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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of substance abuse facilities and |
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programs for juveniles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 464.003, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 464.003. EXEMPTIONS. This subchapter does not apply |
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to: |
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(1) a facility maintained or operated by the federal |
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government; |
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(2) a facility directly operated by the state; |
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(3) a facility licensed by the department under |
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Chapter 241, 243, 248, 466, or 577; |
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(4) an educational program for intoxicated drivers; |
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(5) the individual office of a private, licensed |
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health care practitioner who personally renders private individual |
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or group services within the scope of the practitioner's license |
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and in the practitioner's office; |
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(6) an individual who personally provides counseling |
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or support services to a person with a chemical dependency but does |
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not offer or purport to offer a chemical dependency treatment |
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program; [or] |
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(7) a 12-step or similar self-help chemical dependency |
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recovery program: |
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(A) that does not offer or purport to offer a |
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chemical dependency treatment program; |
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(B) that does not charge program participants; |
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and |
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(C) in which program participants may maintain |
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anonymity; or |
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(8) a juvenile justice facility or juvenile justice |
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program, as defined by Section 261.405, Family Code. |
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SECTION 2. Section 221.002, Human Resources Code, is |
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amended by amending Subsection (a) and adding Subsection (f) to |
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read as follows: |
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(a) The board shall adopt reasonable rules that provide: |
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(1) minimum standards for personnel, staffing, case |
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loads, programs, facilities, record keeping, equipment, and other |
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aspects of the operation of a juvenile board that are necessary to |
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provide adequate and effective probation services; |
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(2) a code of ethics for probation and detention |
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officers and for the enforcement of that code; |
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(3) appropriate educational, preservice and |
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in-service training, and certification standards for probation and |
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detention officers or court-supervised community-based program |
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personnel; |
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(4) subject to Subsection (d), minimum standards for |
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public and private juvenile pre-adjudication secure detention |
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facilities, public juvenile post-adjudication secure correctional |
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facilities that are operated under the authority of a juvenile |
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board or governmental unit, private juvenile post-adjudication |
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secure correctional facilities operated under a contract with a |
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governmental unit, except those facilities exempt from |
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certification by Section 42.052(g), and nonsecure correctional |
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facilities operated by or under contract with a governmental unit; |
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[and] |
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(5) minimum standards for juvenile justice |
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alternative education programs created under Section 37.011, |
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Education Code, in collaboration and conjunction with the Texas |
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Education Agency, or its designee; and |
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(6) minimum standards for the operation of substance |
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abuse facilities or programs that are juvenile justice facilities |
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or juvenile justice programs, as defined by Section 261.405, Family |
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Code. |
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(f) A substance abuse facility or program operating under |
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the standards adopted under this section is not required to be |
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licensed or otherwise approved by any other state or local agency. |
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SECTION 3. (a) The change in law made by this Act to Section |
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464.003, Health and Safety Code, does not affect the validity of a |
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disciplinary action or other proceeding that was initiated before |
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the effective date of this Act and that is pending before a court or |
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other governmental entity on the effective date of this Act. |
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(b) The change in law made by this Act does not apply to an |
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offense committed under or a violation of Subchapter A, Chapter |
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464, Health and Safety Code, that occurred before the effective |
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date of this Act. An offense committed or a violation that occurred |
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before the effective date of this Act is governed by the law as it |
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existed on the date the offense was committed or the violation |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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or a violation occurred before the effective date of this Act if any |
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element of the offense or violation occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |