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.
3-25 * * * * *