Texas 2017 - 85th Regular

Texas House Bill HB3164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R27372 LHC-D
2	2	By: Moody, Wu H.B. No. 3164
3	3	Substitute the following for H.B. No. 3164:
4	4	By: Frank C.S.H.B. No. 3164
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of substance abuse facilities and
10	10	programs for juveniles.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 464.003, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 464.003. EXEMPTIONS. This subchapter does not apply
15	15	to:
16	16	(1) a facility maintained or operated by the federal
17	17	government;
18	18	(2) a facility directly operated by the state;
19	19	(3) a facility licensed by the department under
20	20	Chapter 241, 243, 248, 466, or 577;
21	21	(4) an educational program for intoxicated drivers;
22	22	(5) the individual office of a private, licensed
23	23	health care practitioner who personally renders private individual
24	24	or group services within the scope of the practitioner's license
25	25	and in the practitioner's office;
26	26	(6) an individual who personally provides counseling
27	27	or support services to a person with a chemical dependency but does
28	28	not offer or purport to offer a chemical dependency treatment
29	29	program; [or]
30	30	(7) a 12-step or similar self-help chemical dependency
31	31	recovery program:
32	32	(A) that does not offer or purport to offer a
33	33	chemical dependency treatment program;
34	34	(B) that does not charge program participants;
35	35	and
36	36	(C) in which program participants may maintain
37	37	anonymity; or
38	38	(8) a juvenile justice facility or juvenile justice
39	39	program, as defined by Section 261.405, Family Code.
40	40	SECTION 2. Section 221.002, Human Resources Code, is
41	41	amended by amending Subsection (a) and adding Subsection (f) to
42	42	read as follows:
43	43	(a) The board shall adopt reasonable rules that provide:
44	44	(1) minimum standards for personnel, staffing, case
45	45	loads, programs, facilities, record keeping, equipment, and other
46	46	aspects of the operation of a juvenile board that are necessary to
47	47	provide adequate and effective probation services;
48	48	(2) a code of ethics for probation and detention
49	49	officers and for the enforcement of that code;
50	50	(3) appropriate educational, preservice and
51	51	in-service training, and certification standards for probation and
52	52	detention officers or court-supervised community-based program
53	53	personnel;
54	54	(4) subject to Subsection (d), minimum standards for
55	55	public and private juvenile pre-adjudication secure detention
56	56	facilities, public juvenile post-adjudication secure correctional
57	57	facilities that are operated under the authority of a juvenile
58	58	board or governmental unit, private juvenile post-adjudication
59	59	secure correctional facilities operated under a contract with a
60	60	governmental unit, except those facilities exempt from
61	61	certification by Section 42.052(g), and nonsecure correctional
62	62	facilities operated by or under contract with a governmental unit;
63	63	[and]
64	64	(5) minimum standards for juvenile justice
65	65	alternative education programs created under Section 37.011,
66	66	Education Code, in collaboration and conjunction with the Texas
67	67	Education Agency, or its designee; and
68	68	(6) minimum standards for the operation of substance
69	69	abuse facilities or programs that are juvenile justice facilities
70	70	or juvenile justice programs, as defined by Section 261.405, Family
71	71	Code.
72	72	(f) A substance abuse facility or program operating under
73	73	the standards adopted under this section is not required to be
74	74	licensed or otherwise approved by any other state or local agency.
75	75	SECTION 3. (a) The change in law made by this Act to Section
76	76	464.003, Health and Safety Code, does not affect the validity of a
77	77	disciplinary action or other proceeding that was initiated before
78	78	the effective date of this Act and that is pending before a court or
79	79	other governmental entity on the effective date of this Act.
80	80	(b) The change in law made by this Act does not apply to an
81	81	offense committed under or a violation of Subchapter A, Chapter
82	82	464, Health and Safety Code, that occurred before the effective
83	83	date of this Act. An offense committed or a violation that occurred
84	84	before the effective date of this Act is governed by the law as it
85	85	existed on the date the offense was committed or the violation
86	86	occurred, and the former law is continued in effect for that
87	87	purpose. For purposes of this subsection, an offense was committed
88	88	or a violation occurred before the effective date of this Act if any
89	89	element of the offense or violation occurred before that date.
90	90	SECTION 4. This Act takes effect September 1, 2017.