MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, February 26, 1997
8 a.m.
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Health and
Human Services was held on Wednesday, February 26, 1997, in
the Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair Senator Jerry
Patterson
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 Drew Nixon
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 19, 1997, minutes and called
for revisions. There being none, Senator Nelson moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
The chair laid out SB 399 by Nelson, relating to the
employment status of employees of the Texas Department of
Mental Health and Mental Retardation, and recognized the
author to explain the bill.
The following person provided oral testimony on SB 399:
Don Gilbert, commissioner, Texas Department of Mental
Health and Mental Retardation, P.O. Box 12668 Capitol
Station, Austin, Texas 78701
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 399, the chair
closed public testimony.
The chair left SB 399 pending at the author's request.
The chair laid out SB 65 by Moncrief, relating to the
regulation of family homes that care for children that are not
the caretaker's own; providing penalties, and recognized the
author to explain the bill.
The following person provided oral testimony in support of SB
65:
Jack Heeney, president, Texas Licensed Child Care
Association, 9433 Fredericksburg Road, San Antonio, Texas
78240.
The following persons provided oral testimony on SB 65:
Karen Eells, director, Child Care Licensing, Texas
Department of Protective and Regulatory Services, 701
West 51st Street, Austin, Texas 78751.
Howard Baldwin, deputy director, Texas Department of
Protective and Regulatory Services, 701 West 51st Street,
Austin, Texas 78751.
The following person registered in support of SB 65, but did
not testify:
Ed Bloom, executive director, Texas Association for the
Education of Young Children, 7701 North Lamar, Austin,
Texas 78752.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 65, the chair
closed public testimony.
The chair left SB 65 pending at the author's request.
The chair laid out SB 162 by Barrientos, relating to
prevention and treatment of diabetes, and recognized the
author to explain the bill.
The following person provided oral testimony in support of SB
162:
Pam Scarborough, rehabilitation director, Integrated
Health Care Services, Symphony Home Health Care, 600 E.
Carpenter Freeway, # 300, Irving, Texas 78759.
The following persons provided oral testimony on SB 162:
Cindy Alexander, Office of the Comptroller of Public
Accounts, 111 East 17th Street, Austin, Texas 78703.
Debra F. Owens, director, Texas Diabetes Council, 1100
West 49th Street, Austin, Texas 78756.
Paul Bollinger, government relations, American Diabetes
Association, 9370 Research Blvd., Austin, Texas 78759.
The following person provided oral and written testimony in
support of SB 162:
Wendell Mayes Jr., director, American Diabetes
Association, 1907 North Lamar, Suite 200, Austin, Texas
78703.
The following person provided oral and written testimony in
opposition to SB 162:
Michael Pollard, executive director, Texas Life Insurance
Association, 720 Brazos,
Suite 202, Austin, Texas 78701.
The following persons registered in support of SB 162, but did
not testify:
Heather Vasek, Texas Association for Home Care, 3737
Executive Center Drive #151, Austin, Texas 78731.
Edith Partin, director, Texas Diabetes Institute, 8714
Greenthread, San Antonio, Texas 78240.
Julie Meyer, Individuals with Diabetes, 3019 Oneida, San
Antonio, Texas 78230.
Barbara Walz, registered nurse, Texas Diabetes Institute,
25047 Toutant Beauregard, San Antonio, Texas 78255.
Brad Shields, Texas Society of Health System Pharmacists,
1300 Guadalupe #200, Austin, Texas 78701.
Greg Hooser, Texas Dietetic Association, 901 Congress,
Austin, Texas 78701.
Frank Jackson, associate director, Government Affairs,
Bristol-Myers Squibb Co., Austin, Texas 78701.
Lane A. Zivley, executive director, Texas Public
Employers Association, P.O. Box 12217, Austin, Texas
78711.
Terry Boucher, executive director, Texas Osteopathic
Medical Association, 1415 Lavaca Street, Austin, Texas
78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 162, the chair
closed public testimony.
Senator West sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator West moved that the amendment adopted be rolled into a
committee substitute for
SB 162 and that the committee substitute be adopted. The
motion prevailed by unanimous consent.
Senator Harris asked unanimous consent to be shown voting
"aye" on CSSB 162. There being no objection, the motion
prevailed by unanimous consent.
Senator West moved that SB 162 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 by a vote of 9 "ayes," 1 "nay" and 1
"absent."
At 9 a.m. Senator Nelson assumed presiding duties.
The chair laid out SB 273 by Zaffirini, relating to
development of a statewide consumer guide for senior citizens,
and recognized the author to explain the bill.
Senator Zaffirini sent up a committee substitute and explained
the differences between it and the bill as filed.
The following persons provided oral testimony on the committee
substitute for SB 273:
Karl Urban, Texas Department on Aging, P.O. Box 12781,
Austin, Texas 78711.
Cindy Alexander, Office of the Comptroller of Public
Accounts, 111 East 17th Street, Austin, Texas 78703.
Bee Moorhead, policy analyst, Office of the Comptroller
of Public Accounts, 111 East 17th Street, Austin, Texas
78756.
John Garvin, director, Housing Resource Center, Texas
Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78711.
The following persons registered in support of the committee
substitute for SB 273, but did not testify:
Kim Kirchoff, director, Health and Human Services, Area
Agencies on Aging, 1305 San Antonio Street, Austin, Texas
78701.
Aaryce Hayes, program specialist, Advocacy, Inc., 7800
Shoal Creek Blvd., #171 E, Austin, Texas 78757.
Greg Horser, Texas Hospice Organization, 901 Congress,
Austin, Texas 78701.
Andrew Brown, Texas Association of Homes and Services for
the Aging, 2205 Hancock Drive, Austin, Texas 78757.
Bruce Bower, attorney, 506 Gate Tree Lane, Austin, Texas
78745.
Tim Graves, deputy director, Texas Health Care
Association, P.O. Box 4554, Austin, Texas 78765.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 273, the chair closed public testimony.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Zaffirini moved that the amendment adopted be rolled
into a new committee substitute for SB 273 and that the new
committee substitute be adopted. There being no objection, the
motion prevailed by unanimous consent.
Senator Zaffirini moved that SB 273 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 by a vote of 10 "ayes" and 1
"absent."
The chair laid out SB 115, relating to certain investigations
conducted by the Department of Protective and Regulatory
Services, and recognized the author to explain the bill.
Senator Zaffirini sent up a committee substitute and explained
the differences between it and the bill as filed.
The following person provided oral testimony in support of the
committee substitute for SB 115:
Aaryce Hayes, program specialist, Advocacy, Inc., 7800
Shoal Creek Blvd., #171 E, Austin, Texas 78758.
The following person registered in support of the committee
substitute for SB 115, but did not testify:
Melanie Gantt, public affairs, Texas Mental Health
Association, 8401 Shoal Creek Blvd., Austin, Texas 78757.
The following persons registered on the committee substitute
for SB 115, but did not testify:
Don Gilbert, commissioner, Texas Department of Mental
Health and Mental Retardation, 701 West 51st Street,
Austin, Texas 78752.
Bette M. Mitchell, director, Adult Protective Services,
Texas Department of Protective and Regulatory Services,
701 West 51st Street, Austin, Texas 78752.
Howard Baldwin, deputy director, Texas Department of
Protective and Regulatory Services, 701 West 51st Street,
Austin, Texas 78752.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 115, the chair closed public testimony.
Senator Zaffirini moved that the committee substitute for SB
115 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 115 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 by a vote of 10 "ayes" and 1
"absent."
The chair laid out SB 116, relating to investigations
conducted by the Department of Protective and Regulatory
Services, and recognized the author to explain the bill.
Senator Zaffirini sent up a committee substitute and explained
the differences between it and the bill as filed.
The following person provided oral testimony in support of the
committee substitute for SB 116:
Aaryce Hayes, program specialist, Advocacy, Inc., 7800
Shoal Creek Blvd., #171 E, Austin, Texas 78757.
The following person registered in support of the committee
substitute for SB 116, but did not testify:
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
The following persons registered on the committee substitute
for SB 116, but did not testify:
Nance Stearman, director, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756.
Don Gilbert, commissioner, Texas Department of Mental
Health and Mental Retardation, 701 West 51st Street,
Austin, Texas 78752.
Howard Baldwin, deputy director, Texas Department of
Protective and Regulatory Services, 701 West 51st Street,
Austin, Texas 78751.
Marina Henderson, executive deputy commissioner, Health
and Human Services Commission, P.O. Box 13247, Austin,
Texas 78711-3247.
Charles Stuart, associate commissioner, External
Relations, Health and Human Services Commission, P.O. Box
13247, Austin, Texas 78711-3247.
Bettye M. Mitchell, director, Adult Protective Services,
Texas Department of Protective and Regulatory Services,
701 West 51st Street, Austin, Texas 78752.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 116, the chair closed public testimony.
Senator Zaffirini moved that the committee substitute for SB
116 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 116 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. There being no objection, the motion prevailed by a
vote of 10 "ayes" and 1 "absent."
At 9:30 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out anew SB 399 by Nelson, relating to the
employment status of employees of the Texas Department of
Mental Health and Mental Retardation, which had been left
pending, and recognized the author.
Senator Nelson sent up a committee amendment and moved its
adoption. The motion prevailed by a vote of 6 "ayes," 2
"nays" and 3 "absent."
The following persons provided oral testimony in opposition to
SB 399:
Kenny Strickland, Texas State Employees Union, 50
Camellia, San Antonio, Texas 78209.
Jerell W. Tillis, supervisor, Austin, State School, 1403
Harvex Street, Austin, Texas 78702.
The following person provided oral and written testimony in
opposition to SB 399:
Travis Donoho, legislative representative, Texas State
Employees Union, 2700 S. 1st Street, Building C, Austin,
Texas 78704.
The following person registered in opposition to SB 399, but
did not testify:
D.L. Dally Willis, legislative representative,
Communications Workers of America. 1028 East 12th,
Austin, Texas 78702.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 399, the chair
closed public testimony.
The chair left SB 399 pending at the author's request.
Senator Nelson moved that CSSB 115 and CSSB 116 be certified
for the local and uncontested calendar. There being no
objection, the motion prevailed by unanimous consent.
By unanimous consent, upon a motion by Senator Carona, the
chair recessed the Texas Senate Committee on Health and Human
Services at 9:50 a.m. until 10 a.m.
The chair re-convened the Texas Senate Committee on Health and
Human Services at 10 a.m.
The chair laid out SB 414 by Moncrief, relating to certain
advance directives for medical treatment, and recognized the
author to explain the bill.
Senator Moncrief sent up a committee substitute and explained
the differences between it and the bill as filed.
At 10:05 a.m. Senator Nelson assumed presiding duties.
The following person provided oral testimony in support of the
committee substitute for SB 414:
William L. Broussard, Texas Conference of Catholic Health
Facilities, 1625 Rutherford, Austin, Texas 78754.
The following person provided oral testimony in opposition to
the committee substitute for SB 414:
Richard Ford, chair, Free Market Committee, P.O. Box
741777, Dallas, Texas 75374.
The following persons provided oral and written testimony in
opposition to the committee substitute for SB 414:
Joseph Pojman, Greater Austin Right to Life Committee,
2026 Guadalupe Street, Suite 312, Austin, Texas 78705.
Mary Lee Harris, Older Citizens and Children, 1708 Egger,
Round Rock, Texas 78664.
The following person provided written testimony in support of
the committee substitute for SB 414:
The Rev. Chuck Meyer, vice president, Operations
Department, St. David's Medical Center, 919 East 32nd
Street, Austin, Texas 78705.
The following persons registered in support of the committee
substitute for SB 414, but did not testify:
Larry Farrow, executive director, Texas Hospice
Organization, 3724 Jefferson, Suite 318, Austin, Texas
78731.
Elizabeth Sjoberg, staff attorney, Texas Hospital
Association, P.O. Box 15587, Austin, Texas 78761.
Jan Thompson, attorney, Texas Health Care Association,
700 Lavaca, Suite 1200, Austin, Texas 78701.
Hugh M. Barton, assistant general counsel, Texas Medical
Association, 901 West 15th Street, Austin, Texas 78701.
Melanie Gantt, public affairs, Texas Mental Health
Association, 8401 Shoal Creek Blvd., Austin, Texas 78757.
Greg Hooser, Texas Hospice Association, 901 Congress,
Austin, Texas 78701.
Andrew Brown, Texas Association of Homes and Services for
the Aging, 2205 Handcock Drive, Austin, Texas 78757.
Steve Montgomery, manager, Harris Methodist Health
System, 6000 Western Place, # 740, Ft. Worth, Texas
76107.
Arana Hagan, hospice specialist, Texas Association for
Home Care, 3737 Executive Center Drive, #151, Austin,
Texas 78731.
The following person registered on the committee substitute
for SB 414, but did not testify:
Pam West, assistant EMS bureau chief, 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 the committee
substitute for SB 414, the chair closed public testimony.
The chair left the committee substitute for SB 414 pending at
the author's request.
With no other business to come before the committee and upon a
motion by Senator Moncrief, the chair recessed the committee
by unanimous consent at 11 a.m., subject to the call of the
chair.
____________________________
Senator Judith Zaffirini, Chair
_____________________________
Pam Crowley, Committee Clerk