CHAPTER 461. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE

Statutes > Texas Statutes > HEALTH AND SAFETY CODE > TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES > CHAPTER 461. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS

CHAPTER 461. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE

According to Section 461.004, this chapter expired September 1,

2009. In 2003, the Texas Commission on Alcohol and Drug Abuse was

abolished and the powers, duties, functions, programs, and

activities of that agency were transferred to the Department of

State Health Services by Section 1.19(a)(3), Chapter 198 (H.B.

2292), Acts of the 78th Legislature, Regular Session.

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

(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 five members appointed by the

governor with the advice and consent of the senate.

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; Acts 2003, 78th Leg., ch. 1170, Sec. 1.01, eff. Sept. 1,

2003.

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; 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.

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

(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.

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 one or 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; Acts 2003, 78th Leg., ch. 1170, Sec. 1.02, eff. Sept. 1,

2003.

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.

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 commissioner of health and

human services shall employ an executive director in accordance

with Section 531.0056, Government Code. 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.

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; Acts 1999, 76th Leg., ch. 1460, Sec. 2.19, eff. Sept. 1,

1999.

Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND

HUMAN SERVICES. The commissioner of health and human services

has the powers and duties relating to the commission and

executive director as provided by Section 531.0055, Government

Code. To the extent a power or duty given to the commission or

executive director by this chapter or another law conflicts with

Section 531.0055, Government Code, Section 531.0055 controls.

Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.20, eff. Sept. 1,

1999.

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;

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.

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.

(d) The commission shall comply with federal and state laws

related to program and facility accessibility.

(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.

(f) 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.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),

eff. September 1, 2008.

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; 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, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1999,

76th Leg., ch. 62, Sec. 19.01(68), eff. Sept; 1, 1999; Acts 2003,

78th Leg., ch. 198, Sec. 2.133, eff. Sept. 1, 2003; Acts 2003,

78th Leg., ch. 1325, Sec. 13.04, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 4.02, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(d), eff. September 1, 2008.

Acts 2007, 80th Leg., R.S., Ch.

268, Sec. 32(f), eff. September 1, 2008.

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.

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.

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. 461.0128. STATE AGENCY SERVICES STANDARDS. (a) The

commission by rule shall develop model program standards for

substance abuse services for use by each state agency that

provides or pays for substance abuse services. The commission

shall provide the model standards to each agency that provides

substance abuse services as identified by the Health and Human

Services Commission.

(b) Model standards developed under Subsection (a) must be

designed to improve the consistency of substance abuse services

provided by or through a state agency.

developed under Subsection (a) and determine whether each

standard contributes effectively to the consistency of service

delivery by state agencies.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 17, eff. Sept. 1,

1999.

Sec. 461.0129. LOCAL BEHAVIORAL HEALTH AUTHORITIES. The

commission may designate and provide services through local

behavioral health authorities as provided by Section 533.0356 and

rules adopted jointly with the Texas Board of Mental Health and

Mental Retardation.

Added by Acts 1999, 76th Leg., ch. 1187, Sec. 18, eff. Sept. 1,

1999.

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.

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

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.

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.

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.

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.

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 in either cash or in-kind

contributions 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;

Acts 1997, 75th Leg., ch. 577, Sec. 4, eff. Sept. 1, 1997; Acts

2001, 77th Leg., ch. 591, Sec. 1, eff. Sept. 1, 2001.

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.

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

(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.

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.

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.

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. 461.017. ADVISORY COMMITTEE ON REDUCING DRUG DEMAND. (a)

The Drug Demand Reduction Advisory Committee is composed of the

following members:

(1) five representatives of the public from different geographic

regions of the state who have knowledge and expertise in issues

relating to reducing drug demand and who are appointed by the

commissioner of the Department of State Health Services; and

(2) one representative of each of the following agencies or

offices who is appointed by the executive director or

commissioner of the agency or office and who is directly involved

in the agency's or office's policies, programs, or funding

activities relating to reducing drug demand:

(A) the criminal justice division of the governor's office;

(B) the Criminal Justice Policy Council;

(D) the Department of Public Safety of the State of Texas;

(E) the Health and Human Services Commission;

(F) the Texas Alcoholic Beverage Commission;

(G) the Department of State Health Services;

(H) the Texas Council on Offenders with Mental Impairments;

(I) the Texas Department of Criminal Justice;

(J) the Health and Human Services Commission;

(K) the Department of Aging and Disability Services;

(L) the Texas Education Agency;

(M) the Texas Juvenile Probation Commission;

(N) the Texas Youth Commission;

(O) the Department of Assistive and Rehabilitative Services;

(P) the Texas Workforce Commission;

(Q) the Texas Department of Motor Vehicles;

(R) the comptroller of public accounts; and

(S) the adjutant general's department.

(b) The representative of the Texas Commission on Alcohol and

Drug Abuse shall serve as the presiding officer of the Drug

Demand Reduction Advisory Committee. The commission may provide

administrative support to the committee.

least once in each quarter of each calendar year on dates

determined by the committee.

(d) The Drug Demand Reduction Advisory Committee shall serve as

a single source of information for the governor, the legislature,

and the public about issues relating to reducing drug demand,

including available prevention programs and services.

(e) The Drug Demand Reduction Advisory Committee shall develop a

statewide strategy to reduce drug demand. The strategy must:

(1) incorporate multidisciplinary approaches using current

empirical research;

(2) include performance-based measurement and accountability

standards, short-term objectives, and ten-year targets for

reducing drug demand;

(3) coordinate, to the extent possible, the efforts of private

sector entities and local, state, and federal agencies, including

the Office of National Drug Control Policy and the United States

Drug Enforcement Administration, to reduce drug demand; and

(4) provide opportunities for representatives from the public

and private sectors to comment on the committee's activities and

make recommendations related to the strategy.

(f) The Drug Demand Reduction Advisory Committee shall identify

lead or contributing agencies or offices that shall implement the

strategy described in Subsection (e). The committee shall

coordinate the implementation of the strategy by those agencies

or offices.

(g) The Drug Demand Reduction Advisory Committee may establish

additional advisory committees composed of representatives from

governmental entities and the private sector to assist the

committee in carrying out its duties.

(h) Not later than January 15 of each odd-numbered year, the

Drug Demand Reduction Advisory Committee shall present to the

governor, the lieutenant governor, and the speaker of the house

of representatives a report that states:

(1) the committee's progress in developing and coordinating the

strategy described in Subsection (e);

(2) the status and funding of state programs relating to

reducing drug demand; and

(3) recommendations for legislation to address issues involved

in reducing drug demand.

Added by Acts 2001, 77th Leg., ch. 239, Sec. 1, eff. May 22,

2001. Amended by Acts 2003, 78th Leg., ch. 862, Sec. 1, eff. June

20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3F.03, eff. September 1, 2009.

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 list of webpages and

toll-free "800" telephone numbers of nonprofit entities that

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. Amended

by Acts 2003, 78th Leg., ch. 198, Sec. 2.72(a), eff. Sept. 1,

2003.

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Texas Codes and Statutes

CHAPTER 461. TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE