87R12412 MWC-D
By: Button H.B. No. 3728
A BILL TO BE ENTITLED
AN ACT
relating to a school psychologist licensed under the Occupations
Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.303(a), Education Code, is amended to
read as follows:
(a) The task force is composed of:
(1) the commissioner or the commissioner's designee;
(2) the following additional members appointed by the
commissioner:
(A) three parents of students who are enrolled in
school districts or open-enrollment charter schools and receive the
mental health services described by Section 38.302(1);
(B) one person who provides the mental health
services described by Section 38.302(1) or the training described
by Section 38.302(2) and who is:
(i) a licensed professional counselor, as
defined by Section 503.002, Occupations Code;
(ii) a licensed clinical social worker, as
defined by Section 505.002, Occupations Code; or
(iii) a school counselor certified under
Subchapter B, Chapter 21;
(C) one person who is a psychiatrist;
(D) two persons who are administrators of
districts or schools that provide the mental health services
described by Section 38.302(1) or the training described by Section
38.302(2);
(E) one person who is a member of a foundation
that invests in the mental health services described by Section
38.302(1) or the training described by Section 38.302(2);
(F) one person who is an employee of an
institution of higher education designated under Section 38.307;
and
(G) one person who is a [licensed specialist in]
school psychologist [psychology], as defined by Section 501.002,
Occupations Code; and
(3) for any other entity the task force considers
necessary, one person appointed by the task force for each such
entity.
SECTION 2. Section 48.1021(b), Education Code, is amended
to read as follows:
(b) The advisory committee consists of the following
members appointed by the commissioner:
(1) a parent of a student eligible to participate in a
school district's special education program under Section 29.003;
(2) a director of a school district's special
education program under Subchapter A, Chapter 29;
(3) a teacher certified in special education;
(4) a diagnostician;
(5) a [licensed specialist in] school psychologist, as
defined by Section 501.002, Occupations Code [psychology];
(6) a provider who provides related services, as
described by Section 29.002(2);
(7) a superintendent of a school district;
(8) a member of a school district's board of trustees;
(9) a representative of a disability advocacy
organization;
(10) a member of the special education continuing
advisory committee under Section 29.006;
(11) a teacher certified in general education;
(12) a student eligible to participate in a school
district's special education program under Section 29.003;
(13) a representative of a regional education service
center; and
(14) a school district official who handles business
and finance matters for the district.
SECTION 3. Section 531.02171(a), Government Code, is
amended to read as follows:
(a) In this section, "health professional" means an
individual who is:
(1) licensed, registered, certified, or otherwise
authorized by this state to practice as a social worker,
occupational therapist, or speech-language pathologist;
(2) a licensed professional counselor;
(3) a licensed marriage and family therapist; or
(4) a [licensed specialist in] school psychologist, as
defined by Section 501.002, Occupations Code [psychology].
SECTION 4. Section 501.002(2), Occupations Code, is amended
to read as follows:
(2) "School psychologist" ["Licensed specialist in
school psychology"] means a person who holds a license to engage in
the practice of psychology under Section 501.260.
SECTION 5. Section 501.051(a-1), Occupations Code, is
amended to read as follows:
(a-1) One of the members appointed under Subsection (a)(1)
or (a)(2) must practice as a [licensed specialist in] school
psychologist [psychology] under Section 501.260.
SECTION 6. The heading to Section 501.260, Occupations
Code, is amended to read as follows:
Sec. 501.260. [LICENSED SPECIALIST IN] SCHOOL PSYCHOLOGIST
[PSYCHOLOGY].
SECTION 7. Sections 501.260(a) and (c), Occupations Code,
are amended to read as follows:
(a) The executive council by rule shall issue a license to a
[licensed specialist in] school psychologist [psychology]. A
license issued under this section constitutes the appropriate
credential for a person who provides psychological services as
required by Section 21.003(b), Education Code.
(c) The rules of practice for a [licensed specialist in]
school psychologist [psychology] must comply with nationally
recognized standards for the practice of school psychology.
SECTION 8. This Act takes effect September 1, 2021.