By Sibley, et al. S.B. No. 1070
75R8618 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to faith-based chemical dependency treatment programs and
1-3 counselors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 464, Health and Safety Code, is amended
1-6 by adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAMS
1-8 Sec. 464.051. DEFINITIONS. In this subchapter:
1-9 (1) "Chemical dependency" has the meaning assigned by
1-10 Section 464.001.
1-11 (2) "Commission" has the meaning assigned by Section
1-12 464.001.
1-13 (3) "Religious organization" means a church,
1-14 synagogue, mosque, or other religious institution:
1-15 (A) the purpose of which is the propagation of
1-16 religious beliefs; and
1-17 (B) that is exempt from federal income tax under
1-18 Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C.
1-19 Section 501(a)) by being listed as an exempt organization under
1-20 Section 501(c) of that code (26 U.S.C. Section 501(c)).
1-21 (4) "Treatment" has the meaning assigned by Section
1-22 464.001.
1-23 (5) "Treatment facility" has the meaning assigned by
1-24 Section 464.001.
2-1 Sec. 464.052. EXEMPTION FOR FAITH-BASED CHEMICAL DEPENDENCY
2-2 TREATMENT PROGRAM. (a) Subchapter A does not apply to a chemical
2-3 dependency treatment program that:
2-4 (1) is conducted by a religious organization;
2-5 (2) is exclusively religious, spiritual, or
2-6 ecclesiastical in nature;
2-7 (3) does not treat minors; and
2-8 (4) is registered under Section 464.053.
2-9 (b) The commission may not prohibit the use, by a program
2-10 exempted under this subchapter, of the term "counseling,"
2-11 "treatment," or "rehabilitation."
2-12 Sec. 464.053. EXEMPT PROGRAM REGISTRATION. The commission
2-13 by rule shall establish a simple procedure for a faith-based
2-14 chemical dependency treatment program to register the program's
2-15 exemption under Section 464.052.
2-16 Sec. 464.054. MEDICAL SERVICES PROHIBITED. A program
2-17 exempted under this subchapter may not provide medical care,
2-18 medical detoxification, or medical withdrawal services unless the
2-19 facility is licensed to provide the care or service.
2-20 Sec. 464.055. REPRESENTATIONS IN PROGRAM ADVERTISING OR
2-21 LITERATURE. A program exempted under this subchapter shall include
2-22 in any advertisement or literature that promotes or describes the
2-23 program or the program's chemical dependency treatment services a
2-24 statement that the program is:
2-25 (1) exempt from regulation by the commission; and
2-26 (2) exclusively religious, spiritual, or
2-27 ecclesiastical in nature.
3-1 Sec. 464.056. REVOCATION OF EXEMPTION. The commission may
3-2 revoke the exemption if:
3-3 (1) the organization conducting the program fails to
3-4 timely inform the commission of any material change in the
3-5 program's registration information;
3-6 (2) any program advertisement or literature fails to
3-7 include the statements required by Section 464.055; or
3-8 (3) the organization violates this subchapter or a
3-9 commission rule adopted under this subchapter.
3-10 Sec. 464.057. GENERAL DIRECTIVE TO STATE AGENCIES. A state
3-11 agency may not deny to an individual a state or federal social
3-12 service benefit on the basis that the individual is participating
3-13 in a faith-based residential chemical dependency treatment program.
3-14 Sec. 464.058. RELIGION NOT ENDORSED. This subchapter is not
3-15 intended to aid religion. This subchapter is intended to aid
3-16 chemically dependent persons by supporting programs that serve the
3-17 valid public purpose of combating chemical dependency, regardless
3-18 of whether the programs are religious, spiritual, or ecclesiastical
3-19 in nature. The exemption of faith-based chemical dependency
3-20 treatment programs from licensure and regulation is not an
3-21 endorsement or sponsorship by the state of the religious character,
3-22 expression, beliefs, doctrines, or practices of the treatment
3-23 programs.
3-24 SECTION 2. Chapter 33, Human Resources Code, is amended by
3-25 adding Section 33.012 to read as follows:
3-26 Sec. 33.012. CHEMICAL DEPENDENCY TREATMENT PROGRAM AS
3-27 REPRESENTATIVE. The department shall provide an individual's food
4-1 stamp allotment to the residential chemical dependency treatment
4-2 program in which the person resides to the extent allowed under
4-3 Section 8(f), Food Stamp Act of 1977 (7 U.S.C. Section 2017(e)),
4-4 if the individual designates the program as the individual's
4-5 authorized representative.
4-6 SECTION 3. Section 464.002, Health and Safety Code, is
4-7 amended to read as follows:
4-8 Sec. 464.002. LICENSE REQUIRED. A person may not offer or
4-9 purport to offer chemical dependency treatment without a license
4-10 issued under this subchapter, unless the person is exempted under
4-11 Subchapter C or is working for or providing counseling with a
4-12 program exempted under Subchapter C.
4-13 SECTION 4. Section 3(b), Chapter 635, Acts of the 72nd
4-14 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
4-15 Civil Statutes), is amended to read as follows:
4-16 (b) This Act does not apply to the activities and services
4-17 of:
4-18 (1) a person employed as a counselor by a federal
4-19 institution, if the person is performing chemical dependency
4-20 counseling within the scope of the person's employment;
4-21 (2) a student, intern, or trainee pursuing a course of
4-22 study in counseling at a regionally accredited institution of
4-23 higher education or training institution, if those activities and
4-24 services constitute a part of the supervised course of study and
4-25 the person is designated as a "counselor intern";
4-26 (3) a person who is not a resident of this state if:
4-27 (A) performed for not more than 30 days during
5-1 any year; and
5-2 (B) the person is authorized to perform the
5-3 activities and services under the laws of the state of the person's
5-4 residence; [or]
5-5 (4) a licensed physician or psychologist, licensed
5-6 professional counselor, or certified social worker;
5-7 (5) a[,] religious leader of a congregation providing
5-8 pastoral chemical dependency counseling within the scope of his or
5-9 her duties or a person who is working for or providing counseling
5-10 with a program exempted under Subchapter C, Chapter 464, Health and
5-11 Safety Code; or
5-12 (6) a school counselor certified by the State Board
5-13 for Educator Certification [Central Education Agency].
5-14 SECTION 5. This Act takes effect September 1, 1997.
5-15 SECTION 6. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.