By Wilson                                       H.B. No. 3295

      75R9425 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the administration of certain laws regarding alcohol

 1-3     and drug abuse programs, including the licensing of certain

 1-4     treatment facilities.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Title 132A, Revised Statutes, is amended by

 1-7     adding Article 9104 to read as follows:

 1-8           Art. 9104.  ALCOHOL AND DRUG ABUSE PROGRAMS

 1-9           Sec. 1.  DEFINITIONS.  In this article:

1-10                 (1)  "Chemical dependency" means:

1-11                       (A)  abuse of alcohol or a controlled substance;

1-12                       (B)  psychological or physical dependence on

1-13     alcohol or a controlled substance; or

1-14                       (C)  addiction to alcohol or a controlled

1-15     substance.

1-16                 (2)  "Commission" means the Texas Commission of

1-17     Licensing and Regulation.

1-18                 (3)  "Commissioner" means the commissioner of licensing

1-19     and regulation.

1-20                 (4)  "Controlled substance" means a:

1-21                       (A)  toxic inhalant; or

1-22                       (B)  substance designated as a controlled

1-23     substance by Chapter 481, Health and Safety Code (Texas Controlled

1-24     Substances Act).

 2-1                 (5)  "Department" means the Texas Department of

 2-2     Licensing and Regulation.

 2-3                 (6)  "Intervention" means the interruption of the onset

 2-4     or progression of chemical dependency in the early stages.

 2-5                 (7)  "Prevention" means the reduction of a person's

 2-6     risk of abusing alcohol or a controlled substance or becoming

 2-7     chemically dependent.

 2-8                 (8)  "Rehabilitation" means the reestablishment of the

 2-9     social and vocational life of a person after treatment.

2-10                 (9)  "Toxic inhalant" means a gaseous substance that is

2-11     inhaled by a person to produce a desired physical or psychological

2-12     effect and that may cause personal injury or illness to the

2-13     inhaler.

2-14                 (10)  "Treatment" means the initiation and promotion,

2-15     in a planned, structured, and organized manner, of a person's

2-16     chemical-free status or the maintenance of a person free of illegal

2-17     drugs.

2-18                 (11)  "Treatment facility" means a public or private

2-19     hospital, a detoxification facility, a primary care facility, an

2-20     intensive care facility, a long-term care facility, an outpatient

2-21     care facility, a community mental health center, a health

2-22     maintenance organization, a recovery center, a halfway house, an

2-23     ambulatory care facility, another facility that is required to be

2-24     licensed and approved by the state, or a facility licensed or

2-25     operated by the Texas Department of Mental Health and Mental

2-26     Retardation.  The term does not include an educational program for

2-27     intoxicated drivers or the individual office of a private, licensed

 3-1     health care practitioner who personally renders private individual

 3-2     or group services within the scope of the practitioner's license

 3-3     and in the practitioner's office.

 3-4           Sec. 2.  POWERS AND DUTIES.  (a)  The department shall:

 3-5                 (1)  provide for research and study of the problems of

 3-6     chemical dependency in this state and seek to focus public

 3-7     attention on those problems through public information and

 3-8     education programs;

 3-9                 (2)  plan, develop, coordinate, evaluate, and implement

3-10     constructive methods and programs for the prevention, intervention,

3-11     treatment, and rehabilitation of chemical dependency in cooperation

3-12     with federal and state agencies, local governments, organizations,

3-13     and persons and provide technical assistance, funds, and

3-14     consultation services for statewide and community-based services;

3-15                 (3)  cooperate with and enlist the assistance of:

3-16                       (A)  other state, federal, and local agencies;

3-17                       (B)  hospitals and clinics;

3-18                       (C)  public health, welfare, and criminal justice

3-19     system authorities;

3-20                       (D)  educational and medical agencies and

3-21     organizations; and

3-22                       (E)  other related public and private groups and

3-23     persons;

3-24                 (4)  expand chemical dependency services for children

3-25     when funds are available because of the long-term benefits of those

3-26     services to the state and its citizens;

3-27                 (5)  sponsor, promote, and conduct educational programs

 4-1     on the prevention and treatment of chemical dependency and maintain

 4-2     a public information clearinghouse to purchase and provide books,

 4-3     literature, audiovisuals, and other educational material for the

 4-4     programs;

 4-5                 (6)  sponsor, promote, and conduct training programs

 4-6     for persons delivering prevention, intervention, treatment, and

 4-7     rehabilitation services and for persons in the criminal justice

 4-8     system or otherwise in a position to identify chemically dependent

 4-9     persons and their families in need of service;

4-10                 (7)  require programs rendering services to chemically

4-11     dependent persons to safeguard those persons' legal rights of

4-12     citizenship and maintain the confidentiality of client records as

4-13     required by state and federal law;

4-14                 (8)  maximize the use of available funds for direct

4-15     services rather than administrative services;

4-16                 (9)  consistently monitor the expenditure of funds and

4-17     the provision of services by all grant and contract recipients to

4-18     assure that the services are effective and properly staffed and

4-19     meet the standards adopted under this article and the Health and

4-20     Safety Code;

4-21                 (10)  make the monitoring reports prepared under

4-22     Subdivision (9) a matter of public record;

4-23                 (11)  license treatment facilities under Chapter 464,

4-24     Health and Safety Code;

4-25                 (12)  use funds appropriated to the department to carry

4-26     out this article and maximize the overall state allotment of

4-27     federal funds;

 5-1                 (13)  establish minimum criteria that peer assistance

 5-2     programs must meet to be governed by and entitled to the benefits

 5-3     of a law that authorizes licensing and disciplinary authorities to

 5-4     establish or approve peer assistance programs for impaired

 5-5     professionals;

 5-6                 (14)  plan, develop, coordinate, evaluate, and

 5-7     implement constructive methods and programs to provide healthy

 5-8     alternatives for youth at risk of selling controlled substances;

 5-9     and

5-10                 (15)  submit to the federal government reports and

5-11     strategies necessary to comply with Section 1926 of the federal

5-12     Alcohol, Drug Abuse, and Mental Health Administration

5-13     Reorganization Act, Pub. L.  102-321 (42 U.S.C. Section 300x-26).

5-14           (b)  The department may establish regional alcohol advisory

5-15     committees consistent with the 24 state planning regions.

5-16           (c)  The commissioner shall adopt rules as necessary to

5-17     implement this article.

5-18           SECTION 2.  Chapter 461, Health and Safety Code, is repealed.

5-19           SECTION 3.  The Texas Commission on Alcohol and Drug Abuse is

5-20     abolished on the effective date of this Act.  All property,

5-21     records, and equipment in the custody of the Texas Commission on

5-22     Alcohol and Drug Abuse shall be transferred to the custody of the

5-23     Texas Department of Licensing and Regulation not later than

5-24     December 1, 1997, and all duties of that commission shall be

5-25     performed by that department beginning on the effective date of

5-26     this Act.

5-27           SECTION 4.  This Act takes effect September 1, 1997.

 6-1           SECTION 5.  The importance of this legislation and the

 6-2     crowded condition of the calendars in both houses create an

 6-3     emergency and an imperative public necessity that the

 6-4     constitutional rule requiring bills to be read on three several

 6-5     days in each house be suspended, and this rule is hereby suspended.