Texas Attorney General Opinion: JM-652 Page: 2 of 9
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Mr. Ross Newby - Page 2 (JM-652)
V.T.C.S. art. 4437h, 3.
Article 5561cc, V.T.C.S., confers on the commission the specific
authority to regulate alcohol treatment facilities and provides at
section 4 that
[t]he commission shall issue a license to a person
who has: (1) complied with the license applica-
tion requirements in Section 3 of this Act; and
(2) received approval of the facility after an
on-site inspection. (Emphasis added).
See also V.T.C.S. art. 5561c-2, 1.14(a)(9). Section 1(10) of article
5561cc, V.T.C.S., specifies that
'Alcohol treatment facility' means a public or
private hospital, clinic, detoxification facility,
primary care facility, intermediate care facility,
long-term care or outpatient care facility,
community mental health center, recovery center,
halfway house, ambulatory care facility, or any
other facility that purports to provide alcohol or
combined alcohol and drug treatment services and
rehabilitation services as one of its programs.
The term does not include an educational program
for intoxicated drivers or the office of a private
licensed health care practitioner.
Section 6 specifically authorizes the commission to conduct on-site
inspections and sets forth the following:
Sec. 6. (a) The commission or its authorized
representative may enter upon the premises of a
facility at reasonable times to make an inspection
the commission considers necessary. The inspec-
tion is subject to the limitations imposed under
Chapter 387, Acts of the 65th Legislature, Regular
Session, 1977 (Article 4437h, Vernon's Texas Civil
Statutes).
(b) If the applicant or licensee is a health
care facility as defined by Chapter 387, Acts of
the 65th Legislature, Regular Session, 1977,
(Article 4437h, Vernon's Texas Civil Statutes),
on-site inspections by the commission must comply
with the provisions of that Act. In cases in
which an applicant or licensee is not covered by
that Act, the commission may enter into inter-
agency agreements to avoid duplication of efforts
and to conserve state resources in relation to its
p. 2963L.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-652, text, March 23, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273090/m1/2/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.