By Madla S.B. No. 364
75R1798 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Commission
1-3 on Alcohol and Drug Abuse; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 461.003(c), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (c) Appointments to the commission shall be made without
1-8 regard to race, color, disability [handicap], sex, religion, age,
1-9 or national origin of the appointees.
1-10 SECTION 2. Sections 461.004 and 461.006, Health and Safety
1-11 Code, are amended to read as follows:
1-12 Sec. 461.004. APPLICATION OF SUNSET ACT. The Texas
1-13 Commission on Alcohol and Drug Abuse is subject to Chapter 325,
1-14 Government Code (Texas Sunset Act). Unless continued in existence
1-15 as provided by that chapter, the commission is abolished and this
1-16 chapter expires September 1, 2009 [1997].
1-17 Sec. 461.006. TERMS. Commission members serve staggered
1-18 six-year terms, with the terms of two members expiring February 1
1-19 of each odd-numbered year [for two-year terms].
1-20 SECTION 3. Sections 461.011(b), (c), (e), (f), and (g),
1-21 Health and Safety Code, are amended to read as follows:
1-22 (b) The executive director or the executive director's
1-23 designee shall develop an intra-agency career ladder program that
1-24 addresses opportunities for mobility and advancement for employees
2-1 within the commission. The program shall require intra-agency
2-2 posting of all [nonentry level] positions concurrently with any
2-3 public posting.
2-4 (c) The executive director or the executive director's
2-5 designee shall develop a system of annual performance evaluations
2-6 that are based on documented employee performance [measurable job
2-7 tasks]. All merit pay for commission employees must be based on
2-8 the system established under this subsection.
2-9 (e) The executive director or the executive director's
2-10 designee shall prepare and maintain a written policy statement to
2-11 assure implementation of a program of equal employment opportunity
2-12 under which all personnel transactions are made without regard to
2-13 race, color, disability [handicap], sex, religion, age, or national
2-14 origin. The policy statement must include:
2-15 (1) personnel policies, including policies relating to
2-16 recruitment, evaluation, selection, appointment, training, and
2-17 promotion of personnel, that are in compliance with requirements of
2-18 Chapter 21, Labor Code;
2-19 (2) a comprehensive analysis of the commission work
2-20 force that meets federal and state guidelines; [and]
2-21 (3) procedures by which a determination can be made
2-22 about the extent of underuse [of significant underutilization] in
2-23 the commission work force of all persons for whom federal or state
2-24 guidelines encourage a more equitable balance; and
2-25 (4) reasonable methods to appropriately address those
2-26 areas of underuse [significant underutilization].
2-27 (f) A policy statement prepared under Subsection (e) must:
3-1 (1) cover an annual period;
3-2 (2) be updated [at least] annually and reviewed by the
3-3 Texas Commission on Human Rights for compliance with Subsection
3-4 (e); and
3-5 (3) be filed with the governor's office [governor].
3-6 (g) The governor's office [governor] shall deliver [submit]
3-7 a biennial report to the legislature based on the information
3-8 received under Subsection (f) [(f)(3)]. The report may be made
3-9 separately or as a part of other biennial reports made to the
3-10 legislature.
3-11 SECTION 4. Sections 461.014(b) and (c), Health and Safety
3-12 Code, are amended to read as follows:
3-13 (b) All money paid to the commission under this chapter is
3-14 subject to Subchapter F, Chapter 404, Government Code [shall be
3-15 deposited in the state treasury and may be used only to administer
3-16 this chapter].
3-17 (c) The commission shall prepare [file] annually [with the
3-18 governor and the presiding officer of each house of the
3-19 legislature] a complete and detailed written report accounting for
3-20 all funds received and disbursed by the commission during the
3-21 preceding fiscal year. The annual report must meet the reporting
3-22 requirements applicable to financial reporting provided in [be in
3-23 the form and reported in the time provided by] the General
3-24 Appropriations Act.
3-25 SECTION 5. Sections 461.015(c) and (d), Health and Safety
3-26 Code, are amended to read as follows:
3-27 (c) The commission shall keep a file about each written
4-1 complaint filed with the commission that the commission has
4-2 authority to resolve. The commission shall provide to the person
4-3 filing the complaint and to the persons or entities complained
4-4 about the commission's policies and procedures pertaining to
4-5 complaint investigation and resolution. The [If a written
4-6 complaint is filed with the commission relating to a licensee or
4-7 entity regulated by the commission, the] commission, at least
4-8 quarterly and until final disposition of the complaint, shall
4-9 notify the complainant and each person or entity complained about
4-10 [parties to the complaint] of the status of the complaint unless
4-11 notice would jeopardize an undercover investigation.
4-12 (d) The commission shall keep [an] information [file] about
4-13 each complaint filed with the commission. The information must
4-14 include:
4-15 (1) the date the complaint is received;
4-16 (2) the name of the complainant;
4-17 (3) the subject matter of the complaint;
4-18 (4) a record of all persons contacted in relation to
4-19 the complaint;
4-20 (5) a summary of the results of the review or
4-21 investigation of the complaint;
4-22 (6) an explanation of the reason the complaint was
4-23 closed without action, for complaints on which the commission took
4-24 no action [relating to a licensee or entity funded or regulated by
4-25 the commission].
4-26 SECTION 6. Section 461.012, Health and Safety Code, is
4-27 amended by amending Subsections (a) and (b) and by adding
5-1 Subsections (d) and (e) to read as follows:
5-2 (a) The commission shall:
5-3 (1) provide for research and study of the problems of
5-4 chemical dependency in this state and seek to focus public
5-5 attention on those problems through public information and
5-6 education programs;
5-7 (2) plan, develop, coordinate, evaluate, and implement
5-8 constructive methods and programs for the prevention, intervention,
5-9 treatment, and rehabilitation of chemical dependency in cooperation
5-10 with federal and state agencies, local governments, organizations,
5-11 and persons, and provide technical assistance, funds, and
5-12 consultation services for statewide and community-based services;
5-13 (3) cooperate with and enlist the assistance of:
5-14 (A) other state, federal, and local agencies;
5-15 (B) hospitals and clinics;
5-16 (C) public health, welfare, and criminal justice
5-17 system authorities;
5-18 (D) educational and medical agencies and
5-19 organizations; and
5-20 (E) other related public and private groups and
5-21 persons;
5-22 (4) expand chemical dependency services for children
5-23 when funds are available because of the long-term benefits of those
5-24 services to the state and its citizens;
5-25 (5) sponsor, promote, and conduct educational programs
5-26 on the prevention and treatment of chemical dependency, and
5-27 maintain a public information clearinghouse to purchase and provide
6-1 books, literature, audiovisuals, and other educational material for
6-2 the programs;
6-3 (6) sponsor, promote, and conduct training programs
6-4 for persons delivering prevention, intervention, treatment, and
6-5 rehabilitation services and for persons in the criminal justice
6-6 system or otherwise in a position to identify chemically dependent
6-7 persons and their families in need of service;
6-8 (7) require programs rendering services to chemically
6-9 dependent persons to safeguard those persons' legal rights of
6-10 citizenship and maintain the confidentiality of client records as
6-11 required by state and federal law;
6-12 (8) maximize the use of available funds for direct
6-13 services rather than administrative services;
6-14 (9) consistently monitor the expenditure of funds and
6-15 the provision of services by all grant and contract recipients to
6-16 assure that the services are effective and properly staffed and
6-17 meet the standards adopted under this chapter;
6-18 (10) make the monitoring reports prepared under
6-19 Subdivision (9) a matter of public record;
6-20 (11) license treatment facilities under Chapter 464;
6-21 (12) use funds appropriated to the commission to carry
6-22 out this chapter and maximize the overall state allotment of
6-23 federal funds;
6-24 (13) develop and implement policies that will provide
6-25 the public with a reasonable opportunity to appear before the
6-26 commission and to speak on any issue under the commission's
6-27 jurisdiction;
7-1 (14) establish minimum criteria that peer assistance
7-2 programs must meet to be governed by and entitled to the benefits
7-3 of a law that authorizes licensing and disciplinary authorities to
7-4 establish or approve peer assistance programs for impaired
7-5 professionals;
7-6 (15) adopt rules governing the functions of the
7-7 commission, including rules that prescribe the policies and
7-8 procedures followed by the commission in administering any
7-9 commission programs; [and]
7-10 (16) plan, develop, coordinate, evaluate, and
7-11 implement constructive methods and programs to provide healthy
7-12 alternatives for youth at risk of selling controlled substances;
7-13 and[.]
7-14 (17) [(16)] submit to the federal government reports
7-15 and strategies necessary to comply with Section 1926 of the federal
7-16 Alcohol, Drug Abuse, and Mental Health Administration
7-17 Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
7-18 reports and strategies are to be coordinated with appropriate state
7-19 governmental entities.
7-20 (b) The commission may establish regional alcohol advisory
7-21 committees consistent with the [24 state planning] regions
7-22 established under Section 531.024, Government Code.
7-23 (d) The commission shall comply with federal and state laws
7-24 related to program and facility accessibility.
7-25 (e) The executive director shall prepare and maintain a
7-26 written plan that describes how a person who does not speak English
7-27 can be provided reasonable access to the commission's programs and
8-1 services.
8-2 SECTION 7. Chapter 461, Health and Safety Code, is amended
8-3 by adding Sections 461.0051, 461.0124, 461.0125, 461.0126,
8-4 461.0127, 461.0141, 461.0142, and 461.0143 to read as follows:
8-5 Sec. 461.0051. COMMISSION MEMBER TRAINING. (a) Before a
8-6 member of the commission may assume the member's duties and before
8-7 the member may be confirmed by the senate, the member must complete
8-8 at least one course of the training program established under this
8-9 section.
8-10 (b) A training program established under this section shall
8-11 provide information to the member regarding:
8-12 (1) the enabling legislation that created the
8-13 commission and its policy-making body to which the member is
8-14 appointed to serve;
8-15 (2) the programs operated by the commission;
8-16 (3) the role and functions of the commission;
8-17 (4) the rules of the commission, with an emphasis on
8-18 the rules that relate to disciplinary and investigatory authority;
8-19 (5) the current budget for the commission;
8-20 (6) the results of the most recent formal audit of the
8-21 commission;
8-22 (7) the requirements of the:
8-23 (A) open meetings law, Chapter 551, Government
8-24 Code;
8-25 (B) open records law, Chapter 552, Government
8-26 Code; and
8-27 (C) administrative procedure law, Chapter 2001,
9-1 Government Code;
9-2 (8) the requirements of the conflict of interest laws
9-3 and other laws relating to public officials; and
9-4 (9) any applicable ethics policies adopted by the
9-5 commission or the Texas Ethics Commission.
9-6 Sec. 461.0124. STATEWIDE SERVICE DELIVERY PLAN. (a) The
9-7 commission shall develop and adopt a statewide service delivery
9-8 plan. The commission shall update the plan not later than February
9-9 1 of each even-numbered year. The plan must include:
9-10 (1) a statement of the commission's mission, goals,
9-11 and objectives regarding chemical dependency prevention,
9-12 intervention, and treatment;
9-13 (2) a statement of how chemical dependency services
9-14 and chemical dependency case management services should be
9-15 organized, managed, and delivered;
9-16 (3) a comprehensive assessment of:
9-17 (A) chemical dependency services available in
9-18 this state at the time the plan is prepared; and
9-19 (B) future chemical dependency services needs;
9-20 (4) a service funding process that ensures equity in
9-21 the availability of chemical dependency services across this state
9-22 and within each service region established under Section 531.024,
9-23 Government Code;
9-24 (5) a provider selection and monitoring process that
9-25 emphasizes quality in the provision of services;
9-26 (6) a description of minimum service levels for each
9-27 region;
10-1 (7) a mechanism for the commission to obtain and
10-2 consider local public participation in identifying and assessing
10-3 regional needs for chemical dependency services;
10-4 (8) a process for coordinating and assisting
10-5 administration and delivery of services among federal, state, and
10-6 local public and private chemical dependency programs that provide
10-7 similar services; and
10-8 (9) a process for coordinating the commission's
10-9 activities with those of other state health and human services
10-10 agencies and criminal justice agencies to avoid duplications and
10-11 inconsistencies in the efforts of the agencies in chemical
10-12 dependency prevention, intervention, treatment, rehabilitation,
10-13 research, education, and training.
10-14 (b) The commission shall gather information needed for the
10-15 development of the plan through systematic methods designed to
10-16 include local, regional, and statewide perspectives.
10-17 (c) In developing the plan, the commission shall analyze the
10-18 costs of implementation of proposed features of the plan by both
10-19 the commission and service providers. The commission shall use the
10-20 analysis to maximize the efficiency of service delivery under the
10-21 final plan.
10-22 Sec. 461.0125. CLIENT SERVICE CONTRACT STANDARDS. In each
10-23 contract for the purchase of chemical dependency program-related
10-24 client services, the commission shall include:
10-25 (1) clearly defined contract goals, outputs, and
10-26 measurable outcomes that relate directly to program objectives;
10-27 (2) clearly defined sanctions or penalties for failure
11-1 to comply with or perform contract terms or conditions; and
11-2 (3) clearly specified accounting, reporting, and
11-3 auditing requirements applicable to money received under the
11-4 contract.
11-5 Sec. 461.0126. CONTRACT MONITORING. The commission shall
11-6 establish a formal program to monitor program-related client
11-7 services contracts made by the commission. The commission must:
11-8 (1) monitor compliance with financial and performance
11-9 requirements using a risk assessment methodology; and
11-10 (2) obtain and evaluate program cost information to
11-11 ensure that each cost, including an administrative cost, is
11-12 reasonable and necessary to achieve program objectives.
11-13 Sec. 461.0127. TECHNICAL ASSISTANCE PROGRAM. The commission
11-14 shall adopt technical assistance policies and procedures for a
11-15 technical assistance program that:
11-16 (1) is clearly separate from the commission's contract
11-17 monitoring activities;
11-18 (2) has a single office for technical assistance
11-19 requests; and
11-20 (3) includes explicit response time frames.
11-21 Sec. 461.0141. SERVICES FUNDING. (a) The commission by
11-22 rule shall adopt a system of funding the provision of chemical
11-23 dependency services that includes competitive and noncompetitive
11-24 procedures to:
11-25 (1) maximize the range of treatment services available
11-26 in each service region;
11-27 (2) provide reasonable access in each region to
12-1 available services; and
12-2 (3) include local public participation in making
12-3 regional funding decisions and formal funding recommendations.
12-4 (b) The system must require that the commission award each
12-5 proposed chemical dependency services contract to the applicant
12-6 that the commission determines has made the bid that provides the
12-7 best value.
12-8 (c) In determining the best value bid for a contract under
12-9 this section, the commission shall consider:
12-10 (1) the quality of the proposed service;
12-11 (2) cost;
12-12 (3) the applicant's ability to:
12-13 (A) perform the contract;
12-14 (B) provide the required services; and
12-15 (C) provide continuity of service;
12-16 (4) whether the applicant can perform the contract or
12-17 provide the services within the period required, without delay or
12-18 interference;
12-19 (5) the applicant's history of:
12-20 (A) contract performance; and
12-21 (B) compliance with the laws relating to the
12-22 applicant's business operations and the affected services;
12-23 (6) whether the applicant's financial resources are
12-24 sufficient to perform the contract and to provide the services;
12-25 (7) whether necessary or desirable support and
12-26 ancillary services are available to the applicant;
12-27 (8) the degree of community support for the applicant;
13-1 (9) the quality of the facilities and equipment
13-2 available to or proposed by the applicant;
13-3 (10) the ability of the applicant to meet all
13-4 applicable written commission policies, principles, and
13-5 regulations;
13-6 (11) state investment in the applicant; and
13-7 (12) other factors the commission determines relevant.
13-8 (d) Rules adopted under this section must set out the
13-9 commission's provider selection processes, including:
13-10 (1) service purchase methods;
13-11 (2) eligibility criteria;
13-12 (3) provider selections criteria; and
13-13 (4) selection determination procedures.
13-14 Sec. 461.0142. FUNDING POLICY MANUAL. (a) The commission
13-15 shall publish a funding policy manual that explains:
13-16 (1) the commission's funding priorities and provider
13-17 selection criteria; and
13-18 (2) the methods the commission used to develop funding
13-19 policies.
13-20 (b) The commission shall update the manual annually.
13-21 Sec. 461.0143. UNIT RATE REIMBURSEMENT. (a) The commission
13-22 shall study the procurement of and payment for chemical dependency
13-23 treatment services on a unit rate reimbursement basis.
13-24 (b) If the commission determines, after consideration of the
13-25 study, that procurement of and payment for chemical dependency
13-26 treatment services on a unit rate reimbursement basis would result
13-27 in obtaining the highest quality treatment services at the best
14-1 price and the lowest administrative cost to the commission, the
14-2 commission shall adopt a unit rate reimbursement system for those
14-3 services. The system must:
14-4 (1) include competitive procurement;
14-5 (2) provide for the commission to monitor providers'
14-6 expenditure rates and performance;
14-7 (3) provide for the commission to verify provider
14-8 costs before and after a contract term to ensure rates are set
14-9 appropriately;
14-10 (4) ensure accountability of providers;
14-11 (5) prevent unallowable provider expenditures; and
14-12 (6) contain costs.
14-13 (c) The commission may procure and pay for chemical
14-14 dependency prevention and intervention services under a unit rate
14-15 reimbursement system when the commission determines it is
14-16 appropriate.
14-17 (d) In this section, "unit rate reimbursement" means
14-18 reimbursement for a service paid at a specified rate for a unit of
14-19 the service provided to a client multiplied by the number of units
14-20 provided.
14-21 SECTION 8. Sections 464.003 and 464.008, Health and Safety
14-22 Code, are amended to read as follows:
14-23 Sec. 464.003. EXEMPTIONS. This subchapter does not apply
14-24 to:
14-25 (1) a facility maintained or operated by the federal
14-26 government;
14-27 (2) a facility directly operated by the state;
15-1 (3) a facility licensed by the Texas Department of
15-2 [Mental] Health [and Mental Retardation];
15-3 (4) an educational program for intoxicated drivers;
15-4 (5) the individual office of a private, licensed
15-5 health care practitioner who personally renders private individual
15-6 or group services within the scope of the practitioner's license
15-7 and in the practitioner's office;
15-8 (6) an individual who personally provides counseling
15-9 or support services to a chemically dependent person but does not
15-10 offer or purport to offer a chemical dependency treatment program;
15-11 or
15-12 (7) a 12-step or similar self-help chemical dependency
15-13 recovery program:
15-14 (A) that does not offer or purport to offer a
15-15 chemical dependency treatment program;
15-16 (B) that does not charge program participants;
15-17 and
15-18 (C) in which program participants may maintain
15-19 anonymity.
15-20 Sec. 464.008. ALCOHOL AND DRUG ABUSE TREATMENT LICENSURE
15-21 FUND. All application and inspection fees collected by the
15-22 commission under this subchapter are subject to Subchapter F,
15-23 Chapter 404, Government Code [shall be deposited in the state
15-24 treasury to the credit of the alcohol and drug abuse treatment
15-25 licensure fund. Money in the fund may be appropriated only to the
15-26 commission to administer and enforce this subchapter].
15-27 SECTION 9. Section 464.014, Health and Safety Code, is
16-1 amended to read as follows:
16-2 Sec. 464.014. DENIAL, REVOCATION, SUSPENSION, OR NONRENEWAL
16-3 OF LICENSE. (a) The [executive director of the] commission shall
16-4 [may] deny, revoke, suspend, or refuse to renew a license, place on
16-5 probation a person whose license has been suspended, or reprimand a
16-6 license holder if the applicant or [,] license holder [,] or the
16-7 owner, director, administrator, or a clinical staff member of the
16-8 facility:
16-9 (1) has a documented history of client abuse or
16-10 neglect; or
16-11 (2) violates [fails to comply with] this subchapter or
16-12 [with] a rule of the commission [adopted under this subchapter].
16-13 (b) If a license suspension is probated, the commission may
16-14 establish the conditions for completion or violation of the
16-15 probation.
16-16 (c) The denial, revocation, suspension, probation, or
16-17 nonrenewal takes effect on the 30th day after the date on which the
16-18 notice was mailed unless:
16-19 (1) the commission secures an injunction under Section
16-20 464.015; or
16-21 (2) an administrative appeal is requested.
16-22 (d) [(c) If an administrative appeal is requested, the
16-23 effective date of the commission's original decision must be
16-24 postponed to allow the person whose license was denied, revoked,
16-25 suspended, or not renewed to participate in the appeal. The
16-26 commission shall provide an opportunity for the affected person to
16-27 present additional evidence or testimony to the commission.]
17-1 [(d) A person whose license is denied, revoked, suspended,
17-2 or not renewed is entitled to:]
17-3 [(1) appeal that decision at a hearing before the
17-4 commission or a hearings officer appointed by the commission; and]
17-5 [(2) receive notice of the date, time, and place of
17-6 the hearing not later than the 15th day before the date of the
17-7 hearing.]
17-8 [(e) A request for a hearing must be received by the
17-9 commission not later than the 15th day after the date on which the
17-10 notice of denial, revocation, suspension, or nonrenewal is mailed
17-11 to the applicant or license holder.]
17-12 [(f)] The commission may restrict attendance at an appeals
17-13 hearing to the parties and their agents.
17-14 [(g) If a license is denied, revoked, suspended, or not
17-15 renewed after a hearing, the commission shall send to the
17-16 applicant or license holder a copy of the commission's findings and
17-17 grounds for the decision.]
17-18 [(h) An order denying, revoking, suspending, or refusing to
17-19 renew a license takes effect on the 31st day after the date on
17-20 which the applicant or license holder receives final notice of the
17-21 denial, revocation, suspension, or nonrenewal.] A license holder
17-22 whose license is suspended or revoked may not admit new clients
17-23 until the license is reissued.
17-24 [(i) Chapter 2001, Government Code applies to a judicial
17-25 review of a commission appeals hearing under this subchapter.]
17-26 SECTION 10. Section 464.017(f), Health and Safety Code, is
17-27 amended to read as follows:
18-1 (f) Penalties collected under this section by the attorney
18-2 general shall be deposited to the credit of the alcohol and drug
18-3 abuse treatment licensure fund account. Penalties collected under
18-4 this section by a district or county attorney shall be deposited to
18-5 the credit of the general fund of the county in which the suit was
18-6 heard.
18-7 SECTION 11. Subchapter A, Chapter 464, Health and Safety
18-8 Code, is amended by adding Section 464.0145 to read as follows:
18-9 Sec. 464.0145. DISCIPLINARY ACTION HEARING. (a) If the
18-10 commission proposes to suspend, revoke, or refuse to renew a
18-11 person's license, the person is entitled to a hearing conducted by
18-12 the State Office of Administrative Hearings.
18-13 (b) Procedures for a disciplinary action are governed by the
18-14 administrative procedure law, Chapter 2001, Government Code.
18-15 (c) Rules of practice adopted by the commission under
18-16 Section 2001.004, Government Code, applicable to the proceedings
18-17 for a disciplinary action may not conflict with rules adopted by
18-18 the State Office of Administrative Hearings.
18-19 SECTION 12. Section 10(b), Chapter 635, Acts of the 72nd
18-20 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
18-21 Civil Statutes), is amended to read as follows:
18-22 (b) To be eligible for a license under this Act, a person
18-23 must:
18-24 (1) [be a citizen of the State of Texas;]
18-25 [(2)] be at least 18 years of age;
18-26 (2) [(3)] have a high school diploma or its
18-27 equivalent;
19-1 (3) [(4)] have completed 270 classroom hours of
19-2 approved curricula;
19-3 (4) [(5)] have 4,000 hours of approved supervised
19-4 experience working with chemically dependent persons;
19-5 (5) [(6)] have completed 300 hours of approved
19-6 supervised field work practicum;
19-7 (6) [(7)] have two letters of reference from licensed
19-8 chemical dependency counselors;
19-9 (7) [(8)] pass a written examination approved by the
19-10 commission;
19-11 (8) [(9)] submit a case presentation to the test
19-12 administrator [commission];
19-13 (9) [(10)] pass an oral examination approved by the
19-14 commission;
19-15 (10) [(11)] be determined by the commission to be
19-16 worthy of the public trust and confidence;
19-17 (11) [(12)] successfully complete the chemical
19-18 dependency counselor examination under Section 11 of this Act; and
19-19 (12) [(13)] sign a written agreement to abide by the
19-20 standards of ethics approved by the commission.
19-21 SECTION 13. Section 13, Chapter 635, Acts of the 72nd
19-22 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
19-23 Civil Statutes), is amended by amending Subsections (b), (c), (d),
19-24 and (e) and by adding Subsections (f) and (g) to read as follows:
19-25 (b) At least 30 days before the expiration of a person's
19-26 [Not later than the 30th day before the expiration date of a]
19-27 license [issued under this Act], the commission shall send written
20-1 notice of the impending [notify the license holder in writing of
20-2 the date of the] license expiration, the amount of the renewal fee,
20-3 and any continuing education provisions required to renew the
20-4 license [by sending a notice] to the license holder at [the address
20-5 of] the license holder's [holder] last known address according to
20-6 [the] commission records.
20-7 (c) A person who is otherwise eligible to renew a license
20-8 may renew an unexpired license by paying the required renewal fee
20-9 to the commission before the expiration date of the license. A
20-10 person whose license has expired may not engage in activities that
20-11 require a license until the license has been renewed under the
20-12 provisions of this section.
20-13 (d) [(c)] If the person's [a] license has been expired for
20-14 90 days or less, the person may renew the license by paying to the
20-15 commission one and one-half times the required renewal fee [and a
20-16 fee that is one-half of the examination fee for the license].
20-17 (e) [(d)] If a license has been expired for longer than 90
20-18 days but less than one year [two years], the person may renew the
20-19 license by paying to the commission two times the required renewal
20-20 fee.
20-21 (f) If the person's license has been expired for one year or
20-22 longer, the person may not renew the license. The person may
20-23 obtain a new license by submitting to reexamination and complying
20-24 with the requirements and procedures for obtaining an original [all
20-25 unpaid renewal fees and a fee that is equal to the examination fee
20-26 for the] license.
20-27 (g) If the person was licensed in this state, moved to
21-1 another state, and is currently licensed and has been in practice
21-2 in the other state for the two years preceding application, the
21-3 person may renew an expired license without reexamination. The
21-4 person must pay to the commission a fee that is equal to two times
21-5 the required renewal fee for the license [(e) If the person's
21-6 license has been expired for two years or more, the person may
21-7 obtain a new license by submitting to reexamination, if an
21-8 examination was originally required, and complying with the
21-9 requirements and procedures for obtaining an original license under
21-10 this Act].
21-11 SECTION 14. Sections 15, 16, and 17, Chapter 635, Acts of
21-12 the 72nd Legislature, Regular Session, 1991 (Article 4512o,
21-13 Vernon's Texas Civil Statutes), are amended to read as follows:
21-14 Sec. 15. CONTINUING EDUCATION. The commission shall
21-15 recognize, prepare, or administer [approve the preparation and
21-16 administration of] continuing education programs for licensed
21-17 chemical dependency counselors [under this Act]. Participation in
21-18 the programs is mandatory for licensure. A person licensed under
21-19 this Act must complete at least 60 hours of continuing education
21-20 in each two-year period in which the person holds a license as a
21-21 requirement for the renewal of the license. The commission shall
21-22 provide by rule for the administration of the continuing education
21-23 requirements for license renewal under this Act.
21-24 Sec. 16. LICENSE REFUSAL; DISCIPLINARY ACTIONS. (a) The
21-25 commission shall [may] refuse to issue a license, revoke, suspend,
21-26 or refuse to [or] renew a license, place on probation a license
21-27 holder whose license has been suspended, or reprimand a license
22-1 holder if the person or license holder [, or revoke or suspend a
22-2 license issued under this Act for]:
22-3 (1) violates or assists [violating or assisting]
22-4 another to violate this Act or a rule of the commission adopted
22-5 under this Act;
22-6 (2) circumvents or attempts [circumventing or
22-7 attempting] to circumvent this Act or a rule of the commission
22-8 adopted under this Act;
22-9 (3) participates [participating], directly or
22-10 indirectly, in a plan the purpose of which is the evasion of this
22-11 Act or a rule of the commission adopted under this Act;
22-12 (4) engages [engaging] in false, misleading, or
22-13 deceptive conduct as defined by Section 17.46, Business & Commerce
22-14 Code;
22-15 (5) engages [engaging] in conduct that discredits or
22-16 tends to discredit the profession of chemical dependency
22-17 counseling;
22-18 (6) reveals or causes [revealing or causing] to be
22-19 revealed, directly or indirectly, a confidential communication made
22-20 to the licensed chemical dependency counselor by a client or
22-21 recipient of services, except as required by law;
22-22 (7) has [having] a license to practice chemical
22-23 dependency counseling in another jurisdiction refused, suspended,
22-24 or revoked for a reason that the commission finds would constitute
22-25 a violation of this Act or a commission rule established under this
22-26 Act;
22-27 (8) refuses [refusing] to perform an act or service
23-1 for which the person is licensed to perform under this Act on the
23-2 basis of the client's or recipient's age, sex, race, religion,
23-3 national origin, color, or political affiliation; or
23-4 (9) commits [committing] an act for which liability
23-5 exists under Chapter 81, Civil Practice and Remedies Code.
23-6 (b) If a license suspension is probated, the commission may
23-7 require the license holder to:
23-8 (1) report regularly to the commission on matters that
23-9 are the basis of the probation;
23-10 (2) limit practice to the areas prescribed by the
23-11 commission; or
23-12 (3) continue or review professional education until
23-13 the license holder attains a degree of skill satisfactory to the
23-14 commission in the areas that are the basis of the probation.
23-15 Sec. 17. DISCIPLINARY PROCEEDINGS. (a) A person may file a
23-16 complaint with the commission alleging a violation of this Act. The
23-17 complaint must be [by filing a charge with the commission] in
23-18 writing and under oath.
23-19 (b) If the [The commission may order that the revocation or
23-20 suspension of a license be probated as long as the license holder
23-21 complies with the terms of probation established by the commission.
23-22 The commission shall determine the length of the probationary
23-23 period at the time the probation is ordered. At any time while the
23-24 license holder is on probation, the commission may hold a hearing
23-25 and, on a majority vote, rescind the probation and enforce the
23-26 commission's original action in revoking or suspending the license.]
23-27 [(c) The] commission proposes to suspend, revoke, or refuse
24-1 to renew a person's license, the person is entitled to a hearing
24-2 conducted by the State Office of Administrative Hearings.
24-3 Procedures for disciplinary action are [shall provide for notice of
24-4 a proposed disciplinary proceeding and an opportunity to appeal
24-5 from a disciplinary proceeding. A disciplinary proceeding and an
24-6 appeal from the proceeding is] governed by the administrative
24-7 procedure law, Chapter 2001, Government Code. Rules of practice
24-8 adopted by the commission under Section 2001.004, Government Code,
24-9 applicable to the proceedings for a disciplinary action may not
24-10 conflict with rules adopted by the State Office of Administrative
24-11 Hearings.
24-12 (c) [Administrative Procedure and Texas Register Act
24-13 (Article 6252-13a, Vernon's Texas Civil Statutes). (d)] The
24-14 commission shall keep a file about [an information file on] each
24-15 complaint [or charge] filed with the commission that the commission
24-16 has authority to resolve. The commission shall provide to the
24-17 person filing the complaint and the persons or entities complained
24-18 about the commission's policies and procedures pertaining to
24-19 complaint investigation and resolution. The commission, at least
24-20 quarterly and until final disposition of the complaint, shall
24-21 notify the person filing the complaint and the persons or entities
24-22 complained about of the status of the complaint unless the notice
24-23 would jeopardize an undercover investigation.
24-24 (d) The commission shall keep information about each
24-25 complaint filed with the commission. The information shall
24-26 include:
24-27 (1) the date the complaint is received;
25-1 (2) the name of the complainant;
25-2 (3) the subject matter of the complaint;
25-3 (4) a record of all persons contacted in relation to
25-4 the complaint;
25-5 (5) a summary of the results of the review or
25-6 investigation of the complaint; and
25-7 (6) for complaints for which the commission took no
25-8 action, an explanation of the reason the complaint was closed
25-9 without action [. The commission shall inform each party quarterly
25-10 in writing as to the status of the complaint during the
25-11 consideration of a charge filed under this section and until the
25-12 charge is finally resolved].
25-13 SECTION 15. Section 19, Chapter 635, Acts of the 72nd
25-14 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
25-15 Civil Statutes), is amended to read as follows:
25-16 Sec. 19. FUND. The licensed chemical dependency counselors
25-17 fund account is created in the state treasury. The account [fund]
25-18 consists of all money derived from fees, assessments, or charges
25-19 under this Act. All unobligated and unexpended amounts remaining in
25-20 that account [fund] are reserved for the use of the commission in
25-21 the administration and enforcement of this Act. General revenue
25-22 taxes shall not be used for the administration of this Act.
25-23 SECTION 16. Chapter 635, Acts of the 72nd Legislature,
25-24 Regular Session, 1991 (Article 4512o, Vernon's Texas Civil
25-25 Statutes), is amended by adding Sections 10A and 18A to read as
25-26 follows:
25-27 Sec. 10A. PROVISIONAL LICENSE. (a) The commission may
26-1 issue a provisional license to an applicant currently licensed in
26-2 another state who seeks a license in Texas. An applicant for a
26-3 provisional license under this section must:
26-4 (1) be licensed in good standing as a chemical
26-5 dependency counselor at least two years in another state, the
26-6 District of Columbia, a foreign country, or a territory of the
26-7 United States that has licensing requirements that are
26-8 substantially equivalent to the requirements of this Act;
26-9 (2) have passed a national or other examination
26-10 recognized by the commission relating to the practice of chemical
26-11 dependency counseling; and
26-12 (3) be sponsored by a person licensed by the
26-13 commission under this Act with whom the provisional license holder
26-14 may practice under this section.
26-15 (b) The commission may waive the requirement of Subsection
26-16 (a)(3) of this section for an applicant if the commission
26-17 determines that compliance with that subsection would constitute a
26-18 hardship to the applicant.
26-19 (c) A provisional license is valid until the date the
26-20 commission approves or denies the provisional license holder's
26-21 application for a license.
26-22 (d) The commission shall issue a license to the provisional
26-23 license holder if the provisional license holder is eligible to be
26-24 licensed under Section 10. For purposes of this subsection, the
26-25 commission may waive the requirements prescribed by Sections
26-26 10(b)(8), (9), and (11).
26-27 (e) The commission must complete the processing of a
27-1 provisional license holder's application for a license not later
27-2 than the 180th day after the date the provisional license is
27-3 issued. The commission may extend the 180-day limit if the
27-4 commission has not received information necessary to determine
27-5 whether the applicant is eligible for a permanent license.
27-6 (f) The commission may establish a fee for a provisional
27-7 license in an amount reasonable and necessary to cover the cost of
27-8 issuing the license.
27-9 Sec. 18A. ADMINISTRATIVE PENALTY. (a) The commission may
27-10 assess an administrative penalty against a person who violates this
27-11 Act or a rule adopted under this Act.
27-12 (b) The penalty may not exceed $1,000 for each violation.
27-13 Each day of a continuing violation constitutes a separate
27-14 violation.
27-15 (c) In determining the amount of an administrative penalty
27-16 assessed under this section, the commission shall consider:
27-17 (1) the seriousness of the violation;
27-18 (2) the history of previous violations;
27-19 (3) the amount necessary to deter future violations;
27-20 (4) efforts made to correct the violation; and
27-21 (5) any other matters that justice may require.
27-22 (d) All proceedings for the assessment of an administrative
27-23 penalty under this Act are subject to Chapter 2001, Government
27-24 Code.
27-25 (e) If, after investigation of a possible violation and the
27-26 facts surrounding that possible violation, the commission
27-27 determines that a violation has occurred, the commission shall give
28-1 written notice of the violation to the person alleged to have
28-2 committed the violation. The notice must include:
28-3 (1) a brief summary of the alleged violation;
28-4 (2) a statement of the amount of the proposed penalty
28-5 based on the factors set forth in Subsection (c) of this section;
28-6 and
28-7 (3) a statement of the person's right to a hearing on
28-8 the occurrence of the violation, the amount of the penalty, or both
28-9 the occurrence of the violation and the amount of the penalty.
28-10 (f) Not later than the 20th day after the date on which the
28-11 notice is received, the person notified may accept the
28-12 determination of the commission made under this section, including
28-13 the proposed penalty, or make a written request for a hearing on
28-14 that determination.
28-15 (g) If the person notified of the violation accepts the
28-16 determination of the commission, the executive director or the
28-17 executive director's designee shall issue an order approving the
28-18 determination and ordering that the person pay the proposed
28-19 penalty.
28-20 (h) If the person notified under Subsection (e) of this
28-21 section timely requests a hearing, the commission shall:
28-22 (1) set a hearing;
28-23 (2) give written notice of the hearing to the person;
28-24 and
28-25 (3) designate a hearings examiner to conduct the
28-26 hearing.
28-27 (i) The hearings examiner shall make findings of fact and
29-1 conclusions of law and shall promptly issue to the executive
29-2 director or the executive director's designee a proposal for
29-3 decision as to the occurrence of the violation and a recommendation
29-4 as to the amount of the proposed penalty if a penalty is determined
29-5 to be warranted.
29-6 (j) Based on the findings of fact and conclusions of law and
29-7 the recommendations of the hearings examiner, the executive
29-8 director or the executive director's designee by order may find
29-9 that a violation has occurred and may assess a penalty or may find
29-10 that no violation has occurred.
29-11 (k) The commission shall give notice of the order under
29-12 Subsection (j) of this section to the person notified. The notice
29-13 must include:
29-14 (1) separate statements of the findings of fact and
29-15 conclusions of law;
29-16 (2) the amount of any penalty assessed; and
29-17 (3) a statement of the right of the person to judicial
29-18 review of the order.
29-19 (l) Not later than the 30th day after the date on which the
29-20 decision is final as provided by Chapter 2001, Government Code, the
29-21 person shall:
29-22 (1) pay the penalty;
29-23 (2) pay the penalty and file a petition for judicial
29-24 review contesting the occurrence of the violation, the amount of
29-25 the penalty, or both the occurrence of the violation and the amount
29-26 of the penalty; or
29-27 (3) without paying the penalty, file a petition for
30-1 judicial review contesting the occurrence of the violation, the
30-2 amount of the penalty, or both the occurrence of the violation and
30-3 the amount of the penalty.
30-4 (m) Within the 30-day period, a person who acts under
30-5 Subsection (l)(3) of this section may:
30-6 (1) stay enforcement of the penalty by:
30-7 (A) paying the penalty to the court for
30-8 placement in an escrow account; or
30-9 (B) giving to the court a supersedeas bond that
30-10 is approved by the court for the amount of the penalty and that is
30-11 effective until all judicial review of the order is final; or
30-12 (2) request the court to stay enforcement of the
30-13 penalty by:
30-14 (A) filing with the court a sworn affidavit of
30-15 the person stating that the person is financially unable to pay the
30-16 amount of the penalty and is financially unable to give the
30-17 supersedeas bond; and
30-18 (B) giving a copy of the affidavit to the
30-19 commission by certified mail.
30-20 (n) If the commission receives a copy of an affidavit under
30-21 Subsection (m)(2) of this section, the commission may file with the
30-22 court, within five days after the date the copy is received, a
30-23 contest to the affidavit. The court shall hold a hearing on the
30-24 facts alleged in the affidavit as soon as practicable and shall
30-25 stay the enforcement of the penalty on finding that the alleged
30-26 facts are true. The person who files an affidavit has the burden
30-27 of proving that the person is financially unable to pay the penalty
31-1 and to give a supersedeas bond.
31-2 (o) If the person does not pay the penalty and the
31-3 enforcement of the penalty is not stayed, the commission may refer
31-4 the matter to the attorney general for collection of the penalty.
31-5 (p) Judicial review of the order:
31-6 (1) is instituted by filing a petition as provided by
31-7 Subchapter G, Chapter 2001, Government Code; and
31-8 (2) is under the substantial evidence rule.
31-9 (q) If the court sustains the occurrence of the violation,
31-10 the court may uphold or reduce the amount of the penalty and order
31-11 the person to pay the full or reduced amount of the penalty. If
31-12 the court does not sustain the occurrence of the violation, the
31-13 court shall order that no penalty is owed.
31-14 (r) When the judgment of the court becomes final, the court
31-15 shall proceed under this subsection. If the person paid the amount
31-16 of the penalty under Subsection (l)(2) of this section and if that
31-17 amount is reduced or is not upheld by the court, the court shall
31-18 order that the commission pay the appropriate amount plus accrued
31-19 interest to the person. The rate of the interest is the rate
31-20 charged on loans to depository institutions by the New York Federal
31-21 Reserve Bank, and the interest shall be paid for the period
31-22 beginning on the date the penalty was paid and ending on the date
31-23 the penalty is remitted. If the person paid the penalty under
31-24 Subsection (m)(1)(A) of this section or gave a supersedeas bond and
31-25 if the amount of the penalty is not upheld by the court, the court
31-26 shall order the release of the escrow account or bond. If the
31-27 person paid the penalty under Subsection (m)(1)(A) and the amount
32-1 of the penalty is reduced, the court shall order that the amount of
32-2 the penalty be paid to the commission from the escrow account and
32-3 that the remainder of the account be released. If the person gave
32-4 a supersedeas bond and if the amount of the penalty is reduced, the
32-5 court shall order the release of the bond after the person pays the
32-6 amount.
32-7 (s) An administrative penalty collected under this section
32-8 shall be deposited in the state treasury to the credit of the
32-9 general revenue fund.
32-10 (t) The commission may assess reasonable expenses and costs
32-11 against a person in an administrative hearing if, as a result of
32-12 the hearing, an administrative penalty is assessed against the
32-13 person. The person shall pay expenses and costs assessed under
32-14 this subsection not later than the 30th day after the date of the
32-15 order of the executive director or the executive director's
32-16 designee requiring the payment of expenses and costs is final. The
32-17 commission may refer the matter to the attorney general for
32-18 collection of the expenses and costs.
32-19 (u) If the attorney general brings an action against a
32-20 person to enforce an administrative penalty assessed under this Act
32-21 and the person is found liable for an administrative penalty, the
32-22 attorney general may recover, on behalf of the attorney general and
32-23 the commission, reasonable expenses and costs.
32-24 (v) For purposes of this section, "reasonable expenses and
32-25 costs" includes expenses incurred by the commission and the
32-26 attorney general in the investigation, initiation, or prosecution
32-27 of an action, including reasonable investigative costs, court
33-1 costs, attorney's fees, witness fees, and deposition expenses.
33-2 (w) Costs and expenses collected under this section shall be
33-3 deposited in the state treasury to the credit of a special account
33-4 that may be appropriated only to the commission.
33-5 SECTION 17. Sections 106.115(a), (b), (c), and (d),
33-6 Alcoholic Beverage Code, are amended to read as follows:
33-7 (a) Except as provided by Subsection (b), on conviction of a
33-8 minor of an offense under Section 106.02, 106.04, or 106.05, the
33-9 court, in addition to assessing a fine as provided by those
33-10 sections, shall require the defendant to attend an alcohol
33-11 awareness program [course] approved by the Texas Commission on
33-12 Alcohol and Drug Abuse. If the defendant is younger than 18 years
33-13 of age, the court may require the parent or guardian of the
33-14 defendant to attend the program [course] with the defendant. The
33-15 Texas Commission on Alcohol and Drug Abuse:
33-16 (1) is responsible for the administration of the
33-17 certification of approved alcohol awareness programs;
33-18 (2) may charge a nonrefundable application fee for:
33-19 (A) initial certification of the approval; or
33-20 (B) renewal of the certification;
33-21 (3) shall adopt rules regarding alcohol awareness
33-22 programs approved under this section; and
33-23 (4) shall monitor, coordinate, and provide training to
33-24 a person who provides an alcohol awareness program.
33-25 (b) If the defendant resides in a rural or other area in
33-26 which access to an alcohol awareness program [course] is not
33-27 readily available, the court shall require the defendant to perform
34-1 eight to 12 hours of community service instead of participating in
34-2 an alcohol awareness program [course].
34-3 (c) When requested, an alcohol awareness program [course]
34-4 may be taught in languages other than English.
34-5 (d) The court shall require the defendant to present to the
34-6 court, within 90 days of the date of final conviction, evidence in
34-7 the form prescribed by the court that the defendant, as ordered by
34-8 the court, has satisfactorily completed an alcohol awareness
34-9 program [course] or performed the required hours of community
34-10 service. If the defendant presents the required evidence within
34-11 the prescribed period, the court may reduce the assessed fine to an
34-12 amount equal to no less than one-half of the amount of the initial
34-13 fine.
34-14 SECTION 18. Section 13(j), Article 42.12, Code of Criminal
34-15 Procedure, is amended to read as follows:
34-16 (j) The judge shall require a defendant who is punished
34-17 under Section 49.09, Penal Code, as a condition of community
34-18 supervision, to attend and successfully complete an educational
34-19 program for repeat offenders approved by the Texas Commission on
34-20 Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
34-21 Abuse shall adopt rules and shall monitor, coordinate, and provide
34-22 training to persons providing the educational programs. The Texas
34-23 Commission on Alcohol and Drug Abuse is responsible for the
34-24 administration of the certification of approved educational
34-25 programs and may charge a nonrefundable application fee for initial
34-26 certification of approval or for renewal of the certification. The
34-27 judge may waive the educational program requirement only if the
35-1 defendant by a motion in writing shows good cause. In determining
35-2 good cause, the judge may consider the defendant's school and work
35-3 schedule, the defendant's health, the distance that the defendant
35-4 must travel to attend an educational program, and whether the
35-5 defendant resides out of state or does not have access to
35-6 transportation. The judge shall set out the finding of good cause
35-7 in the judgment. If a defendant is required, as a condition of
35-8 community supervision, to attend an educational program, the court
35-9 clerk shall immediately report that fact to the Department of
35-10 Public Safety, on a form prescribed by the department, for
35-11 inclusion in the defendant's driving record. The report must
35-12 include the beginning date of the defendant's community
35-13 supervision. On the successful completion of the educational
35-14 program for repeat offenders, the defendant shall give notice to
35-15 the community supervision and corrections department. The
35-16 community supervision and corrections department shall then forward
35-17 the notice to the court clerk. The court clerk shall then report
35-18 the date of successful completion of the educational program to the
35-19 Department of Public Safety for inclusion in the defendant's
35-20 driving record. If the Department of Public Safety does not
35-21 receive notice that a defendant required to complete an educational
35-22 program has successfully completed the program for repeat offenders
35-23 within the period required by the judge, as shown on department
35-24 records, the department shall revoke the defendant's driver's
35-25 license, permit, or privilege or prohibit the defendant from
35-26 obtaining a license or permit, as provided by Section 24(g)(2),
35-27 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
36-1 (Article 6687b, Vernon's Texas Civil Statutes).
36-2 SECTION 19. Section 521.376, Transportation Code, is amended
36-3 to read as follows:
36-4 Sec. 521.376. DUTIES OF TEXAS COMMISSION ON ALCOHOL AND DRUG
36-5 ABUSE; APPLICATION AND RENEWAL FEES. The Texas Commission on
36-6 Alcohol and Drug Abuse [shall]:
36-7 (1) shall monitor, coordinate, and provide training to
36-8 persons who provide educational programs under Section 521.374;
36-9 [and]
36-10 (2) shall administer the approval of those educational
36-11 programs; and
36-12 (3) may charge a nonrefundable application fee for:
36-13 (A) initial certification of approval; and
36-14 (B) renewal of the certification.
36-15 SECTION 20. (a) The Texas Commission on Alcohol and Drug
36-16 Abuse shall adopt the first statewide service delivery plan
36-17 required by Section 461.0124, Health and Safety Code, as added by
36-18 this Act, not later than February 1, 1998.
36-19 (b) The Texas Commission on Alcohol and Drug Abuse shall
36-20 conduct the study required by Section 461.0143, Health and Safety
36-21 Code, as added by this Act, from the effective date of this Act
36-22 until August 31, 1998. If the results of the study are positive,
36-23 under the criteria provided by Subsection (b) of that section, the
36-24 commission shall implement a unit rate reimbursement system as
36-25 provided by that subsection for the fiscal year 1999 chemical
36-26 dependency treatment service contracts.
36-27 (c) As soon as is practicable after the effective date of
37-1 this Act, the governor shall appoint six members to the Texas
37-2 Commission on Alcohol and Drug Abuse as provided by Section
37-3 461.003, Health and Safety Code, as amended by this Act. The
37-4 governor shall determine the terms of each appointed member so
37-5 that:
37-6 (1) two members' terms expire February 1, 1999;
37-7 (2) two members' terms expire February 1, 2001; and
37-8 (3) two members' terms expire February 1, 2003.
37-9 SECTION 21. This Act takes effect September 1, 1997.
37-10 SECTION 22. The importance of this legislation and the
37-11 crowded condition of the calendars in both houses create an
37-12 emergency and an imperative public necessity that the
37-13 constitutional rule requiring bills to be read on three several
37-14 days in each house be suspended, and this rule is hereby suspended.