85R27372 LHC-D
 
  By: Moody, Wu H.B. No. 3164
 
  Substitute the following for H.B. No. 3164:
 
  By:  Frank C.S.H.B. No. 3164
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of substance abuse facilities and
  programs for juveniles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         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.
         SECTION 3.  (a) The change in law made by this Act to Section
  464.003, Health and Safety Code, does not affect the validity of a
  disciplinary action or other proceeding that was initiated before
  the effective date of this Act and that is pending before a court or
  other governmental entity on the effective date of this Act.
         (b)  The change in law made by this Act does not apply to an
  offense committed under or a violation of Subchapter A, Chapter
  464, Health and Safety Code, that occurred before the effective
  date of this Act. An offense committed or a violation that occurred
  before the effective date of this Act is governed by the law as it
  existed on the date the offense was committed or the violation
  occurred, and the former law is continued in effect for that
  purpose. For purposes of this subsection, an offense was committed
  or a violation occurred before the effective date of this Act if any
  element of the offense or violation occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2017.