83R10091 EAH-D

By: McClendon H.B. No. 3635

A BILL TO BE ENTITLED

AN ACT

relating to the assignment of a licensed psychologist or professional counselor to a public school campus.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 33, Education Code, is amended by adding Section 33.907 to read as follows:

Sec. 33.907. LICENSED PSYCHOLOGIST OR PROFESSIONAL COUNSELOR. (a) A school district shall assign a full-time psychologist licensed under Chapter 501, Occupations Code, or full-time professional counselor licensed under Chapter 503, Occupations Code, at each campus in the district.

(b) The primary responsibility of a psychologist or professional counselor assigned under this section is to assist students in confidential counseling matters.

(c) A psychologist or professional counselor assigned under this section may not consult with a student without the permission of the student's parent or guardian unless:

(1) the safety of the student is at issue;

(2) the student is at risk of being involved in domestic violence; or

(3) a court order allows or requires the consultation without the permission.

SECTION 2. Subchapter E, Chapter 42, Education Code, is amended by adding Section 42.25191 to read as follows:

Sec. 42.25191. ADDITIONAL STATE AID FOR LICENSED PSYCHOLOGISTS OR PROFESSIONAL COUNSELORS. (a) For each school year, from funds that may be used for the purpose, a school district is entitled to state aid in an amount, as determined by the commissioner, sufficient to assist the district in employing the number of licensed psychologists or professional counselors required by Section 33.907.

(b) The amount of state aid to which a school district is entitled under this section is in addition to the amount of revenue to which the district is entitled under Section 42.2516(b). This subsection expires September 1, 2017.

(c) The commissioner shall adopt rules as necessary to administer this section.

SECTION 3. Section 466.408(b), Government Code, is amended to read as follows:

(b) If a claim is not made for prize money on or before the 180th day after the date on which the winner was selected, the prize money shall be used in the following order of priority:

(1) subject to legislative appropriation, not more than $20 million in prize money each year may be deposited to or appropriated from the [Texas] Department of State Health Services state-owned multicategorical teaching hospital account, which is an account in the general revenue fund;

(2) not more than $5 million in prize money each year may be appropriated to the Health and Human Services Commission and shall be used to support the provision of inpatient hospital services in hospitals located in the 15 counties that comprise the Texas-Mexico border area, with payment for those services to be not less than the amount established under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost reimbursement methodology for the hospital providing the services;

(3) not more than [the remaining amount, not to exceed] $5 million in prize money in each state fiscal year less any amount deposited in the fund in that year attributable to the lottery game operated under Section 466.027, shall be deposited to the fund for veterans' assistance; [and]

(4) subject to legislative appropriation, the amount determined by the legislature of prize money in each state fiscal year may be appropriated to the Texas Education Agency for purposes of providing additional state aid to school districts for employment of licensed psychologists and professional counselors as provided by Section 42.25191, Education Code; and

(5) all prize money subject to this section and not appropriated or deposited as provided by Subdivision (1), (2), (3), or (4) [from the Texas Department of Health state-owned multicategorical teaching hospital account, not appropriated to the Health and Human Services Commission for the purpose specified in Subdivision (2), and not deposited under Subdivision (3),] shall be deposited in the general revenue fund and may be appropriated for any purpose as determined by the legislature, including the provision of indigent health care services as specified in Chapter 61, Health and Safety Code.

SECTION 4. The change in law made by this Act to Section 466.408(b), Government Code, applies only to a prize for which the winner is selected on or after September 1, 2013. A prize for which the winner was selected before September 1, 2013, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 5. This Act applies beginning with the 2013-2014 school year.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.