By:  Zaffirini, West                          S.B. No. 197

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of alcohol awareness courses by the

 1-2     Texas Commission on Alcohol and Drug Abuse.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (a), Section 461.012, Health and

 1-5     Safety Code, as amended by Chapters 637 and 671, Acts of the 73rd

 1-6     Legislature, 1993, is amended to read as follows:

 1-7           (a)  The commission shall:

 1-8                 (1)  provide for research and study of the problems of

 1-9     chemical dependency in this state and seek to focus public

1-10     attention on those problems through public information and

1-11     education programs;

1-12                 (2)  plan, develop, coordinate, evaluate, and implement

1-13     constructive methods and programs for the prevention, intervention,

1-14     treatment, and rehabilitation of chemical dependency in cooperation

1-15     with federal and state agencies, local governments, organizations,

1-16     and persons, and provide technical assistance, funds, and

1-17     consultation services for statewide and community-based services;

1-18                 (3)  cooperate with and enlist the assistance of:

1-19                       (A)  other state, federal, and local agencies;

1-20                       (B)  hospitals and clinics;

1-21                       (C)  public health, welfare, and criminal justice

1-22     system authorities;

1-23                       (D)  educational and medical agencies and

 2-1     organizations; and

 2-2                       (E)  other related public and private groups and

 2-3     persons;

 2-4                 (4)  expand chemical dependency services for children

 2-5     when funds are available because of the long-term benefits of those

 2-6     services to the state and its citizens;

 2-7                 (5)  sponsor, promote, and conduct educational programs

 2-8     on the prevention and treatment of chemical dependency, and

 2-9     maintain a public information clearinghouse to purchase and provide

2-10     books, literature, audiovisuals, and other educational material for

2-11     the programs;

2-12                 (6)  sponsor, promote, and conduct training programs

2-13     for persons delivering prevention, intervention, treatment, and

2-14     rehabilitation services and for persons in the criminal justice

2-15     system or otherwise in a position to identify chemically dependent

2-16     persons and their families in need of service;

2-17                 (7)  require programs rendering services to chemically

2-18     dependent persons to safeguard those persons' legal rights of

2-19     citizenship and maintain the confidentiality of client records as

2-20     required by state and federal law;

2-21                 (8)  maximize the use of available funds for direct

2-22     services rather than administrative services;

2-23                 (9)  consistently monitor the expenditure of funds and

2-24     the provision of services by all grant and contract recipients to

2-25     assure that the services are effective and properly staffed and

 3-1     meet the standards adopted under this chapter;

 3-2                 (10)  make the monitoring reports prepared under

 3-3     Subdivision (9) a matter of public record;

 3-4                 (11)  license treatment facilities under Chapter 464;

 3-5                 (12)  use funds appropriated to the commission to carry

 3-6     out this chapter and maximize the overall state allotment of

 3-7     federal funds;

 3-8                 (13)  develop and implement policies that will provide

 3-9     the public with a reasonable opportunity to appear before the

3-10     commission and to speak on any issue under the commission's

3-11     jurisdiction;

3-12                 (14)  establish minimum criteria that peer assistance

3-13     programs must meet to be governed by and entitled to the benefits

3-14     of a law that authorizes licensing and disciplinary authorities to

3-15     establish or approve peer assistance programs for impaired

3-16     professionals;

3-17                 (15)  adopt rules governing the functions of the

3-18     commission, including rules that prescribe the policies and

3-19     procedures followed by the commission in administering any

3-20     commission programs; [and]

3-21                 (16)  plan, develop, coordinate, evaluate, and

3-22     implement constructive methods and programs to provide healthy

3-23     alternatives for youth at risk of selling controlled substances;[.]

3-24                 (17) [(16)]  submit to the federal government reports

3-25     and strategies necessary to comply with Section 1926 of the federal

 4-1     Alcohol, Drug Abuse, and Mental Health Administration

 4-2     Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);

 4-3     reports and strategies are to be coordinated with appropriate state

 4-4     governmental entities; and

 4-5                 (18)  regulate, coordinate, and provide training for

 4-6     alcohol awareness courses required under Section 106.115, Alcoholic

 4-7     Beverage Code, and may charge a fee for an activity performed by

 4-8     the commission under this subdivision.

 4-9           SECTION 2.  This Act takes effect September 1, 1997.

4-10           SECTION 3.  The importance of this legislation and the

4-11     crowded condition of the calendars in both houses create an

4-12     emergency and an imperative public necessity that the

4-13     constitutional rule requiring bills to be read on three several

4-14     days in each house be suspended, and this rule is hereby suspended.