H.B. 1321 78(R)    BILL ANALYSIS


H.B. 1321
By: Naishtat
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The 73rd Legislature created the Treatment Facilities Marketing Practices
Act, Chapter 164, Health and Safety Code, to protect the public against
fraud, deceit and misleading marketing practices by mental health and
chemical dependency treatment providers.  The Treatment Facilities
Marketing Practices Act of 1993 prohibited licensed chemical dependency or
mental health treatment facilities from contracting with a school district
to provide treatment services in schools.  However, facilities operated by
the Texas Department of Mental Health and Mental Retardation, community
MHMR centers, or family violence organizations were exempted.  

HB 1321 would exempt treatment facilities funded by the Texas Commission
on Alcohol and Drug Abuse (TCADA) from the Treatment Facilities Marketing
Practices Act of 1993.  By allowing services to be provided by TCADA
funded facilities, there would be a greater opportunity to intervene on
behalf of youth prior to them entering into the juvenile justice system.
This would increase access to available resources without compromising the
safeguards put in place in 1993.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

Section 1 :  Adds Section 164.004(1)(B), to the Health and Safety Code,
which exempts treatment facilities funded by the Texas Commission on
Alcohol and Drug Abuse. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.