Health and Safety Code
SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS
CHAPTER 461. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE
Sec. 461.001. Policy.
Chemical dependency is a preventable and treatable illness and
public health problem affecting the general welfare and the
economy of the state. The legislature recognizes the need for
proper and sufficient facilities, programs, and procedures for
prevention, intervention, treatment, and rehabilitation. It is
the policy of this state that a chemically dependent person shall
be offered a continuum of services that will enable the person to
lead a normal life as a productive member of society.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 168, eff. Sept. 1,
1991.
Sec. 461.002. Definitions.
In this chapter:
(1) "Chemical dependency" means:
(A) abuse of alcohol or a controlled substance;
(B) psychological or physical dependence on alcohol or a
controlled substance; or
(C) addiction to alcohol or a controlled substance.
(2) "Commission" means the Texas Commission on Alcohol and
Drug Abuse.
(3) "Controlled substance" means a:
(A) toxic inhalant; or
(B) substance designated as a controlled substance by
Chapter 481 (Texas Controlled Substances Act).
(4) "Intervention" means the interruption of the onset or
progression of chemical dependency in the early stages.
(5) "Prevention" means the reduction of a person's risk of
abusing alcohol or a controlled substance or becoming
chemically dependent .
(6) "Rehabilitation" means the reestablishment of the social
and vocational life of a person after treatment.
(7) "Toxic inhalant" means a gaseous substance that is
inhaled by a person to produce a desired physical or
psychological effect and that may cause personal injury or
illness to the inhaler.
(8) "Treatment" means the initiation and promotion, in a
planned, structured, and organized manner, of a person's
chemical-free status or the maintenance of a person free of
illegal drugs.
(9) "Treatment facility" means a public or private hospital,
a detoxification facility, a primary care facility, an
intensive care facility, a long-term care facility, an
outpatient care facility, a community mental health center, a
health maintenance organization, a recovery center, a halfway
house, an ambulatory care facility, another facility that is
required to be licensed and approved by the commission, or a
facility licensed or operated by the Texas Department of Mental
Health and Mental Retardation. The term does not include an
educational program for intoxicated drivers or 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.11(a), eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 169, eff. Sept.
1, 1991.
Sec. 461.003. Composition of Commission.
(a) The purpose of this chapter is to prevent broken homes and
the loss of lives by creating the Texas Commission on Alcohol and
Drug Abuse.
(b) The commission is composed of six members appointed by the
governor with the advice and consent of the senate.
(c) Appointments to the commission shall be made without regard
to race, color, disability, sex, religion, age, or national
origin of the appointees.
(d) In appointing members to the commission under this section,
the governor shall appoint not fewer than three members with
experience in business management, financial management,
auditing, contract management, or similar activities that are
relevant to the commission's duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 876, Sec. 26.06, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 577, Sec. 1, eff. Sept. 1,
1997.
Sec. 461.004. Application of Sunset Act.
The Texas Commission on Alcohol and Drug Abuse is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the commission is
abolished and this chapter expires September 1, 2009.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.13,
eff. Nov. 12, 1991.
Amended by Acts 1995, 74th Leg., ch. 970, Sec. 1.01, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 577, Sec. 2, eff. Sept. 1,
1997.
Sec. 461.005. Restrictions on Commission Appointment, Membership, and
Employment.
(a) A person is not eligible for appointment or service as a
commission member if the person or the person's spouse:
(1) is licensed by an occupational regulatory agency in the
field of chemical dependency;
(2) is employed by or participates in the management of a
business entity or other organization regulated by the
commission or receiving funds from the commission;
(3) owns, controls, or has, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds
from the commission; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the commission.
(b) An officer, employee, or paid consultant of an association
that is primarily interested in the provision of services or in
other matters relating to chemical dependency may not be a member
or employee of the commission.
(c) A person who cohabits with or is the spouse of an officer,
managerial employee, or paid consultant of an association
described by Subsection (b) may not be a commission member or a
commission employee grade 17 or over, including exempt employees,
according to the position classification schedule under the
General Appropriations Act.
(d) A person may not serve as a member of the commission or act
as the general counsel to the commission if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on
behalf of a provider of chemical dependency services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 170, eff. Sept. 1,
1991.
Sec. 461.0051. Commission Member Training.
(a) To be eligible to take office as a member of the
commission, a person appointed to the commission must complete at
least one course of a training program that complies with
Subsection (b).
(b) The training program required by Subsection (a) must
provide information to the person regarding:
(1) the enabling legislation that created the commission and
its policymaking body to which the member is appointed to
serve;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government Code;
(B) open records law, Chapter 552, Government Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict-of-interest laws and
other laws relating to public officials; and
(9) any applicable ethics policies adopted by the commission
or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program required by Subsection (a) as provided by the
General Appropriations Act and as if the person were a member of
the commission.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.006. Terms.
Commission members serve staggered six-year terms, with the
terms of two members expiring February 1 of each odd-numbered
year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 876, Sec. 26.07, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 577, Sec. 2, eff. Sept. 1,
1997.
Sec. 461.007. Officers.
(a) The governor shall annually appoint one commission member
as chairman.
(b) The members of the commission shall annually elect one
member as vice-chairman. The members may elect one member as
secretary or designate the executive director of the commission
as secretary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 461.008. Removal of Commission Members.
(a) It is a ground for removal from the commission if a member:
(1) is not eligible for appointment to the commission at the
time of appointment as provided by Section 461.005(a);
(2) is not eligible to serve on the commission as provided
by Section 461.005(a);
(3) violates a prohibition established by Section
461.005(b), (c), or (d);
(4) cannot discharge the member's duties for a substantial
part of the term for which the member is appointed because of
illness or disability; or
(5) is absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by
majority vote of the commission.
(b) The validity of an action of the commission is not affected
by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the chairman of the commission of the ground. The chairman shall
then notify the governor that a potential ground for removal
exists.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 461.009. Per Diem; Reimbursement for Expenses.
A commission member is entitled to receive:
(1) the compensatory per diem authorized by the General
Appropriations Act for each day spent in performing the
member's official duties; and
(2) reimbursement for travel expenses and other necessary
expenses incurred in performing official duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 461.010. Meetings; Travel.
(a) The commission shall meet at least quarterly at the call of
the chairman or at the request of five members. The commission
may not meet for more than 24 days in a fiscal year.
(b) The commission may authorize its members to travel in this
state and in other states to perform commission duties under this
chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 461.011. Personnel.
(a) The commission shall employ an executive director with the
approval of the governor. The executive director shall hire
other necessary employees.
(b) The executive director or the executive director's designee
shall develop an intra-agency career ladder program that
addresses opportunities for mobility and advancement for
employees within the commission. The program shall require
intra-agency posting of all positions concurrently with any
public posting.
(c) The executive director or the executive director's designee
shall develop a system of annual performance evaluations that are
based on documented employee performance. All merit pay for
commission employees must be based on the system established
under this subsection.
(d) The commission shall provide to its members and employees,
as often as necessary, information regarding their qualifications
under this chapter and their responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
(e) The executive director or the executive director's designee
shall prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability , sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission work force
that meets federal and state laws, rules, regulations, and
instructions directly promulgated from those laws, rules, and
regulations;
(3) procedures by which a determination can be made about
the extent of underuse in the commission work force of all
persons for whom federal or state laws, rules, regulations, and
instructions directly promulgated from those laws, rules, and
regulations encourage a more equitable balance; and
(4) reasonable methods to appropriately address those areas
of underuse.
(f) A policy statement prepared under Subsection (e) must:
(1) cover an annual period;
(2) be updated annually and reviewed by the Texas Commission
on Human Rights for compliance with Subsection (e); and
(3) be filed with the governor's office.
(g) The governor's office shall deliver a biennial report to
the legislature based on the information received under
Subsection (f). The report may be made separately or as a part of
other biennial reports made to the legislature.
(h) The commission shall develop and implement policies that
clearly separate the respective responsibilities of the
commission and the staff of the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.149, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 577, Sec. 3, eff. Sept. 1,
1997.
Sec. 461.012. Powers and Duties.
(a) The commission shall:
(1) provide for research and study of the problems of
chemical dependency in this state and seek to focus public
attention on those problems through public information and
education programs;
(2) plan, develop, coordinate, evaluate, and implement
constructive methods and programs for the prevention,
intervention, treatment, and rehabilitation of chemical
dependency in cooperation with federal and state agencies,
local governments, organizations, and persons, and provide
technical assistance, funds, and consultation services for
statewide and community-based services;
(3) cooperate with and enlist the assistance of:
(A) other state, federal, and local agencies;
(B) hospitals and clinics;
(C) public health, welfare, and criminal justice system
authorities;
(D) educational and medical agencies and organizations;
and
(E) other related public and private groups and persons;
(4) expand chemical dependency services for children when
funds are available because of the long-term benefits of those
services to the state and its citizens;
(5) sponsor, promote, and conduct educational programs on
the prevention and treatment of chemical dependency, and
maintain a public information clearinghouse to purchase and
provide books, literature, audiovisuals, and other educational
material for the programs;
(6) sponsor, promote, and conduct training programs for
persons delivering prevention, intervention, treatment, and
rehabilitation services and for persons in the criminal justice
system or otherwise in a position to identify chemically
dependent persons and their families in need of service;
(7) require programs rendering services to chemically
dependent persons to safeguard those persons' legal rights of
citizenship and maintain the confidentiality of client records
as required by state and federal law;
(8) maximize the use of available funds for direct services
rather than administrative services;
(9) consistently monitor the expenditure of funds and the
provision of services by all grant and contract recipients to
assure that the services are effective and properly staffed and
meet the standards adopted under this chapter;
(10) make the monitoring reports prepared under Subdivision
(9) a matter of public record;
(11) license treatment facilities under Chapter 464;
(12) use funds appropriated to the commission to carry out
this chapter and maximize the overall state allotment of
federal funds;
(13) develop and implement policies that will provide the
public with a reasonable opportunity to appear before the
commission and to speak on any issue under the commission's
jurisdiction;
(14) establish minimum criteria that peer assistance
programs must meet to be governed by and entitled to the
benefits of a law that authorizes licensing and disciplinary
authorities to establish or approve peer assistance programs
for impaired professionals;
(15) adopt rules governing the functions of the commission,
including rules that prescribe the policies and procedures
followed by the commission in administering any commission
programs;
(16) plan, develop, coordinate, evaluate, and implement
constructive methods and programs to provide healthy
alternatives for youth at risk of selling controlled
substances;
(17) submit to the federal government reports and strategies
necessary to comply with Section 1926 of the federal Alcohol,
Drug Abuse, and Mental Health Administration Reorganization
Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26); reports and
strategies are to be coordinated with appropriate state
governmental entities; and
(18) regulate, coordinate, and provide training for alcohol
awareness courses required under Section 106.115, Alcoholic
Beverage Code, and may charge a fee for an activity performed
by the commission under this subdivision.
(b) The commission may establish regional alcohol advisory
committees consistent with the regions established under Section
531.024, Government Code.
(c) The commission may appoint advisory committees to assist
the commission in performing its duties. State advisory
committee members are entitled to receive the per diem and travel
expense allowance authorized by the General Appropriations Act
for state employees.
Text of subsec. (d) as added by Acts 1997, 75th Leg., ch. 577,
Sec. 6
(d) The commission shall comply with federal and state laws
related to program and facility accessibility.
Text of subsec. (d) as added by Acts 1997, 75th Leg., ch. 825,
Sec. 2
(d) Subsection (a)(18) does not apply to a 12-step or similar
self-help alcohol dependency recovery program:
(1) that does not offer or purport to offer an alcohol
dependency treatment program;
(2) that does not charge program participants; and
(3) in which program participants may maintain anonymity.
(e) The executive director shall prepare and maintain a written
plan that describes how a person who does not speak English can
be provided reasonable access to the commission's programs and
services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 171, eff. Sept. 1,
1991.
Amended by Acts 1993, 73rd Leg., ch. 637, Sec. 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 671, Sec. 4, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 577, Sec. 6, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 825, Secs. 1, 2, eff. Sept. 1, 1997.
Sec. 461.0121. Emergency Treatment Resources.
The executive director may develop emergency treatment
resources for persons who appear to be:
(1) chemically dependent;
(2) under the influence of alcohol or a controlled substance
and in need of medical attention; or
(3) undergoing withdrawal or experiencing medical
complications related to a chemical dependency.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 172, eff. Sept. 1,
1991.
Sec. 461.0122. Referral Services for Persons From Criminal Justice System.
(a) The executive director may establish programs for the
referral, treatment, or rehabilitation of persons from the
criminal justice system within the terms of bail, probation,
conditional discharge, parole, or other conditional release.
(b) A referral may not be inconsistent with medical or clinical
judgment or conflict with this chapter or Chapter 462 or
applicable federal regulations.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 172, eff. Sept. 1,
1991.
Sec. 461.0123. Reporting of Children Involved in Substance Abuse or From a
Family Involved in Substance Abuse.
(a) The Texas Department of Human Services, the Texas
Department of Mental Health and Mental Retardation, the Texas
Youth Commission, and the Texas Juvenile Probation Commission
shall:
(1) attempt to determine whether a child under the agency's
jurisdiction is involved in substance abuse or is from a
substance-abusing family;
(2) record its determination in the case record of the
child; and
(3) record the information for statistical reporting
purposes.
(b) The agencies shall revise their assessment forms, as
needed, to include a determination under this section.
(c) The commission shall coordinate the efforts of the agencies
described by Subsection (a) in complying with this section.
Added by Acts 1991, 72nd Leg., ch. 627, Sec. 4, eff. Sept. 1,
1991.
Sec. 461.0124. Statewide Service Delivery Plan.
(a) The commission shall develop and adopt a statewide service
delivery plan. The commission shall update the plan not later
than February 1 of each even-numbered year. The plan must
include:
(1) a statement of the commission's mission, goals, and
objectives regarding chemical dependency prevention,
intervention, and treatment;
(2) a statement of how chemical dependency services and
chemical dependency case management services should be
organized, managed, and delivered;
(3) a comprehensive assessment of:
(A) chemical dependency services available in this state
at the time the plan is prepared; and
(B) future chemical dependency services needs;
(4) a service funding process that ensures equity in the
availability of chemical dependency services across this state
and within each service region established under Section
531.024, Government Code;
(5) a provider selection and monitoring process that
emphasizes quality in the provision of services;
(6) a description of minimum service levels for each region;
(7) a mechanism for the commission to obtain and consider
local public participation in identifying and assessing
regional needs for chemical dependency services;
(8) a process for coordinating and assisting administration
and delivery of services among federal, state, and local public
and private chemical dependency programs that provide similar
services; and
(9) a process for coordinating the commission's activities
with those of other state health and human services agencies
and criminal justice agencies to avoid duplications and
inconsistencies in the efforts of the agencies in chemical
dependency prevention, intervention, treatment, rehabilitation,
research, education, and training.
(b) The commission shall gather information needed for the
development of the plan through systematic methods designed to
include local, regional, and statewide perspectives.
(c) In developing the plan, the commission shall analyze the
costs of implementation of proposed features of the plan by both
the commission and service providers. The commission shall use
the analysis to maximize the efficiency of service delivery under
the final plan.
(d) The plan must provide a priority for obtaining treatment
services for individuals in need of treatment who are parents of
a child in foster care.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.0125. Client Service Contract Standards.
(a) In each contract for the purchase of chemical dependency
program-related client services, the commission shall include:
(1) clearly defined contract goals, outputs, and measurable
outcomes that relate directly to program objectives;
(2) clearly defined sanctions or penalties for failure to
comply with or perform contract terms or conditions; and
(3) clearly specified accounting, reporting, and auditing
requirements applicable to money received under the contract.
(b) Contract goals must include a standard developed by the
commission that is based on a percentage of program clients who
maintain long-term recovery for an extended period as defined by
the commission.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.0126. Contract Monitoring.
The commission shall establish a formal program to monitor
program-related client services contracts made by the commission.
The commission must:
(1) monitor compliance with financial and performance
requirements using a risk assessment methodology; and
(2) obtain and evaluate program cost information to ensure
that each cost, including an administrative cost, is reasonable
and necessary to achieve program objectives.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.0127. Technical Assistance Program.
The commission shall adopt technical assistance policies and
procedures for a technical assistance program that:
(1) is clearly separate from the commission's contract
monitoring activities;
(2) has a single office for technical assistance requests;
and
(3) includes explicit response time frames.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.013. Education and Research Programs Concerning Controlled
Substances.
(a) In this section, "controlled substances" means those
substances designated as controlled substances by Chapter 481
(Texas Controlled Substances Act).
(b) The commission, in cooperation with other appropriate state
agencies, shall carry out educational programs designed to
prevent or deter misuse and abuse of controlled substances. In
connection with those programs the commission may:
(1) promote better recognition of the problems of misuse and
abuse of controlled substances within the regulated industry
and among interested groups and organizations;
(2) assist the regulated industry and interested groups and
organizations in contributing to the reduction of misuse and
abuse of controlled substances;
(3) consult with interested groups and organizations to aid
those groups in solving administrative and organizational
problems;
(4) evaluate procedures, projects, techniques, and controls
conducted or proposed as part of educational programs on misuse
and abuse of controlled substances;
(5) disseminate the results of research on misuse and abuse
of controlled substances to promote a better public
understanding of problems that exist and ways to combat those
problems; and
(6) assist in educating and training state and local law
enforcement officials in their efforts to control misuse and
abuse of controlled substances.
(c) The commission shall encourage research on misuse and abuse
of controlled substances. In connection with research, and in
furtherance of the enforcement of Chapter 481 (Texas Controlled
Substances Act), the executive director may:
(1) establish methods to assess accurately the effects of
controlled substances and identify and characterize those with
potential for abuse;
(2) make studies and undertake programs of research to:
(A) develop new or improved approaches, techniques,
systems, equipment, and devices to strengthen the
enforcement of Chapter 481 (Texas Controlled Substances
Act);
(B) determine patterns and social effects of misuse and
abuse of controlled substances; and
(C) improve methods for preventing, predicting,
understanding, and dealing with the misuse and abuse of
controlled substances; and
(3) contract with public agencies, institutions of higher
education, and private organizations or individuals to conduct
research, demonstrations, or special projects that bear
directly on misuse and abuse of controlled substances.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 461.0131. Outreach Programs for Intravenous Drug Users.
(a) The commission may fund community outreach programs that
have direct contact with intravenous drug users.
(b) An outreach program funded by the commission must:
(1) provide education on HIV infection based on the model
education program developed by the Texas Department of Health;
(2) encourage behavior changes to reduce the possibility of
HIV transmission;
(3) promote other HIV risk reduction activities; and
(4) encourage behavior consistent with state criminal laws.
(c) In this section, "HIV" means human immunodeficiency virus.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 173, eff. Sept. 1,
1991.
Sec. 461.0132. Minimum Program Requirements.
(a) A chemical dependency intensive intervention, outpatient,
residential treatment, or rehabilitation program that is provided
by the commission or that is funded in whole or part by funds
allocated through the commission must include:
(1) coping skills training;
(2) education regarding the manifestations and dynamics of
dysfunctional relationships within the family; and
(3) support group opportunities for children and adults.
(b) This section does not apply to:
(1) a detoxification program or that part of a program that
provides detoxification; or
(2) a program provided by the Texas Youth Commission.
(c) In this section, "coping skills training" means instruction
in the elements and practice of and reasons for the skills of
communication, stress management, problem solving, daily living,
and decision making.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 173, eff. Sept. 1,
1991.
Sec. 461.0133. Relapse Rate Reporting.
(a) A treatment program provided or funded by the commission
shall report to the commission on the effectiveness of the
chemical dependency treatment program.
(b) The report must show to the extent possible, without
violating the confidentiality of information received by the
program, the rate of relapse of persons who have received
treatment services.
(c) The commission by rule may provide for the content of a
report and the procedure for reporting under this section.
Reports must be uniform in classifications of persons receiving
treatment according to the severity of addiction, substance
abused, age of person treated, and modality of treatment. A
report may not reveal the name of an individual subject to
treatment or of a family member or acquaintance of an individual
treated and may not describe circumstances from which any of
those individuals may be identified.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 173, eff. Sept. 1,
1991.
Sec. 461.014. Finances.
(a) The commission may accept gifts and grants.
(b) All money paid to the commission under this chapter is
subject to Subchapter F, Chapter 404, Government Code.
(c) The commission shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year.
The annual report must meet the reporting requirements applicable
to financial reporting provided in the General Appropriations
Act.
(d) The financial transactions of the commission are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code.
(e) The commission is the state agency to:
(1) receive and administer federal funds for alcohol and
drug abuse, including applying for, administering, and
disbursing funds under the Drug Abuse Office and Treatment Act
of 1972 (21 U.S.C. Section 1101 et seq.); and
(2) prescribe all necessary policies relating to alcohol and
drug abuse.
(f) An organization or other entity is not eligible for a grant
of state funds from the commission unless the organization or
entity provides matching funds equal to at least five percent of
the total grant of state funds from the commission. The
commission may waive that requirement if the commission
determines that the requirement may jeopardize the provision of
needed services.
(g) In allocating grant funds, the commission shall consider
the state facility hospitalization rate of substance abusers who
are from the service area of the entity requesting the grant. An
organization or other entity is not eligible for a grant of state
funds for a treatment or rehabilitation program unless the
program will, at a minimum, reduce state facility hospitalization
of substance abusers by a percentage established by the
commission.
(h) As a condition to receiving contract or grant funds under
this chapter, a public or private organization or entity must
provide to the commission information relating to:
(1) the number of chemically dependent persons the
organization or entity served, if any, during the preceding
year, the municipalities and counties of residence of those
persons, and the number of persons served from each
municipality and county; and
(2) the number of chemically dependent persons the
organization or entity expects to serve during the term of the
requested grant or contract, the expected municipalities and
counties of residence for those persons, and the expected
number of persons served from each municipality and county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 174, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 788, Sec. 1, eff. June 16, 1991.
amended by Acts 1997, 75th Leg., ch. 577, Sec. 4, eff. Sept. 1,
1997.
Sec. 461.0141. Services Funding.
(a) The commission by rule shall adopt a system of funding the
provision of chemical dependency services that includes
competitive and noncompetitive procedures to:
(1) maximize the range of treatment services available in
each service region;
(2) provide reasonable access in each region to available
services; and
(3) include local public participation in making regional
funding decisions and formal funding recommendations.
(b) The system must require that the commission award each
proposed chemical dependency services contract to the applicant
that the commission determines has made the bid that provides the
best value.
(c) In determining the best value bid for a contract under this
section, the commission shall consider:
(1) the quality of the proposed service;
(2) cost;
(3) the applicant's ability to:
(A) perform the contract;
(B) provide the required services; and
(C) provide continuity of service;
(4) whether the applicant can perform the contract or
provide the services within the period required, without delay
or interference;
(5) the applicant's history of:
(A) contract performance; and
(B) compliance with the laws relating to the applicant's
business operations and the affected services;
(6) whether the applicant's financial resources are
sufficient to perform the contract and to provide the services;
(7) whether necessary or desirable support and ancillary
services are available to the applicant;
(8) the degree of community support for the applicant;
(9) the quality of the facilities and equipment available to
or proposed by the applicant;
(10) the ability of the applicant to meet all applicable
written commission policies, principles, and regulations;
(11) state investment in the applicant; and
(12) other factors the commission determines relevant.
(d) Rules adopted under this section must set out the
commission's provider selection processes, including:
(1) service purchase methods;
(2) eligibility criteria;
(3) provider selections criteria; and
(4) selection determination procedures.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.0142. Funding Policy Manual.
(a) The commission shall publish a funding policy manual that
explains:
(1) the commission's funding priorities and provider
selection criteria; and
(2) the methods the commission used to develop funding
policies.
(b) The commission shall update the manual annually.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.0143. Unit Rate Reimbursement.
(a) The commission shall study the procurement of and payment
for chemical dependency treatment services on a unit rate
reimbursement basis.
(b) If the commission determines, after consideration of the
study, that procurement of and payment for chemical dependency
treatment services on a unit rate reimbursement basis in
appropriate areas of the state would result in obtaining the
highest quality treatment services at the best price and the
lowest administrative cost to the commission, the commission
shall adopt a unit rate reimbursement system for those services.
The system must:
(1) include competitive procurement;
(2) monitor provider performance;
(3) monitor the reasonableness of provider costs and
expenditures;
(4) verify provider costs before and after a contract term
to ensure rates are set appropriately;
(5) ensure accountability of providers; and
(6) contain costs.
(c) The commission may procure and pay for chemical dependency
prevention and intervention services under a unit rate
reimbursement system when the commission determines it is
appropriate.
(d) In this section, "unit rate reimbursement" means
reimbursement for a service paid at a specified rate for a unit
of the service provided to a client multiplied by the number of
units provided.
Added by Acts 1997, 75th Leg., ch. 577, Sec. 7, eff. Sept. 1,
1997.
Sec. 461.015. Public Interest Information and Complaints.
(a) The commission shall prepare information of public interest
describing the functions of the commission and the commission's
procedures by which complaints are filed with and resolved by the
commission. The commission shall make the information available
to the public and appropriate state agencies.
(b) The commission by rule shall establish methods by which
consumers and service recipients can be notified of the name,
mailing address, and telephone number of the commission for the
purpose of directing complaints to the commission. The
commission may provide for that notification:
(1) on each registration form, application, or written
contract for services of a person or entity regulated or
authorized by this chapter;
(2) on a sign that is prominently displayed in the place of
business of each person or entity regulated or authorized by
this chapter; or
(3) in a bill for service provided by a person or entity
regulated or authorized by this chapter.
(c) The commission shall keep a file about each written
complaint filed with the commission that the commission has
authority to resolve. The commission shall provide to the person
filing the complaint and to the persons or entities complained
about the commission's policies and procedures pertaining to
complaint investigation and resolution. The commission, at least
quarterly and until final disposition of the complaint, shall
notify the complainant and each person or entity complained about
of the status of the complaint unless notice would jeopardize an
undercover investigation.
(d) The commission shall keep information about each complaint
filed with the commission. The information must include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation
of the complaint;
(6) an explanation of the reason the complaint was closed
without action, for complaints on which the commission took no
action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 577, Sec. 5, eff. Sept. 1,
1997.
Sec. 461.016. Cooperation with Commission.
(a) Each department, agency, officer, and employee of the
state, when requested by the commission, shall cooperate with the
commission in appropriate activities to implement this chapter.
(b) This section does not give the commission control over
existing facilities, institutions, or agencies or require the
facilities, institutions, or agencies to serve the commission in
a manner that is inconsistent with their functions, the authority
of their offices, or the laws and rules governing their
activities.
(c) This section does not authorize the commission to use a
private institution or agency without its consent or to pay a
private institution or agency for services that a public
institution or agency is willing and able to provide.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 461.018. Compulsive Gambling Program.
(a) The commission shall establish a program for:
(1) public education, research, and training regarding
problem or compulsive gambling; and
(2) the treatment and prevention of problem or compulsive
gambling.
(b) The commission's program under Subsection (a) must include:
(1) establishing and maintaining a toll-free "800" telephone
number to provide crisis counseling and referral services to
families experiencing difficulty as a result of problem or
compulsive gambling;
(2) promoting public awareness regarding the recognition and
prevention of problem or compulsive gambling;
(3) facilitating, through in-service training and other
means, the availability of effective assistance programs for
problem or compulsive gamblers; and
(4) conducting studies to identify adults and juveniles in
this state who are, or who are at risk of becoming, problem or
compulsive gamblers.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 11