82R7419 SLB-F
	By: Zaffirini	S.B. No. 1447

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of chemical dependency counselors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 467.004(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Except as provided by Section 467.0041(b) of this code
	and Section 504.058, Occupations Code, a licensing or disciplinary
	authority may add a surcharge of not more than $10 to its license or
	license renewal fee to fund an approved peer assistance program.
	The authority must adopt the surcharge in accordance with the
	procedure that the authority uses to initiate and adopt an increase
	in its license or license renewal fee.
	SECTION 2.  Subchapter B, Chapter 504, Occupations Code, is
	amended by adding Section 504.058 to read as follows:
	Sec. 504.058.  FUNDING FOR CHEMICAL DEPENDENCY COUNSELOR
	PROGRAMS. (a)  The executive commissioner shall add a surcharge of
	not more than $10 to the license or license renewal fee for a
	license under this chapter to fund approved peer assistance
	programs for chemical dependency counselors.
	(b)  The department may collect a fee of not more than $50
	each month from a participant in an approved peer assistance
	program. Fees collected under this subsection shall be remitted to
	the comptroller for deposit to the credit of the chemical
	dependency counselor account.  The chemical dependency counselor
	account is an account in the general revenue fund.
	(c)  Subject to the General Appropriations Act, the
	department may use the fees and surcharges collected under this
	section and deposited in the chemical dependency counselor account
	only to fund approved peer assistance programs and to pay the
	administrative costs incurred by the department that are related to
	the programs.
	SECTION 3.  Section 504.152, Occupations Code, is amended to
	read as follows:
	Sec. 504.152.  ELIGIBILITY REQUIREMENTS. (a) To be
	eligible for a license under this chapter, a person must:
	(1)  be at least 18 years of age;
	(2)  hold an associate degree or a more advanced
	degree;
	(3)  have completed:
	(A)  135 hours, or nine semester hours, specific
	to substance abuse disorders and treatment and an additional 135
	hours, or nine semester hours, specific or related to chemical
	dependency counseling;
	(B)  4,000 hours of approved supervised
	experience working with chemically dependent persons; and
	(C)  300 hours of approved supervised field work
	practicum;
	(4)  provide two letters of reference from chemical
	dependency counselors;
	(5)  pass a written examination approved by the
	department;
	(6)  submit a case presentation to the test
	administrator;
	(7)  [pass an oral examination approved by the
	department;
	[(8)]  be determined by the department to be worthy of
	the public trust and confidence;
	(8) [(9)]  successfully complete the chemical
	dependency counselor examination under Section 504.156;
	(9) [(10)]  sign a written agreement to comply with the
	standards of ethics approved by the department; and
	(10) [(11)]  provide to the department written
	assurance that the applicant has access to a peer assistance
	program.
	(b)  The department may waive the requirement under
	Subsection (a)(10) [(a)(11)] if the department determines that a
	peer assistance program is not reasonably available to the license
	holder.
	SECTION 4.  Sections 504.1525(a) and (b), Occupations Code,
	are amended to read as follows:
	(a)  Except as provided by Subsection (b), the department may
	not issue a license, registration, or certification under this
	chapter to an applicant who has been:
	(1)  convicted or placed on community supervision
	during the three [five] years preceding the date of application in
	any jurisdiction for an offense equal to a Class B misdemeanor
	specified by executive commissioner rule;
	(2)  convicted or placed on community supervision in
	any jurisdiction for an offense equal to or greater than a Class A
	misdemeanor specified by executive commissioner rule; or
	(3)  found to be incapacitated by a court on the basis
	of a mental defect or disease.
	(b)  The department may issue a license, registration, or
	certification to a person convicted or placed on community
	supervision in any jurisdiction for a drug or alcohol offense
	described by Subsection (a)(1) or (2) if the department determines
	that the applicant has successfully completed participation in an
	approved peer assistance program.
	SECTION 5.  (a)  The Department of State Health Services
	shall adopt rules to implement the changes in law made by this Act
	not later than December 1, 2011.
	(b)  Section 504.058, Occupations Code, as added by this Act,
	and Sections 504.152 and 504.1525, Occupations Code, as amended by
	this Act, apply only to an application for an original or renewal
	license, registration, or certification submitted to the
	Department of State Health Services on or after December 1, 2011. An
	application submitted before December 1, 2011, is governed by the
	law in effect on the date the application was submitted, and the
	former law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.