Texas 2011 - 82nd Regular

Texas Senate Bill SB1349 Compare Versions

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1	1	By: Van de Putte S.B. No. 1349
2	2	(In the Senate - Filed March 9, 2011; March 22, 2011, read
3	3	first time and referred to Committee on Education; April 6, 2011,
4	4	reported favorably by the following vote: Yeas 8, Nays 0;
5	5	April 6, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to a requirement that a person hold a license issued by the
11	11	appropriate state agency to be employed as a marriage and family
12	12	therapist by a school district.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subsection (b), Section 21.003, Education Code,
15	15	is amended to read as follows:
16	16	(b) Except as otherwise provided by this subsection, a [A]
17	17	person may not be employed by a school district as an audiologist,
18	18	occupational therapist, physical therapist, physician, nurse,
19	19	school psychologist, associate school psychologist, marriage and
20	20	family therapist, social worker, or speech language pathologist
21	21	unless the person is licensed by the state agency that licenses that
22	22	profession and[. A person] may perform specific services within
23	23	those professions for a school district only if the person holds the
24	24	appropriate credential from the appropriate state agency. As long
25	25	as a person employed by a district before September 1, 2011, to
26	26	perform marriage and family therapy services is employed by the
27	27	same district, the person is not required to hold a license as a
28	28	marriage and family therapist to perform marriage and family
29	29	therapy services with that district.
30	30	SECTION 2. Section 502.004, Occupations Code, is amended to
31	31	read as follows:
32	32	Sec. 502.004. APPLICATION OF CHAPTER. This chapter does
33	33	not apply to:
34	34	(1) the activities, within the scope of a person's
35	35	employment, of a person employed to perform marriage and family
36	36	therapy by a federal, state, county, or municipal agency or, except
37	37	as provided by Section 21.003(b), Education Code, by a public or
38	38	private educational institution[, if the activities are within the
39	39	scope of the person's employment];
40	40	(2) the activities of a student, intern, or trainee in
41	41	marriage and family therapy in a recognized course of study in
42	42	marriage and family therapy at an accredited institution of higher
43	43	education or other training institution, if:
44	44	(A) the activities constitute a part of the
45	45	course of study; and
46	46	(B) the person is called a "marriage and family
47	47	therapist intern" or similar title;
48	48	(3) the activities and services of a person licensed
49	49	to practice another profession, including a physician, attorney,
50	50	registered nurse, occupational therapist, psychologist, social
51	51	worker, or licensed professional counselor; or
52	52	(4) the activities and services of a recognized
53	53	religious practitioner, including a pastoral counselor or
54	54	Christian Science practitioner recognized by the Church of Christ
55	55	Scientist as registered and published in the Christian Science
56	56	Journal, if the practitioner practices marriage and family therapy
57	57	in a manner consistent with the laws of this state.
58	58	SECTION 3. As soon as practicable after the effective date
59	59	of this Act, the State Board for Educator Certification shall
60	60	propose rules for the administration of Subsection (b), Section
61	61	21.003, Education Code, as amended by this Act.
62	62	SECTION 4. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2011.
67	67	* * * * *