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A BILL TO BE ENTITLED
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AN ACT
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relating to a license requirement for licensed professional |
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counselors employed by school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 21.002, Education Code, |
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is amended to read as follows: |
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(a) A school district shall employ each classroom teacher, |
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principal, librarian, nurse, or school counselor under: |
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(1) a probationary contract, as provided by Subchapter |
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C; |
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(2) a continuing contract, as provided by Subchapter |
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D; or |
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(3) a term contract, as provided by Subchapter E. |
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SECTION 2. Section 21.003, Education Code, is amended to |
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read as follows: |
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Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not |
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be employed as a teacher, teacher intern or teacher trainee, |
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librarian, educational aide, administrator, educational |
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diagnostician, or school counselor by a school district unless the |
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person holds an appropriate certificate or permit issued as |
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provided by Subchapter B. |
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(b) Except as otherwise provided by this subsection, a |
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person may not be employed by a school district as an audiologist, |
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occupational therapist, physical therapist, physician, nurse, |
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school psychologist, associate school psychologist, licensed |
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professional counselor, marriage and family therapist, social |
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worker, or speech language pathologist unless the person is |
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licensed by the state agency that licenses that profession and may |
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perform specific services within those professions for a school |
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district only if the person holds the appropriate credential from |
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the appropriate state agency. As long as a person employed by a |
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district before September 1, 2011, to perform marriage and family |
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therapy, as defined by Section 502.002, Occupations Code, is |
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employed by the same district, the person is not required to hold a |
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license as a marriage and family therapist to perform marriage and |
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family therapy with that district. |
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SECTION 3. Section 503.051, Occupations Code, is amended to |
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read as follows: |
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Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL |
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INSTITUTION. This chapter does not apply to an activity, service, |
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or use of an official title by a person employed as a counselor by a |
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federal, state, county, or municipal agency or, except as provided |
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by Section 21.003(b), Education Code, by a public or private |
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educational institution if the person is performing counseling or |
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counseling-related activities within the scope of the person's |
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employment. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |