By: Van de Putte S.B. No. 1349
(In the Senate - Filed March 9, 2011; March 22, 2011, read
first time and referred to Committee on Education; April 6, 2011,
reported favorably by the following vote: Yeas 8, Nays 0;
April 6, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that a person hold a license issued by the
appropriate state agency to be employed as a marriage and family
therapist by a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 21.003, Education Code,
is amended to read as follows:
(b) Except as otherwise provided by this subsection, a [A]
person may not be employed by a school district as an audiologist,
occupational therapist, physical therapist, physician, nurse,
school psychologist, associate school psychologist, marriage and
family therapist, social worker, or speech language pathologist
unless the person is licensed by the state agency that licenses that
profession and[. A person] may perform specific services within
those professions for a school district only if the person holds the
appropriate credential from the appropriate state agency. As long
as a person employed by a district before September 1, 2011, to
perform marriage and family therapy services is employed by the
same district, the person is not required to hold a license as a
marriage and family therapist to perform marriage and family
therapy services with that district.
SECTION 2. Section 502.004, Occupations Code, is amended to
read as follows:
Sec. 502.004. APPLICATION OF CHAPTER. This chapter does
not apply to:
(1) the activities, within the scope of a person's
employment, of a person employed to perform marriage and family
therapy by a federal, state, county, or municipal agency or, except
as provided by Section 21.003(b), Education Code, by a public or
private educational institution[, if the activities are within the
scope of the person's employment];
(2) the activities of a student, intern, or trainee in
marriage and family therapy in a recognized course of study in
marriage and family therapy at an accredited institution of higher
education or other training institution, if:
(A) the activities constitute a part of the
course of study; and
(B) the person is called a "marriage and family
therapist intern" or similar title;
(3) the activities and services of a person licensed
to practice another profession, including a physician, attorney,
registered nurse, occupational therapist, psychologist, social
worker, or licensed professional counselor; or
(4) the activities and services of a recognized
religious practitioner, including a pastoral counselor or
Christian Science practitioner recognized by the Church of Christ
Scientist as registered and published in the Christian Science
Journal, if the practitioner practices marriage and family therapy
in a manner consistent with the laws of this state.
SECTION 3. As soon as practicable after the effective date
of this Act, the State Board for Educator Certification shall
propose rules for the administration of Subsection (b), Section
21.003, Education Code, as amended by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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