MINUTES SENATE COMMITTEE ON HEALTH & HUMAN SERVICES Wednesday, February 19, 1997 8 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Texas Senate Committee on Health and Human Services was held on Wednesday, February 19, 1997, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Judith Zaffirini, Chair Senator Drew Nixon Senator Jane Nelson, Vice Chair Senator John Carona Senator Mario Gallegos Jr. Senator Michael Galloway Senator Chris Harris Senator Frank Madla Senator Mike Moncrief Senator Jerry Patterson Senator Royce West ***** The chair called the meeting to order at 8 a.m. There being a quorum present, the following business was transacted. The chair laid out the February 12, 1997, minutes and called for revisions. There being none, Senator Moncrief moved approval. There being no objection, the motion prevailed by unanimous consent. At 8:05 a.m. Senator Nelson assumed presiding duties. The chair laid out SB 444 by Zaffirini, relating to administration of vital statistics records, and recognized the author to explain the bill. The following person registered as a resource witness on SB 444, but did not testify: Richard Bays, state registrar, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. There being no other witnesses registered or responding to the chair's call for public testimony related to SB 444, the chair closed the public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on SB 444. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 444 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed with a vote of 10 "ayes" and 1 "absent." The chair laid out SB 290 by Zaffirini, relating to electronic assistance provided by the Health and Human Services Commission, and recognized the author to explain the bill. Senator Harris sent up a committee substitute and moved its adoption. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on CSSB 290, but did not testify: Cindy Alexander, Office of the Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78701. Edward Serna, director, Oversight Operations, Texas Department of Information Resources, 300 West 15th Street, Suite 1300, Austin, Texas 78737. Marina Henderson, executive deputy commissioner, Texas Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711-3247. Charles Stuart, associate commissioner, External Relations, Texas Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711-3247. There being no other witnesses registered or responding to the chair's call for public testimony related to CSSB 290, the chair closed public testimony. Senators Patterson and Gallegos asked unanimous consent to be shown voting "aye" on CSSB 290. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 290 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed with a vote of 10 "ayes" and 1 "absent." Senator Zaffirini moved that SB 444 and SB 290 be certified for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 8:20 a.m. Senator Zaffirini resumed presiding duties. The chair laid out SB 316 by Madla, relating to the location of community homes, and recognized the author to explain the bill. The following person registered in support of SB 316, but did not testify: Scott Forbes, assistant director, City of Houston Mayor's Office, 900 Bagby, Houston, Texas 77002. There being no other witnesses registered or responding to the chair's call for public testimony related to SB 316, the chair closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on SB 316. There being no objection, the motion prevailed by unanimous consent. Senator Madla moved that SB 316 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed with a vote of 10 "ayes" and 1 "absent." Senator Madla moved that SB 316 be certified for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 476 by Madla, relating to certain criminal background checks regarding applicants for and holders of chemical dependancy counselor licenses, and recognized the author to explain the bill. Senator Madla sent up a committee substitute and moved its adoption. There being no objection, the motion prevailed by unanimous consent. The following persons provided oral testimony in support of CSSB 476: Terry Sheneman, legislative chair, Texas Association of Alcoholism and Drug Abuse, 1033 La Posada Drive, Suite 220, Austin, Texas 78752-3880. The following persons provided oral testimony on CSSB 476: Reagan Faulkner, public policy manager, Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, Texas 78757. Robby Duffield, regulatory manager, Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, Texas 78757. There being no other witnesses registered or responding to the chair's call for public testimony related to CSSB 476, the chair closed public testimony. Senator Madla moved that SB 476 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed with a vote of 10 "ayes" and 1 "absent." The chair laid out SB 422 by Cain, relating to the licensure of a hospital with multiple premises under a single license and the provision of certain services by licensed hospitals, and recognized the author to explain the bill. Senator Cain sent up a committee substitute and moved its adoption. There being no objection, the motion prevailed by unanimous consent. The following persons provided oral testimony in support of CSSB 422: Matthew T. Wall, associate general counsel, Texas Hospital Association, 6225 U.S. Highway 290 East, Austin, Texas 78723. Ed Berger, assistant to the chief executive officer, Seton Healthcare Network, 1201 West 38th Street, Austin, Texas 78705. The following persons registered as resource witnesses on CSSB 422, but did not testify: John Evans, director, Hospital Licensing, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Linda Wiegman, attorney, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. There being no other witnesses registered or responding to the chair's call for public testimony related to CSSB 422, the chair closed public testimony. Senator Nelson moved that SB 422 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed with a vote of 10 "ayes" and 1 "absent." The chair laid out SB 434 by Harris, relating to the provision of mental health services, including the review of agency rulemaking by the Health and Human Services Commission and the creation of an advisory committee on inpatient mental health services, and recognized the author to explain the bill. The following persons provided oral testimony in support of SB 434: Matthew T. Wall, associate general counsel, Texas Hospital Association, 6225 U.S. Highway 290 East, Austin, Texas 78723. Gail M. Oberta, administrator/chief executive officer, Texas Hospital Association, 3501 Mills Avenue, Austin, Texas 78731. The following persons provided oral and written testimony on SB 434: Linda Logan, director, Policy Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711. Nance Stearman, director, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. There being no other witnesses registered or responding to the chair's call for public testimony related to SB 434, the chair closed public testimony. Senators Gallegos, Galloway and West asked unanimous consent to be shown voting "aye" on SB 434. There being no objection, the motion prevailed. Senator Harris moved that SB 434 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed with a vote of 10 "ayes" and 1 "absent." Senator Harris moved that SB 434 be certified for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 388 by Whitmire, relating to the provision of Texas Poison Center Network Services to other jurisdictions and entities, and recognized Senator Gallegos to explain the bill. The following person provided oral testimony in support of SB 388: Douglas J. Borys, chair, Texas Poison Center Network, 2401 South 31st Street, Temple, Texas 76502. The following persons registered in support of SB 388, but did not testify: Ron Harris, chair, Advisory Commission on State Emergency Commissioners, 210 South McDonald, McKinney, Texas 75065. Dwayne Anderson, program director, Clean Water Action, 815 Brazos, Suite 704, Austin, Texas 78701. The following persons registered as resource witnesses on SB 388, but did not testify: Dennis Perrotta, chief, Bureau of Epidemiology, 1100 West 49th Street, Austin, Texas 78759. James D. Goerise, executive director, Advisory Commission on State Energy, 233 Guadalupe, Austin, Texas 78701 Andrea Cowan, manager, Texas Performance Review, Office of the Comptroller, 111 East 17th Street, Austin, Texas 78701. There being no other witnesses registered or responding to the chair's call for public testimony related to SB 388, the chair closed public testimony. Senator Carona asked unanimous consent to be shown voting "aye" on SB 388. There being no objection, the motion prevailed. Senator Gallegos moved that SB 388 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed with a vote of 10 "ayes" and 1 "absent." Senator Gallegos moved that SB 388 be certified for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. With no other business to come before the committee and upon a motion by Senator Nelson, the chair recessed the committee by unanimous consent at 9:20 a.m., subject to the call of the chair. ______________________________ Senator Judith Zaffirini, Chair _____________________________ Pam Crowley, Committee Clerk