| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the regulation of substance abuse facilities and |
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| 8 | 6 | | programs for juveniles. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Section 464.003, Health and Safety Code, is |
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| 11 | 9 | | amended to read as follows: |
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| 12 | 10 | | Sec. 464.003. EXEMPTIONS. This subchapter does not apply |
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| 13 | 11 | | to: |
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| 14 | 12 | | (1) a facility maintained or operated by the federal |
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| 15 | 13 | | government; |
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| 16 | 14 | | (2) a facility directly operated by the state; |
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| 17 | 15 | | (3) a facility licensed by the department under |
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| 18 | 16 | | Chapter 241, 243, 248, 466, or 577; |
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| 19 | 17 | | (4) an educational program for intoxicated drivers; |
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| 20 | 18 | | (5) the individual office of a private, licensed |
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| 21 | 19 | | health care practitioner who personally renders private individual |
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| 22 | 20 | | or group services within the scope of the practitioner's license |
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| 23 | 21 | | and in the practitioner's office; |
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| 24 | 22 | | (6) an individual who personally provides counseling |
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| 25 | 23 | | or support services to a person with a chemical dependency but does |
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| 26 | 24 | | not offer or purport to offer a chemical dependency treatment |
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| 27 | 25 | | program; [or] |
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| 28 | 26 | | (7) a 12-step or similar self-help chemical dependency |
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| 29 | 27 | | recovery program: |
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| 30 | 28 | | (A) that does not offer or purport to offer a |
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| 31 | 29 | | chemical dependency treatment program; |
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| 32 | 30 | | (B) that does not charge program participants; |
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| 33 | 31 | | and |
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| 34 | 32 | | (C) in which program participants may maintain |
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| 35 | 33 | | anonymity; or |
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| 36 | 34 | | (8) a juvenile justice facility or juvenile justice |
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| 37 | 35 | | program, as defined by Section 261.405, Family Code. |
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| 38 | 36 | | SECTION 2. Section 221.002, Human Resources Code, is |
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| 39 | 37 | | amended by amending Subsection (a) and adding Subsection (f) to |
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| 40 | 38 | | read as follows: |
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| 41 | 39 | | (a) The board shall adopt reasonable rules that provide: |
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| 42 | 40 | | (1) minimum standards for personnel, staffing, case |
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| 43 | 41 | | loads, programs, facilities, record keeping, equipment, and other |
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| 44 | 42 | | aspects of the operation of a juvenile board that are necessary to |
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| 45 | 43 | | provide adequate and effective probation services; |
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| 46 | 44 | | (2) a code of ethics for probation and detention |
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| 47 | 45 | | officers and for the enforcement of that code; |
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| 48 | 46 | | (3) appropriate educational, preservice and |
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| 49 | 47 | | in-service training, and certification standards for probation and |
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| 50 | 48 | | detention officers or court-supervised community-based program |
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| 51 | 49 | | personnel; |
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| 52 | 50 | | (4) subject to Subsection (d), minimum standards for |
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| 53 | 51 | | public and private juvenile pre-adjudication secure detention |
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| 54 | 52 | | facilities, public juvenile post-adjudication secure correctional |
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| 55 | 53 | | facilities that are operated under the authority of a juvenile |
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| 56 | 54 | | board or governmental unit, private juvenile post-adjudication |
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| 57 | 55 | | secure correctional facilities operated under a contract with a |
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| 58 | 56 | | governmental unit, except those facilities exempt from |
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| 59 | 57 | | certification by Section 42.052(g), and nonsecure correctional |
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| 60 | 58 | | facilities operated by or under contract with a governmental unit; |
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| 61 | 59 | | [and] |
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| 62 | 60 | | (5) minimum standards for juvenile justice |
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| 63 | 61 | | alternative education programs created under Section 37.011, |
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| 64 | 62 | | Education Code, in collaboration and conjunction with the Texas |
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| 65 | 63 | | Education Agency, or its designee; and |
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| 66 | 64 | | (6) minimum standards for the operation of substance |
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| 67 | 65 | | abuse facilities or programs that are juvenile justice facilities |
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| 68 | 66 | | or juvenile justice programs, as defined by Section 261.405, Family |
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| 69 | 67 | | Code. |
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| 70 | 68 | | (f) A substance abuse facility or program operating under |
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| 71 | 69 | | the standards adopted under this section is not required to be |
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| 72 | 70 | | licensed or otherwise approved by any other state or local agency. |
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| 73 | 71 | | SECTION 3. (a) The change in law made by this Act to |
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| 74 | 72 | | Section 464.003, Health and Safety Code, does not affect the |
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| 75 | 73 | | validity of a disciplinary action or other proceeding that was |
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| 76 | 74 | | initiated before the effective date of this Act and that is pending |
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| 77 | 75 | | before a court or other governmental entity on the effective date of |
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| 78 | 76 | | this Act. |
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| 79 | 77 | | (b) The change in law made by this Act does not apply to an |
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| 80 | 78 | | offense committed under or a violation of Subchapter A, Chapter |
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| 81 | 79 | | 464, Health and Safety Code, that occurred before the effective |
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| 82 | 80 | | date of this Act. An offense committed or a violation that occurred |
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| 83 | 81 | | before the effective date of this Act is governed by the law as it |
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| 84 | 82 | | existed on the date the offense was committed or the violation |
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| 85 | 83 | | occurred, and the former law is continued in effect for that |
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| 86 | 84 | | purpose. For purposes of this subsection, an offense was committed |
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| 87 | 85 | | or a violation occurred before the effective date of this Act if any |
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| 88 | 86 | | element of the offense or violation occurred before that date. |
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| 89 | 87 | | SECTION 4. This Act takes effect September 1, 2017. |
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