S.B. No. 1314         AN ACT   relating to the regulation of substance abuse facilities and   programs for juveniles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 department under   Chapter 241, 243, 248, 466, or 577;                (4)  an educational program for intoxicated drivers;                (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;                (6)  an individual who personally provides counseling   or support services to a person with a chemical dependency but does   not offer or purport to offer a chemical dependency treatment   program; [or]                (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; or                (8)  a juvenile justice facility or juvenile justice   program, as defined by Section 261.405, Family Code.          SECTION 2.  Section 221.002, Human Resources Code, is   amended by amending Subsection (a) and adding Subsection (f) to   read as follows:          (a)  The board shall adopt reasonable rules that provide:                (1)  minimum standards for personnel, staffing, case   loads, programs, facilities, record keeping, equipment, and other   aspects of the operation of a juvenile board that are necessary to   provide adequate and effective probation services;                (2)  a code of ethics for probation and detention   officers and for the enforcement of that code;                (3)  appropriate educational, preservice and   in-service training, and certification standards for probation and   detention officers or court-supervised community-based program   personnel;                (4)  subject to Subsection (d), minimum standards for   public and private juvenile pre-adjudication secure detention   facilities, public juvenile post-adjudication secure correctional   facilities that are operated under the authority of a juvenile   board or governmental unit, private juvenile post-adjudication   secure correctional facilities operated under a contract with a   governmental unit, except those facilities exempt from   certification by Section 42.052(g), and nonsecure correctional   facilities operated by or under contract with a governmental unit;   [and]                (5)  minimum standards for juvenile justice   alternative education programs created under Section 37.011,   Education Code, in collaboration and conjunction with the Texas   Education Agency, or its designee; and                (6)  minimum standards for the operation of substance   abuse facilities or programs that are juvenile justice facilities   or juvenile justice programs, as defined by Section 261.405, Family   Code.          (f)  A substance abuse facility or program operating under   the standards adopted under this section is not required to be   licensed or otherwise approved by any other state or local agency.          SECTION 3.  (a)  The change in law made by this Act to   Section 464.003, Health and Safety Code, does not affect the   validity of a disciplinary action or other proceeding that was   initiated before the effective date of this Act and that is pending   before a court or other governmental entity on the effective date of   this Act.          (b)  The change in law made by this Act does not apply to an   offense committed under or a violation of Subchapter A, Chapter   464, Health and Safety Code, that occurred before the effective   date of this Act.  An offense committed or a violation that occurred   before the effective date of this Act is governed by the law as it   existed on the date the offense was committed or the violation   occurred, and the former law is continued in effect for that   purpose. For purposes of this subsection, an offense was committed   or a violation occurred before the effective date of this Act if any   element of the offense or violation occurred before that date.          SECTION 4.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1314 passed the Senate on   May 9, 2017, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1314 passed the House on   May 24, 2017, by the following vote:  Yeas 146, Nays 0, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor