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.