No
equivalent provision.
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SECTION 1. Section 464.003,
Health and Safety Code, is amended to read as follows:
Sec. 464.003. EXEMPTIONS.
This subchapter does not apply to:
(1) a facility maintained or
operated by the federal government;
(2) a facility directly
operated by the state;
(3) a facility licensed by
the department under Chapter 241, 243, 248, 466, or 577;
(4) an educational program
for intoxicated drivers;
(5) the individual office of
a private, licensed health care practitioner who personally renders private
individual or group services within the scope of the practitioner's license
and in the practitioner's office;
(6) an individual who
personally provides counseling or support services to a person with a
chemical dependency but does not offer or purport to offer a chemical
dependency treatment program; [or]
(7) a 12-step or similar
self-help chemical dependency recovery program:
(A) that does not offer or
purport to offer a chemical dependency treatment program;
(B) that does not charge
program participants; and
(C) in which program
participants may maintain anonymity; or
(8) a juvenile justice
facility or juvenile justice program, as defined by Section 261.405, Family
Code.
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SECTION 1. Section 221.002,
Human Resources Code, is amended by amending Subsection (a) and adding
Subsection (f) to read as follows:
(a) The board shall adopt
reasonable rules that provide:
(1) minimum standards for
personnel, staffing, case loads, programs, facilities, record keeping,
equipment, and other aspects of the operation of a juvenile board that are
necessary to provide adequate and effective probation services;
(2) a code of ethics for
probation and detention officers and for the enforcement of that code;
(3) appropriate educational,
preservice and in-service training, and certification standards for
probation and detention officers or court-supervised community-based
program personnel;
(4) subject to Subsection
(d), minimum standards for public and private juvenile pre-adjudication
secure detention facilities, public juvenile post-adjudication secure
correctional facilities that are operated under the authority of a juvenile
board or governmental unit, private juvenile post-adjudication secure
correctional facilities operated under a contract with a governmental unit,
except those facilities exempt from certification by Section 42.052(g), and
nonsecure correctional facilities operated by or under contract with a
governmental unit; [and]
(5) minimum standards for
juvenile justice alternative education programs created under Section
37.011, Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee; and
(6) minimum standards for
the operation of substance abuse facilities or programs by juvenile probation departments.
(f) A substance abuse
facility or program operating under the standards adopted under this
section is not required to be licensed or otherwise approved by any other
state or local agency.
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SECTION 2. Section 221.002,
Human Resources Code, is amended by amending Subsection (a) and adding
Subsection (f) to read as follows:
(a) The board shall adopt
reasonable rules that provide:
(1) minimum standards for
personnel, staffing, case loads, programs, facilities, record keeping,
equipment, and other aspects of the operation of a juvenile board that are
necessary to provide adequate and effective probation services;
(2) a code of ethics for
probation and detention officers and for the enforcement of that code;
(3) appropriate educational,
preservice and in-service training, and certification standards for
probation and detention officers or court-supervised community-based
program personnel;
(4) subject to Subsection
(d), minimum standards for public and private juvenile pre-adjudication
secure detention facilities, public juvenile post-adjudication secure
correctional facilities that are operated under the authority of a juvenile
board or governmental unit, private juvenile post-adjudication secure
correctional facilities operated under a contract with a governmental unit,
except those facilities exempt from certification by Section 42.052(g), and
nonsecure correctional facilities operated by or under contract with a
governmental unit; [and]
(5) minimum standards for
juvenile justice alternative education programs created under Section
37.011, Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee; and
(6) minimum standards for
the operation of substance abuse facilities or programs that are juvenile justice facilities or
juvenile justice programs, as defined by Section 261.405, Family Code.
(f) A substance abuse
facility or program operating under the standards adopted under this
section is not required to be licensed or otherwise approved by any other
state or local agency.
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