HBA-JRA, NMO H.B. 3606 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3606
By: Salinas
Public Health
7/26/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the law prohibited the Texas Commission on
Alcohol and Drug Abuse (commission) from granting a facility treatment
license to an alternative education program administered by a school.  This
prohibition provided an obstacle to schools seeking to provide drug abuse
counseling for students assigned to alternative education programs.  H.B.
3606 provides that an alternative education program that provides chemical
dependency treatment services must be licensed by the commission. This bill
also requires a school district with an alternative education program to
employ a mental health professional. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.008(k), Education Code, to provide that an
alternative education program that provides chemical dependency treatment
services must be licensed under Chapter 464 (Facilities Treating Alcoholics
and Drug-Dependent Persons), Health and Safety Code. 

SECTION 2.  Amends Subchapter A, Chapter 464, Health and Safety Code, by
adding Section 464.020, as follows: 

Sec. 464.020.  ADDITIONAL REQUIREMENTS FOR ALTERNATIVE EDUCATION TREATMENT
PROGRAMS. (a) Authorizes an alternative education program to apply for a
license under this chapter to offer chemical dependency treatment services. 

(b) Requires the board of trustees of a school district with an alternative
education program (board), or the board's designee, to employ a mental
health professional to provide the services authorized by a license issued
under this chapter to the alternative education program.   

(c) Prohibits the Texas Commission on Alcohol and Drug Abuse from issuing a
license that authorizes an alternative education program to provide
detoxification or residential services. 

(d) Authorizes the board, or the board's designee to contract with a
private treatment facility or a person employed by or under contract with a
private treatment facility to provide chemical dependency treatment
services.  Prohibits the contract from permitting the services to be
provided at a site that offers detoxification or residential services.
Provides that Section 164.006 (Soliciting and Contracting With Certain
Referral Sources), Health and Safety Code applies to a contract made under
this section.   

SECTION 3.  Amends Section 164.006, Health and Safety Code, to make a
conforming change.   

SECTION 4.  Makes application of this Act effective beginning with the
1999-2000 school year. 

 SECTION 5.Emergency clause.
  Effective date: upon passage.