program) are

1-55     exclusively religious in nature and are not subject to licensure or

1-56     regulation by the Texas Commission on Alcohol and Drug Abuse.  This

1-57     program offers only nonmedical treatment and recovery methods such

1-58     as prayer, moral guidance, spiritual counseling, and scriptural

1-59     study."

1-60           Sec. 464.056.  DECLARATION ON ADMISSION.  (a)  A program

1-61     exempted under this subchapter may not admit a person unless the

1-62     person signs the following statement on admission:

1-63                                "DECLARATION:

1-64           "I understand that:

 2-1                 (1)  the treatment and recovery services at (name of

 2-2     program) are exclusively religious in nature and are not subject to

 2-3     licensure or regulation by the Texas Commission on Alcohol and Drug

 2-4     Abuse; and

 2-5                 (2)  (name of program) offers only nonmedical treatment

 2-6     and recovery methods, such as prayer, moral guidance, spiritual

 2-7     counseling, and scriptural study."

 2-8     signed ______________________       date ________________

 2-9           (b)  The program shall:

2-10                 (1)  keep the original signed statement on file; and

2-11                 (2)  provide a copy of the signed statement to the

2-12     person admitted.

2-13           Sec. 464.057.  REVOCATION OF EXEMPTION.  The commission may

2-14     revoke the exemption after notice and hearing if:

2-15                 (1)  the organization conducting the program fails to

2-16     timely inform the commission of any material change in the

2-17     program's registration information;

2-18                 (2)  any program advertisement or literature fails to

2-19     include the statements required by Section 464.055; or

2-20                 (3)  the organization violates this subchapter or a

2-21     commission rule adopted under this subchapter.

2-22           Sec. 464.058.  GENERAL DIRECTIVE TO STATE AGENCIES.  A state

2-23     agency may not deny to an individual a state or federal social

2-24     service benefit on the basis that the individual is participating

2-25     in a faith-based residential chemical dependency treatment program.

2-26           Sec. 464.059.  RELIGION NOT ENDORSED.  This subchapter is not

2-27     intended to aid religion.  This subchapter is intended to aid

2-28     chemically dependent persons by supporting programs that serve the

2-29     valid public purpose of combating chemical dependency, regardless

2-30     of whether the programs are religious, spiritual, or ecclesiastical

2-31     in nature.  The exemption of faith-based chemical dependency

2-32     treatment programs from licensure and regulation is not an

2-33     endorsement or sponsorship by the state of the religious character,

2-34     expression, beliefs, doctrines, or practices of the treatment

2-35     programs.

2-36           Sec. 464.060.  DIRECT PUBLIC FUNDING PROHIBITED.  A program

2-37     exempted under this subchapter is not eligible to compete against a

2-38     licensed program for direct federal or state treatment funding.

2-39           Sec. 464.061.  EFFECT ON HEALTH AND SAFETY DUTIES OR POWERS.

2-40     This subchapter does not affect the authority of a local, regional,

2-41     or state health department official, the state fire marshal, or a

2-42     local fire prevention official to inspect a facility used by a

2-43     program exempted under this subchapter.

2-44           SECTION 2.  Chapter 33, Human Resources Code, is amended by

2-45     adding Section 33.012 to read as follows:

2-46           Sec. 33.012.  CHEMICAL DEPENDENCY TREATMENT PROGRAM AS

2-47     REPRESENTATIVE.  The department shall provide an individual's food

2-48     stamp allotment to the residential chemical dependency treatment

2-49     program in which the person resides to the extent allowed under

2-50     Section 8(f), Food Stamp Act of 1977 (7 U.S.C.  Section 2017(e)),

2-51     if the individual designates the program as the individual's

2-52     authorized representative.

2-53           SECTION 3.  Section 464.002, Health and Safety Code, is

2-54     amended to read as follows:

2-55           Sec. 464.002.  LICENSE REQUIRED.  A person may not offer or

2-56     purport to offer chemical dependency treatment without a license

2-57     issued under this subchapter, unless the person is exempted under

2-58     Subchapter C or is working for or providing counseling with a

2-59     program exempted under Subchapter C.

2-60           SECTION 4.  Section 3(b), Chapter 635, Acts of the 72nd

2-61     Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas

2-62     Civil Statutes), is amended to read as follows:

2-63           (b)  This Act does not apply to the activities and services

2-64     of:

2-65                 (1)  a person employed as a counselor by a federal

2-66     institution, if the person is performing chemical dependency

2-67     counseling within the scope of the person's employment;

2-68                 (2)  a student, intern, or trainee pursuing a course of

2-69     study in counseling at a regionally accredited institution of

 3-1     higher education or training institution, if those activities and

 3-2     services constitute a part of the supervised course of study and

 3-3     the person is designated as a "counselor intern";

 3-4                 (3)  a person who is not a resident of this state if:

 3-5                       (A)  performed for not more than 30 days during

 3-6     any year; and

 3-7                       (B)  the person is authorized to perform the

 3-8     activities and services under the laws of the state of the person's

 3-9     residence; [or]

3-10                 (4)  a licensed physician or psychologist, licensed

3-11     professional counselor, or certified social worker;

3-12                 (5)  a[,] religious leader of a congregation providing

3-13     pastoral chemical dependency counseling within the scope of his or

3-14     her duties or a person who is working for or providing counseling

3-15     with a program exempted under Subchapter C, Chapter 464, Health and

3-16     Safety Code; or

3-17                 (6)  a school counselor certified by the State Board

3-18     for Educator Certification [Central Education Agency].

3-19           SECTION 5.  This Act takes effect September 1, 1997.

3-20           SECTION 6.  The importance of this legislation and the

3-21     crowded condition of the calendars in both houses create an

3-22     emergency and an imperative public necessity that the

3-23     constitutional rule requiring bills to be read on three several

3-24     days in each house be suspended, and this rule is hereby suspended.

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