2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner › Section 461A.052. Powers and Duties of Department

Sec. 461A.052.  POWERS AND DUTIES OF DEPARTMENT.
(a)  The department 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 this 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 the service needs of persons with a chemical dependency and their families;
(7)  require programs rendering services to persons with a chemical dependency 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 department for purposes of providing chemical dependency services and related programs to carry out those purposes and maximize the overall state allotment of federal funds;
(13)  plan, develop, coordinate, evaluate, and implement constructive methods and programs to provide healthy alternatives for youth at risk of selling controlled substances; and
(14)  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. No. 102-321 (42 U.S.C. Section 300x-26), and coordinate the reports and strategies with appropriate state governmental entities.
Text of subsection effective until April 01, 2025
(b)  The department may establish regional alcohol advisory committees consistent with the regions established under Section 531.024, Government Code.
Text of subsection effective on April 01, 2025
(b)  The department may establish regional alcohol advisory committees consistent with the regions established under Section 525.0151, Government Code.
(c)  The department may appoint advisory committees to assist the department in performing its duties under this chapter.  A member of an advisory committee appointed under this subsection may receive reimbursement for travel expenses as provided by Section 2110.004, Government Code.
(d)  The department shall comply with federal and state laws related to program and facility accessibility.
(e)  The commissioner shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services under this chapter.
(f)  Subsection (a)(15) 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 14, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.51, eff. April 1, 2025.