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.