MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, March 12, 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, March 12,
1997, in the Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair None
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 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 March 5, 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 617 by Moncrief, relating to the
licensure and regulation of nurses, including t8he
development of certain pilot programs by the Board of Nurse
Examiners, 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.
The following persons provided oral testimony on the
committee substitute for SB 617:
James Willmann, general counsel, Texas Nurses
Association, 7600 Burnet Rd., #440, Austin, Texas
78757.
Glenn D. Parker, director of finance, Texas Board of
Nurse Examiners, Guadalupe, #3-460 Austin, Texas
78701.
The following persons registered in opposition to the
committee substitute for SB 617, but did not testify:
Clair B. Jordan, R.N., executive director, Texas Nurses
Association, 7600 Burnet Rd., #440, Austin, Texas 78757.
Kathleen McCarthy, legislative aide, Professional
Nursing Legislative Agenda Coalition, 7600 Burnet Rd.,
#440, Austin, Texas 78757.
There being no other witnesses registered or responding to
the chair's call for public testimony related to the
committee substitute for SB 617, the chair closed public
testimony.
Senator Moncrief moved that the committee substitute for SB
617 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senators Patterson, Harris, Gallegos and West asked
unanimous consent to be shown voting "aye" on CSSB 617.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SB 617 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 11
"ayes" and 0 "nays."
8
The chair laid out SB 788 by Ellis, relating to the filing
of annual reports of community benefits plans by nonprofit
hospitals, and recognized the author to explain the bill.
The following person provided oral testimony on SB 788:
Ann Henry, director of data development and
management, Texas Department of Health, Austin, Texas
78756.
The following person registered in support of SB 788, but
did not testify:
Lisa McGiffert, senior policy analyst, Consumers
Union, 1300 Guadalupe, Suite 100, Austin, Texas 78701.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SB 788,
the chair closed public testimony.
Senators Patterson, Harris and Gallegos asked unanimous
consent to be shown voting "aye" on SB 788. There being no
objection, the motion prevailed by unanimous consent.
Senator Nixon moved that SB 788 be reported to the Senate
with the recommendation that it do pass and be printed.
The motion prevailed by a vote of 11"ayes" and 0 "nays."
The chair laid out SB 213 by Ellis, relating to the
establishment of child care training centers for certain
recipients of public assistance, and recognized the author
to explain the bill.
Senator Moncrief sent up a committee substitute, and the
chair recognized the author to explain the differences
between it and the bill as filed.
The following persons provided oral testimony on the
committee substitute for SB 213:
Charlotte Brantley, Texas Workforce Commission,
Austin, Texas.
Cindy Alexander, Comptroller of Public Accounts, 1509
Murray Ln., Austin, Texas 78703.
The following person provided oral and written testimony in
support of the committee substitute for SB 213:
Loretta Redwine Robertson, member, Texas Association
for the Education of Young Children, P.O. Box 141547,
Austin, Texas 78714.
The following persons registered in support of the
committee substitute for SB 213, but did not testify:
Melanie Rubin, director of public affairs, The Child
Care Group, 1221 Riverbend, #250, Dallas, Texas 75247.
Laverne A. Redwine, acting chair, Child Care Providers
Association of Texas, P.O. Box 141547, Austin, Texas
78714.
There being no other witnesses registered or responding to
the chair's call for public testimony related to the
committee substitute for SB 213, the chair closed public
testimony.
Senator Moncrief moved that the committee substitute for SB
213 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 213 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
11"ayes" and 0 "nays."
The chair laid out SCR 19 by Truan, memorializing the
Congress of the United States to amend federal law to allow
legal aliens access to food stamp benefits; SCR 20 by
Truan, requesting the United States Congress to waive the
work requirement for food stamp recipients living in labor
surplus areas; SCR 21 by Truan, memorializing the Congress
of the United States to amend federal law to allow legal
aliens access to Medicaid benefits; and SCR 22 by Truan,
memorializing the Congress of the United States to amend
federal law to allow legal aliens access to Supplemental
Security Income, and recognized the author to explain the
resolutions.
The following persons provided oral testimony on SCR 19,
SCR 20, SCR 21 and SCR 22:
Katrina Lyons, immigration/refugee specialist, Texas
Department of Human Services, Austin, Texas 78741.
Mike McKinney, commissioner, Health and Human Services
Commission, 4900 N. Lamar, Austin, Texas 78751.
Joe Branton, bureau chief, Texas Department of Health,
Austin, Texas.
Mark Hughes, director, Texas Workforce Commission,
Austin, Texas 78759.
The following persons registered in support of SCR 19, SCR
20, SCR 21 and SCR 22, but did not testify:
Nan Clayton, volunteer, American Association of
Retired Persons, 2909 Oak Lane, Austin, Texas 78704.
Lisa McGiffert, senior policy analyst, Consumers
Union, 1300 Guadalupe, Suite 100, Austin, Texas 78704.
Anne Dunkelberg, senior policy analyst, Center for
Public Policy Priorities, 900 Lydia St., Austin, Texas
78702.
Karen Fleshman, coordinator, United Network for
Immigrant and Refugee Rights, 1919 S. First St.,
Austin, Texas 78704.
Hannah Riddering, vice-president, Texas National
Organization for Women, 5911 Shoal Creek Blvd.,
Austin, Texas 78757.
Barbara Hines, attorney, 1005 E. 40th St., Austin,
Texas 78222.
Margarita Rodriguez, Legal Immigrants Losing SSI, 2334
Wilson, #206, Austin, Texas 78704.
Ismael Benitez, Legal Immigrants Losing SSI, 2322
Wilson, #101, Austin, Texas 78704.
Jim Allison, general counsel, County Judges and
Commissioners Association of Texas, 208 W. 14th St.,
Austin, Texas 78701.
Betty Armstrong, vice-president, County Judges
Commission of Texas, 300 W. 3rd, Corsicana, Texas
75110.
The following person registered in opposition to SCR 19,
SCR 20, SCR 21 and SCR 22, but did not testify:
Albert Cheng, legislative director, Free Market
Committee, P.O. Box 741777, Dallas, Texas 75374.
The following persons registered as resource witnesses on
SCR 19, SCR 20, SCR 21 and SCR 22, but did not testify:
Patricia Hall, director of programs, Texas Workforce
Commission, Austin, Texas 78759.
Judy L. Denton, supervisor of eligibility policy,
Texas Department of Human Services, 701 W. 51st St.,
Austin, Texas 78733.
Larry Jones, supervisor of labor force statistics,
Texas Workforce Commission, Austin, Texas 78759.
The following person provided written testimony in support
of SCR 19, SCR 20, SCR 21 and
SCR 22:
Veronica Flores, policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SCR 19,
SCR 20, SCR 21 and SCR 22, the chair closed public
testimony.
The chair left SCR 19, SCR 20, SCR 21 and SCR 22 pending at
the author's request.
At 8:35 a.m. Senator Nelson assumed presiding duties.
The chair laid out SB 55 by Zaffirini, relating to the
regulation of the sale or distribution of tobacco products;
providing penalties, and SB 64 by Moncrief, relating to
minimum standards for smoking in certain public places or
at certain public meetings; creating an offense and
providing penalties, and recognized the authors to explain
their bills.
The chair left SB 64 and SB 55 pending to take up and
consider SB 600.
At 8:55 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out SB 600 by Senator Harris, relating to
the collection and use of certain information by cancer
registries, and recognized the author to explain the bill.
The following person provided oral testimony on SB 600:
Nancy S. Weiss, director of cancer registry division,
Texas Department of Health, 1100 West 49th St.,
Austin, Texas 78756.
The following persons registered in support of SB 600, but
did not testify:
Laura E. Potts, vice-president of health information
services/quality management, MD Anderson Cancer
Network, 1300 W. Terrell, Fort Worth, Texas 76104.
Elizabeth Sjoberg, staff attorney, Texas Hospital
Association, P.O. Box 15587, Austin, Texas 78761.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SB 600,
the chair closed public testimony.
Senator Harris moved that SB 600 be reported to the Senate
with the recommendation that it do pass and be printed.
The motion prevailed by a vote of 11"ayes" and 0 "nays."
Senator Harris moved that SB 600 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 9:05 a.m. Senator Nelson resumed presiding duties.
The chair laid out anew SB 55 by Zaffirini, relating to the
regulation of the sale or distribution of tobacco products;
providing penalties, and SB 64 by Moncrief, relating to
minimum standards for smoking in certain public places or
at certain public meetings; creating an offense and
providing penalties, and recognized the authors.
Senator Moncrief sent up committee amendment 1 for SB 64
and moved its adoption. There being no objection, the
motion prevailed by unanimous consent.
The following persons provided oral testimony on SB 55 and
SB 64:
Susan Steeg, general counsel, Texas Department of
Health, 1100 W. 49th St., Austin, Texas 78756.
Dennis Baker, deputy bureau chief, Bureau of Food and
Drug Safety, Texas Department of Health, 1100 W. 49th
St., Austin, Texas 78756.
The following person provided oral testimony in support of
SB 64:
Larry Niemann, attorney, Texas Building Owners and
Managers Association, 1122 Colorado St., Austin, Texas
78701.
The following persons registered in support of SB 64, but
did not testify:
Allen Horne, director of legislative affairs, Texas
Hospital Association, P.O. Box 15587, Austin, Texas
78761.
David Reynolds, associate director of public affairs,
American Heart Association, Texas Affiliate, P.O. Box
15186, Austin, Texas 78761.
Jim Willmann, general counsel, Texas Nurses
Association, 7600 Burnet Rd., #440, Austin, Texas
78757.
Cindy Antolik, director of government relations,
American Cancer Society, 2433 Ridgepoint Dr., Austin,
Texas 78756.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SB 64, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown "present
not voting" on SB 64. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 64, as amended, be reported
to the Senate with the recommendation that
it do pass and be printed. The motion prevailed by a vote
of 10 "ayes" and 1 "present not voting."
The following persons provided oral testimony in support of
SB 55:
Bob Mayhan, member of executive committee, Tobacco
Free Greater Houston, 2800 Jeanetta, #411,
Houston, Texas 77063.
Billy B. Holland, 308 Fann Hill, Burnet, Texas 78611.
The following persons provided oral testimony on SB 55:
Danny F. Meadows, general manager, Ultramar Diamond
Shamrock, 100 Waugh Dr., Houston, Texas 77007.
Chuck Courtney, vice-president, Texas Retailers
Association, 504 W. 12th St., Austin, Texas 78701.
Ronnie Volkening, manager of government affairs, The
Southland Corporation, 2711 N. Haskell, Dallas, Texas
75204.
The following persons provided oral and written testimony
in support of SB 55:
Julie Moy, M.D., Smokeless Texas Coalition, 2710 Walsh
Tarlton, Austin, Texas 78746.
Mary Duty, legislative chair, Texas Congress of
Parents and Teachers, 703 N. Valley Mills Dr., Waco,
Texas 76710.
The following person provided written testimony on SB 55:
Susan Longley, Tobacco Institute, 815 Brazos, Suite
603, Austin, Texas 78701.
The following persons registered in support of SB 55, but
did not testify:
James H. Willman, general counsel, Texas Nurses
Association, 7600 Burnet Rd., #400, Austin, Texas
78757.
Cindy Antolik, director of government relations,
American Cancer Society, 2433 Ridgepoint Dr., Austin,
Texas 78756.
David Reynolds, associate director of public affairs,
American Heart Association, Texas Affiliate, P.O. Box
15186, Austin, Texas 78761.
Allen Horne, director of legislative affairs, Texas
Hospital Association, P.O. Box 15587, Austin, Texas
78761.
Bryan Sperry, Children's Hospital Association of
Texas, 701 Brazos, Austin, Texas 78704.
Troy Alexander, director of public affairs, Texas
Academy of Family Physicians, 2710 Walsh Tarlton,
Austin, Texas 78746.
There being no other witnesses registered or responding to
the chair's call for public testimony related to SB 55, the
chair closed public testimony with the exception of the
students who will testify on Wednesday, March 19, in
support the bill.
The chair left SB 55 pending at the author's request.
The chair laid out anew the committee substitute for SB
190, relating to the regulation of nursing homes and
similar facilities, and recognized the author.
The chair recognized Nick Dauster, legislative aide, Texas
Senate Committee on Health and Human Services, to provide
committee members with a brief status report regarding the
committee working groups' progress relating to SB 55.
At 10:30 Senator Zaffirini resumed residing duties.
The chair laid out SB 618 by Moncrief, relating to the
regulation of certain residential facilities; providing
civil penalties, 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.
The following persons provided oral testimony in support of
the committee substitute for SB 618:
Greg Hooser, Private Providers Association of Texas,
901 Congress, Austin, Texas 78701.
Diana Deaton, executive director, Texas Assisted
Living Association, 9903 B Hundred Oaks Circle,
Austin, Texas 78750.
Matt Matthews, president, Texas Organization of
Residential Care Homes, Austin Shangri-La, 14008 F.M.
969, Austin, Texas 78724.
Nan Clayton, volunteer, American Association of
Retired Persons, 2909 Oak Lane, Austin, Texas 78704.
David Latimer, vice-president of government affairs,
Texas Association of Homes and Services for the Aging,
2205 Hancock, Austin, Texas 78756.
The following person provided oral testimony on the
committee substitute for SB 618:
Marc Gold, manager of policy section, Texas Department
of Human Services, P.O. Box 149030, Austin, Texas
78741.
The following persons registered in support of the
committee substitute for SB 618, but did not testify:
Gloria Kauffman, R.N., president, Houston Association
of Residential Care Homes, Nissi Care Homes, Houston,
Texas 77058.
Charlie Soliz, president, c.e.o. and owner, San
Antonio Organization for Residential Care Homes, 451
CR 743, Yancey, Texas 78886.
Frances M. Keith, administrator/owner, San Antonio
Organization for Residential Care Homes, 123 Parland
Place, San Antonio, Texas 78209.
Cherry Collisto, president-elect, Houston Association
of Residential Care Homes, Tranquility Personal Care
Home, Inc., Houston, Texas 77077.
Ruby Shields, administrator, Texas Our Home, Inc., 446
Highfall Dr., Dallas, Texas 75232.
Tim Graves, deputy director, Texas Health Care
Association, P.O. Box 4554, Austin, Texas 78765.
Randy M. Griffin, president, Legacy Living Centers,
2213 Cross Bend, Plano, Texas 75023.
The following person provided oral and written testimony in
support of the committee substitute for SB 618:
Lauralee Harris, executive director, Mental Health
Association, 3136 W. 4th St., Fort Worth,
Texas 76117.
The chair left the committee substitute for SB 618 pending
due to time constraints.
By unanimous consent, upon a motion by Senator Moncrief,
the chair recessed the Texas Senate Committee on Health and
Human Services at 10:35 a.m. until 1:30 p.m., or 30 minutes
after the adjournment of the Texas Senate.
The chair reconvened the Texas Senate Committee on Health
and Human Services at 1:45 p.m.
The chair laid out anew the committee substitute for SB 618
by Moncrief, relating to the regulation of certain
residential facilities; providing civil penalties, and
recognized the author.
The following persons provided oral testimony in opposition
to SB 618:
Sid Rich, executive director, Texas Association of
Residential Homes, 4131 Spicewood Springs Rd., I-1,
Austin, Texas 78759.
Johnnie Benson, executive director, Heritage Square,
P.O. Box 50069, Fort Worth, Texas
76105.
There being no other witnesses registered or responding to
the chair's call for public testimony related to the
committee substitute for SB 618, the chair closed public
testimony.
The chair left the committee substitute for SB 618 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 2:30 p.m., subject to the
call of the chair.
_________________________________
Senator Judith Zaffirini, Chair
________________________________
Pam Crowley, Committee Clerk