SRC-AMY S.B. 333 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 333
78R3856 YDB-DBy: Zaffirini
Health & Human Services
2/21/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law sets the educational requirement to become a Licensed
Chemical Dependency Counselor (LCDC) at a high school degree, or its
equivalent, and there is little structure governing the registration of
interns. Strengthened licensure requirements and rules governing interns
will allow Texas to benefit from substance abuse counselors who are highly
trained.  As proposed, S.B. 333 increases the educational requirements for
licensure as an LCDC by requiring an associate degree and course work that
pertains to substance abuse. S.B. 333 also eliminates the requirement for
a field work praticum and grants the Texas Commission on Alcohol and Drug
Abuse authority over registering interns.  The new requirements only apply
to new applicants. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Alcohol and Drug Abuse in SECTION 1 (Section 504.057, Occupations Code) of
this bill. Rulemaking authority previously granted to the Texas Commission
on Alcohol and Drug Abuse is modified in SECTION 1  (Section 504.057,
Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 504.057, Occupations Code, as follows:

Sec. 504.057.  New heading: COUNSELOR INTERNS. Requires the Texas
Commission on Alcohol and Drug Abuse (TCADA) to adopt rules governing
registration eligibility requirements for counselor interns. 

(b) Authorizes TCADA to obtain criminal history information relating to a
counselor intern or an applicant to be a counselor intern from the
Department of Public Safety and the Federal Bureau of Investigation.
Deletes text specifying to whom this section previously applied. 

(c) Redesignates Subsection (b) as Subsection (c). Makes a conforming
change. 

SECTION 2.  Amends Section 504.152, Occupations Code, to increase the
licensing requirements from a high school diploma or equivalent to an
associate or more advanced degree and to specify the completion of a
commission-approved course load that relates to chemical dependency,
rather than a specific number of approved hours. Deletes the requirement
for 300 hours of supervised field work. 

SECTION 3.  Amends Section 504.153(a), Occupations Code, to include in the
criteria for exemption from the requirement to have a commission approved
courseload, a degree beyond a baccalaureate degree. Makes nonsubstantive
and conforming changes.  

SECTION 4.  Requires TCADA to establish and adopt rules called for in this
Act not later than March 1, 2004. 

 SECTION 5.  (a)  Authorizes a chemical dependency counselor licensed
before this Act's effective date to renew that license without complying
with the changes made by this Act. 

(b) Provides that the changes in this Act only apply to an initial license
application, except as provided by Subsection (c) of this section.
Continues the effectiveness of previously existing law for license
applications made before this Act's effective date. 

(c) Makes application of this Act prospective.

SECTION 6. Effective date: September 1, 2004.
           Effective date, SECTIONS 1 and 4: September 1, 2003.