By Zaffirini                                     S.B. No. 197

      75R937 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of alcohol awareness courses by the

 1-3     Texas Commission on Alcohol and Drug Abuse.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 461.012(a), Health and Safety Code, as

 1-6     amended by Chapters 637 and 671, Acts of the 73rd Legislature,

 1-7     1993, is amended to read as follows:

 1-8           (a)  The commission shall:

 1-9                 (1)  provide for research and study of the problems of

1-10     chemical dependency in this state and seek to focus public

1-11     attention on those problems through public information and

1-12     education programs;

1-13                 (2)  plan, develop, coordinate, evaluate, and implement

1-14     constructive methods and programs for the prevention, intervention,

1-15     treatment, and rehabilitation of chemical dependency in cooperation

1-16     with federal and state agencies, local governments, organizations,

1-17     and persons, and provide technical assistance, funds, and

1-18     consultation services for statewide and community-based services;

1-19                 (3)  cooperate with and enlist the assistance of:

1-20                       (A)  other state, federal, and local agencies;

1-21                       (B)  hospitals and clinics;

1-22                       (C)  public health, welfare, and criminal justice

1-23     system authorities;

1-24                       (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

2-26     meet the standards adopted under this chapter;

2-27                 (10)  make the monitoring reports prepared under

 3-1     Subdivision (9) a matter of public record;

 3-2                 (11)  license treatment facilities under Chapter 464;

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

 3-4     out this chapter and maximize the overall state allotment of

 3-5     federal funds;

 3-6                 (13)  develop and implement policies that will provide

 3-7     the public with a reasonable opportunity to appear before the

 3-8     commission and to speak on any issue under the commission's

 3-9     jurisdiction;

3-10                 (14)  establish minimum criteria that peer assistance

3-11     programs must meet to be governed by and entitled to the benefits

3-12     of a law that authorizes licensing and disciplinary authorities to

3-13     establish or approve peer assistance programs for impaired

3-14     professionals;

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

3-16     commission, including rules that prescribe the policies and

3-17     procedures followed by the commission in administering any

3-18     commission programs; [and]

3-19                 (16)  plan, develop, coordinate, evaluate, and

3-20     implement constructive methods and programs to provide healthy

3-21     alternatives for youth at risk of selling controlled substances;[.]

3-22                 (17) [(16)]  submit to the federal government reports

3-23     and strategies necessary to comply with Section 1926 of the federal

3-24     Alcohol, Drug Abuse, and Mental Health Administration

3-25     Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);

3-26     reports and strategies are to be coordinated with appropriate state

3-27     governmental entities; and

 4-1                 (18)  regulate, coordinate, and provide training for

 4-2     alcohol awareness courses required under Section 106.115, Alcoholic

 4-3     Beverage Code, and may charge a fee for an activity performed  by

 4-4     the commission under this subdivision.

 4-5           SECTION 2.  This Act takes effect September 1, 1997.

 4-6           SECTION 3.  The importance of this legislation and the

 4-7     crowded condition of the calendars in both houses create an

 4-8     emergency and an imperative public necessity that the

 4-9     constitutional rule requiring bills to be read on three several

4-10     days in each house be suspended, and this rule is hereby suspended.