1-1 By: Zaffirini S.B. No. 197
1-2 (In the Senate - Filed January 14, 1997; January 15, 1997,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; January 29, 1997, reported favorably by the following
1-5 vote: Yeas 10, Nays 0, 1 present not voting; January 29, 1997,
1-6 sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the regulation of alcohol awareness courses by the
1-10 Texas Commission on Alcohol and Drug Abuse.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (a), Section 461.012, Health and
1-13 Safety Code, as amended by Chapters 637 and 671, Acts of the 73rd
1-14 Legislature, 1993, is amended to read as follows:
1-15 (a) The commission shall:
1-16 (1) provide for research and study of the problems of
1-17 chemical dependency in this state and seek to focus public
1-18 attention on those problems through public information and
1-19 education programs;
1-20 (2) plan, develop, coordinate, evaluate, and implement
1-21 constructive methods and programs for the prevention, intervention,
1-22 treatment, and rehabilitation of chemical dependency in cooperation
1-23 with federal and state agencies, local governments, organizations,
1-24 and persons, and provide technical assistance, funds, and
1-25 consultation services for statewide and community-based services;
1-26 (3) cooperate with and enlist the assistance of:
1-27 (A) other state, federal, and local agencies;
1-28 (B) hospitals and clinics;
1-29 (C) public health, welfare, and criminal justice
1-30 system authorities;
1-31 (D) educational and medical agencies and
1-32 organizations; and
1-33 (E) other related public and private groups and
1-34 persons;
1-35 (4) expand chemical dependency services for children
1-36 when funds are available because of the long-term benefits of those
1-37 services to the state and its citizens;
1-38 (5) sponsor, promote, and conduct educational programs
1-39 on the prevention and treatment of chemical dependency, and
1-40 maintain a public information clearinghouse to purchase and provide
1-41 books, literature, audiovisuals, and other educational material for
1-42 the programs;
1-43 (6) sponsor, promote, and conduct training programs
1-44 for persons delivering prevention, intervention, treatment, and
1-45 rehabilitation services and for persons in the criminal justice
1-46 system or otherwise in a position to identify chemically dependent
1-47 persons and their families in need of service;
1-48 (7) require programs rendering services to chemically
1-49 dependent persons to safeguard those persons' legal rights of
1-50 citizenship and maintain the confidentiality of client records as
1-51 required by state and federal law;
1-52 (8) maximize the use of available funds for direct
1-53 services rather than administrative services;
1-54 (9) consistently monitor the expenditure of funds and
1-55 the provision of services by all grant and contract recipients to
1-56 assure that the services are effective and properly staffed and
1-57 meet the standards adopted under this chapter;
1-58 (10) make the monitoring reports prepared under
1-59 Subdivision (9) a matter of public record;
1-60 (11) license treatment facilities under Chapter 464;
1-61 (12) use funds appropriated to the commission to carry
1-62 out this chapter and maximize the overall state allotment of
1-63 federal funds;
1-64 (13) develop and implement policies that will provide
2-1 the public with a reasonable opportunity to appear before the
2-2 commission and to speak on any issue under the commission's
2-3 jurisdiction;
2-4 (14) establish minimum criteria that peer assistance
2-5 programs must meet to be governed by and entitled to the benefits
2-6 of a law that authorizes licensing and disciplinary authorities to
2-7 establish or approve peer assistance programs for impaired
2-8 professionals;
2-9 (15) adopt rules governing the functions of the
2-10 commission, including rules that prescribe the policies and
2-11 procedures followed by the commission in administering any
2-12 commission programs; [and]
2-13 (16) plan, develop, coordinate, evaluate, and
2-14 implement constructive methods and programs to provide healthy
2-15 alternatives for youth at risk of selling controlled substances;[.]
2-16 (17) [(16)] submit to the federal government reports
2-17 and strategies necessary to comply with Section 1926 of the federal
2-18 Alcohol, Drug Abuse, and Mental Health Administration
2-19 Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
2-20 reports and strategies are to be coordinated with appropriate state
2-21 governmental entities; and
2-22 (18) regulate, coordinate, and provide training for
2-23 alcohol awareness courses required under Section 106.115, Alcoholic
2-24 Beverage Code, and may charge a fee for an activity performed by
2-25 the commission under this subdivision.
2-26 SECTION 2. This Act takes effect September 1, 1997.
2-27 SECTION 3. The importance of this legislation and the
2-28 crowded condition of the calendars in both houses create an
2-29 emergency and an imperative public necessity that the
2-30 constitutional rule requiring bills to be read on three several
2-31 days in each house be suspended, and this rule is hereby suspended.
2-32 * * * * *