1 .
The Attorney General of Texas
December 19, 1977
JOHN L. HILL
Attorney General
Honorable Clinton Kersey Opinion No. H-1106
Executive Director
Texas Commission on Re: Authority of the Texas
Alcoholism Commission on Alcoholism
201 East 14th Street under H.B. 321 and S.B. 620.
Austin, Texas 78701
Dear Mr. Kersey:
You have requested
. our opinion regarding the authority
of the Texas Conrmission on Alcoholism under two bills enacted
by the 65th Legislature.
House Bill 321, Acts 1977, 65th Leg., ch. 553, at 1383,
codified as article 5561cc, V.T.C.S., establishes a procedure
by which the Commission is to license health care facilities
which treat alcoholics. The statute took effect September 1,
1977, except for section 2, which will take effect on
September 1, 1978. Section 2 provides:
A person who operates a health
care facility that treats alcohol-
ics may obtain a license issued
under this Act.
You ask what powers the Commission may exercise under this
statute prior to September 1, 1978.
Section 3(l) of article 5561~~ requires an applicant
for a license to "file a written application on a form
prescribed by the commission together with a license fee
of $25." Section 6 authorizes the Commission to make an
inspection of any facility seeking a license. Section 7(a)
empowers the Commission to "adopt rules, regulations, and
standards" with regard to licensed treatment facilities and
those seeking a license, and section 9(a) permits the
Commission to seek an injunction against any "person who
falsely represents a health care facility as licensed." In
our opinion, the Commission may act under each of these
p. 4528
Honorable Clinton Kersey - Page 2 (H-1106)
provisions of article 5561~ prior to September 1, 1978. It
may receive applications for licensing, inspect facilities,
adopt rules, regulations and standards, and petition for in-
junctive relief. The only authority which the Commission may
not exercise prior to September 1, 1978, is the actual issuance
of licenses to applicants. The statute clearly contemplates,
however, that it may do all things preliminary to the issuance
of a license prior to that date.
Senate Bill 620, Acts 1977, 65th Leg., ch. 440, at 1160,
amended section 12 of article 5561c, ~V.T.C.S. Prior to the
enactment of Senate Bill 620, section 12 authorized judges in
certain instances to remand a person "to the Commission or its
authorized representative for care and treatment for a period
not to exceed ninety (90) days." The amendment permits a judge
to remand a person "to the Commission, its authorized repre-
sentative, or a treatment facility approved by the Commission
for alcoholic detoxification or treatment purposes." (Emphasis
added). You ask whether this additional lanauaae-emoowers the
Commission to grant applications for approval prior to September 1,
1978, the date on which licenses may first be issued.
As noted above, we believe that the Commission is presently
authorized to adopt rules and set standards under section 7 of
article 5561~~. and to accept applications for licensing under
section 3 thereof. In our opinion, the Commission may, during
the period prior to September 1, 1978, treat license applications
as applications for approval under section 12 of article 5561~.
Section 7 of article 5561~~ establishes sufficient standards to
guide the Commission in its consideration of treatment facili-
ties. Furthermore, the language added to section 12 by Senate
Bill 620 probably does not enlarge upon the authority of the
Commission, since, even under prior law, a court could commit
a person to the Commission's "authorized representative."
Accordingly, it is our opinion that Senate Bill 620, by amending
section 12 of article 5561c, empowers the Commission to grant
applications for approval as alcoholic detoxification or treat-
ment facilities prior to September 1, 1978.
S UMMA RY
Under House Bill 621, Acts 1977, 65th Leg.,
ch. 553, at 1383, codified as article 5561cc,
V.T.C.S., the Texas Commission on Alcoholism
may receive applications for licensing, in-
spect facilities, adopt rules, regulations
and standards, and petition for injunctive
relief prior to September 1, 1978. Under
P. 4529
L I
Honorable Clinton Kersey - Page 3 (H-1106)
Senate Bill 620, Acts 1977, 65th Leg.,
ch. 440, at 1160, which amends section
12 of article 5561c, V.T.C.S., the
Commission may grant applications for
approval as alcoholic detoxification
or treatment facilities prior to
September 1, 1978, although licenses
may not be issued until that date.
Very truly yours,
Attorney General of Texas
APPROVED:
Opinion Committee
jst
p. 4530