83R10091 EAH-D
By: McClendon H.B. No. 3635
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of a licensed psychologist or
professional counselor to a public school campus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.907 to read as follows:
Sec. 33.907. LICENSED PSYCHOLOGIST OR PROFESSIONAL
COUNSELOR. (a) A school district shall assign a full-time
psychologist licensed under Chapter 501, Occupations Code, or
full-time professional counselor licensed under Chapter 503,
Occupations Code, at each campus in the district.
(b) The primary responsibility of a psychologist or
professional counselor assigned under this section is to assist
students in confidential counseling matters.
(c) A psychologist or professional counselor assigned under
this section may not consult with a student without the permission
of the student's parent or guardian unless:
(1) the safety of the student is at issue;
(2) the student is at risk of being involved in
domestic violence; or
(3) a court order allows or requires the consultation
without the permission.
SECTION 2. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.25191 to read as follows:
Sec. 42.25191. ADDITIONAL STATE AID FOR LICENSED
PSYCHOLOGISTS OR PROFESSIONAL COUNSELORS. (a) For each school
year, from funds that may be used for the purpose, a school district
is entitled to state aid in an amount, as determined by the
commissioner, sufficient to assist the district in employing the
number of licensed psychologists or professional counselors
required by Section 33.907.
(b) The amount of state aid to which a school district is
entitled under this section is in addition to the amount of revenue
to which the district is entitled under Section 42.2516(b). This
subsection expires September 1, 2017.
(c) The commissioner shall adopt rules as necessary to
administer this section.
SECTION 3. Section 466.408(b), Government Code, is amended
to read as follows:
(b) If a claim is not made for prize money on or before the
180th day after the date on which the winner was selected, the prize
money shall be used in the following order of priority:
(1) subject to legislative appropriation, not more
than $20 million in prize money each year may be deposited to or
appropriated from the [Texas] Department of State Health Services
state-owned multicategorical teaching hospital account, which is
an account in the general revenue fund;
(2) not more than $5 million in prize money each year
may be appropriated to the Health and Human Services Commission and
shall be used to support the provision of inpatient hospital
services in hospitals located in the 15 counties that comprise the
Texas-Mexico border area, with payment for those services to be not
less than the amount established under the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) cost reimbursement methodology
for the hospital providing the services;
(3) not more than [the remaining amount, not to
exceed] $5 million in prize money in each state fiscal year less any
amount deposited in the fund in that year attributable to the
lottery game operated under Section 466.027, shall be deposited to
the fund for veterans' assistance; [and]
(4) subject to legislative appropriation, the amount
determined by the legislature of prize money in each state fiscal
year may be appropriated to the Texas Education Agency for purposes
of providing additional state aid to school districts for
employment of licensed psychologists and professional counselors
as provided by Section 42.25191, Education Code; and
(5) all prize money subject to this section and not
appropriated or deposited as provided by Subdivision (1), (2), (3),
or (4) [from the Texas Department of Health state-owned
multicategorical teaching hospital account, not appropriated to
the Health and Human Services Commission for the purpose specified
in Subdivision (2), and not deposited under Subdivision (3),] shall
be deposited in the general revenue fund and may be appropriated for
any purpose as determined by the legislature, including the
provision of indigent health care services as specified in Chapter
61, Health and Safety Code.
SECTION 4. The change in law made by this Act to Section
466.408(b), Government Code, applies only to a prize for which the
winner is selected on or after September 1, 2013. A prize for which
the winner was selected before September 1, 2013, is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 5. This Act applies beginning with the 2013-2014
school year.
SECTION 6. 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, 2013.