79R7529 BDH-D

By:  Campbell                                                     H.B. No. 1805


A BILL TO BE ENTITLED
AN ACT
relating to the provision of alcohol and substance abuse programs by school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.020 to read as follows: Sec. 38.020. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS. (a) A school district may provide an alcohol and substance abuse program on one or more campuses in the district. (b) A program provided under this section may: (1) assist students who are or are becoming alcohol or substance abusers; and (2) include the participation of a school counselor and the employment of a mental health professional, as defined by Section 164.003, Health and Safety Code. (c) A program provided under this section must include procedures for the referral of a student to a treatment facility, as defined by Section 464.001, Health and Safety Code, as considered appropriate by the program administrators. (d) A program provided under this section may not provide detoxification or residential services. (e) A school district providing a program under this section shall protect the rights of students receiving program services and maintain the confidentiality of records as required by state and federal law. SECTION 2. Section 464.003, Health and Safety Code, is amended to read as follows: Sec. 464.003. EXEMPTIONS. This subchapter does not apply to: (1) a facility maintained or operated by the federal government; (2) a facility directly operated by the state; (3) a facility licensed by the [Texas] Department of State Health Services; (4) a program provided by a school district under Section 38.020, Education Code; (5) an educational program for intoxicated drivers; (6) [(5)] the individual office of a private, licensed health care practitioner who personally renders private individual or group services within the scope of the practitioner's license and in the practitioner's office; (7) [(6)] an individual who personally provides counseling or support services to a chemically dependent person but does not offer or purport to offer a chemical dependency treatment program; or (8) [(7)] a 12-step or similar self-help chemical dependency recovery program: (A) that does not offer or purport to offer a chemical dependency treatment program; (B) that does not charge program participants; and (C) in which program participants may maintain anonymity. SECTION 3. 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, 2005.