HBA-NMO H.B. 3606 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3606
By: Salinas
Public Health
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits the Texas Commission on Alcohol and Drug Abuse
(commission) from granting a facility treatment license to an alternative
education program administered by a school. This prohibition provides an
obstacle to schools seeking to provide drug abuse counseling for students
assigned to alternative education programs.  H.B. 3606 requires the
commission to grant individual Alternative Education Programs governed by
Texas public school districts a facility treatment license provided the
applying program meets facility treatment licensing requirements as
prescribed by the commission.  This bill also authorizes a school district
to employ certain chemical dependency counselors or mental health
professionals. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION  1.  Amends Section 164.006(2), Health and Safety Code, by adding
Paragraphs (C) and (D), as follows: 

(C)  Requires the Texas Commission on Alcohol and Drug Abuse (commission)
to grant individual Alternative Education Programs (programs) governed by
Texas public school districts a facility treatment license provided the
applying program meets facility treatment licensing requirements as
prescribed by the commission.  Requires each program to comply with such
prescribed requirements.  Defines "Alternative Education Program." 

(D)(1) Prohibits a licensed program from contracting or assigning in part
or whole any portion of chemical dependency or mental health treatment to
mental health provider groups. Authorizes the school district to employ
individual licensed chemical dependency counselors or qualified
credentialed mental health professionals to execute the regulatory mandates
as set forth in the chemical dependency treatment facility licensing rules
of the commission. 

(2) Prohibits a licensed program from applying for a treatment facility
license from the commission that allows or requires detoxification or
residential dependency treatment. 

(3) Prohibits a licensed program from employing or entering into an
employment contract with a mental health professional or licensed chemical
dependency counselor who is employed by or under contract with a private
drug treatment or mental health facility. 

SECTION 2.  Makes application of this Act effective beginning with the
1999-2000 school year. 

SECTION 3.Emergency clause.
  Effective date: upon passage.