MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, March 26, 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 26,
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 19, 1997, minutes and called for
revisions. There being none, Senator Moncrief moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
The chair laid out anew the committee substitute for SB 359 by
Senator Brown, relating to the continuation and operation of
the Department of Protective and Regulatory Services, the
provision of services to children and families, and suits
affecting the parent-child relationship; providing penalties,
which had been left pending, and recognized the author.
The following persons registered as resource witnesses on the
committee substitute for SB 359, but did not testify:
Howard G. Baldwin, deputy director, Texas Department of
Protective and Regulatory Services, 701 W. 51st, Austin,
Texas 78751.
Zoe Messinger, staff attorney, Sunset Advisory
Commission, P.O. Box 13066, Austin, Texas 78711.
The following person registered in support of the committee
substitute for SB 359, but did not testify:
Aaryce Hayes, program specialist, Advocacy, Inc., 7800
Shoal Creek #171-E, Austin, Texas 78758.
The following persons registered in opposition to the
committee substitute for SB 359, but did not testify:
David A. Shelton, president, Texas Father's Alliance,
1336 E.C.R. 109, Venus, Texas 76084.
Rita Powell, executive director, Texas Association of
Licensed Children's Services, 4701 Westgate Blvd., Suite
B-202, Austin, Texas 78745.
The following person registered on the committee substitute
for SB 359, but did not testify:
Pat McDowell, presiding judge, Board of Regional Judges,
Crowley Courts Building,
133 N. Industrial, Dallas, Texas 75207.
Senator Nelson sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson sent up committee amendment 3 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson sent up committee amendment 4 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that the amendments adopted be rolled
into a new committee substitute for
SB 359 and that the committee substitute, as amended, be
adopted. There being no objection, the motion prevailed by
unanimous consent.
Senators Carona and Patterson asked unanimous consent to be
shown voting "aye" on CSSB 359. There being no objection, the
motion prevailed by unanimous consent.
Senator Nelson moved that SB 359 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 SB 208 by Senator Haywood, relating to the
disclosure of certain information regarding certain patients
of a physician, and recognized the author to explain the bill.
Senator Nelson sent up a committee substitute, and the chair
recognized the author to explain the differences between it
and the bill as filed.
The following person provided oral testimony on the committee
substitute for SB 208:
Susan Stone, M.D., associate medical director, Texas
Department of Mental Health and Mental Retardation, P.O.
Box 12668, Austin, Texas 78711.
The following persons registered as resource witnesses on the
committee substitute for SB 208, but did not testify:
Thomas H. Bacus, judge, County Court at Law, Wichita
County, 2726 Devon, Wichita Falls, Texas 76308.
Sue Nunn, coordinator, Wichita County Mental Health,
Wichita County Courthouse, 900 7th, Wichita Falls, Texas
76301.
The following person registered in support of the committee
substitute for SB 208, but did not testify:
Beth Mitchell, attorney, Advocacy, Inc., 7800 Shoal Creek
Blvd., Suite 171-E, 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 208, the chair closed public testimony.
Senator Nelson moved that the committee substitute for SB 208
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senators Harris and Moncrief asked unanimous consent to be
shown voting "aye" on CSSB 208. There being no objection, the
motion prevailed by unanimous consent.
Senator Nelson moved that SB 208 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."
Senator Nelson moved that CSSB 208 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1112 by Senators Ellis, Zaffirini and
West, relating to development of a statewide consumer guide on
child care, and recognized Senator Ellis to explain the bill.
Senator Nelson sent up a committee substitute, and the chair
recognized Senator Ellis to explain the differences between it
and the bill as filed.
The following persons provided oral testimony in support of
the committee substitute for SB 1112:
Jeannette Watson, chair, Texas Child Care Working Group,
3607 Doe Trail, #5, Austin, Texas 78746-6675.
Ed Bloom, executive director, Texas Association for the
Education of Young Children, 7701 N. Lamar, Austin,
Texas 78752.
The following persons provided oral testimony on the committee
substitute for SB 1112:
Cindy Alexander, Office of the Comptroller of Public
Accounts, 111 E. 17th St., Austin, Texas, 78703.
Charles Martin, program manager, Texas Workforce
Commission, 101 E. 15th St., Austin, Texas 78711.
The following persons registered as resource witnesses on the
committee substitute for SB 1112, but did not testify:
Kingsberry Otto, attorney, Texas Department of Protective
and Regulatory Services, 53 Oaks Place, Lago Vista, Texas
78645.
Charlotte Brantley, director of child care department,
Texas Workforce Commission, 101 E. 15th St., Austin,
Texas 78778-0001.
The following persons registered in support of the committee
substitute for SB 1112, but did not testify:
Loretta Redwing Robertson, administrator, Foundation for
Texas Children, P.O. Box 141547, Austin, Texas 78714.
Christine Devall, public affairs specialist, Mental
Health Association in Texas, 8401 Shoal Creek, Austin,
Texas 78757.
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
The following person provided written testimony in support of
the committee substitute for SB 1112:
Laverne A. Redwine, president, 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 1112, the chair closed public testimony.
Senator Nelson moved that the committee substitute for SB 1112
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that SB 1112 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."
Senator Nelson moved that CSSB 1112 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1113 by Ellis, Zaffirini and West,
relating to a state tax refund and federal income tax credit
available to certain employers of AFDC recipients, and
recognized Senator Ellis to explain the bill.
The following person provided oral testimony in support of SB
1113:
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
The following persons registered as resource witnesses on SB
1113, but did not testify:
Sandra Hightower, program specialist, Texas Department of
Human Services, 1701 Alta Vista, Austin, Texas 78704.
Cindy Alexander, Office of the Comptroller of Public
Accounts, 111 E. 17th St., Austin, Texas 78711.
Pat Neuman, program specialist, Texas Workforce
Commission, 101 E. 15th, Room 144T, Austin, Texas 78778.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1113, the
chair closed public testimony.
Senator Moncrief moved that SB 1113 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 Moncrief moved that SB 1113 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1114 by Senators Ellis, West and
Zaffirini, relating to the establishment of a "wheels for
work" pilot program to assist certain recipients of AFDC, and
recognized Senator Ellis to explain the bill.
The following person registered in support of SB 1114, but did
not testify:
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
The following person registered as a resource witness on SB
1114, but did not testify:
Pat Neuman, program specialist, Texas Workforce
Commission, 101 E. 15th, Room 144T, Austin, Texas 78778.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1114, the
chair closed public testimony.
Senator Moncrief moved that SB 1114 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 Moncreif moved that SB 1114 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 609 by Senator Madla, relating to the
regulation of pharmacies and pharmacists; providing a penalty,
and recognized the author to explain the bill.
The following person provided oral testimony on SB 609:
Gay Dodson, director of pharmacy, Texas State Board of
Pharmacy, 333 Guadalupe Suite 3-600, Austin, Texas 78701.
The following persons registered in support of SB 609, but did
not testify:
Brad Shields, lobbyist, Texas Society of Health System
Pharmacists, 1300 Guadalupe #200, Austin, Texas 78701.
Donna Rogers, president, Texas Society of Health System
Pharmacists, 2 Enchanted Wood, San Antonio, Texas 78248.
Richard P. Knoespel, manager, State Government Relations,
American Home Products Corporation, P.O. Box 457, Euless,
Texas 76039.
Karen Kenney Reagan, senior director, Public Affairs,
Texas Pharmacy Association, P.O. Box 14709, Austin, Texas
78761.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
Chuck Courtney, vice president, Texas Retailers
Association/Texas Federation of Drug Stores, 504 W. 12th
St., Austin, Texas 78701.
David Gonzales, government relations, Legend Pharmacies
Southwest, 1800 Guadalupe, Suite D., Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 609, the chair
closed public testimony.
Senator Madla sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senators Nelson and West asked unanimous consent to be shown
voting "aye" on SB 609. There being no objection, the motion
prevailed by unanimous consent.
Senator Madla moved that SB 609, 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," 0
"nays" and 1 "absent."
Senator Madla moved that SB 609 be certified for the local and
uncontested calendar. There being no objection, the motion
prevailed by unanimous consent.
The chair laid out SB 751 by Senator Moncrief, relating to
restrictions on providing transportation for certain health
care purposes, and recognized the author to explain the bill.
The following person provided oral testimony in support of SB
751:
David R. Hadley, director of support services/chief
executive officer, Harris Methodist Hospital, 6100 Harris
Parkway, Fort Worth, Texas 76132.
The following persons registered in support of SB 751, but did
not testify:
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
Dinah S. Welsh, director, Government Affairs, 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 751, the chair
closed public testimony.
Senators Nelson and West asked unanimous consent to be shown
voting "aye" on SB 751. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 751 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that SB 751 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 972 by Senator Harris, relating to
mental health treatment decisions made on behalf of an
incapacitated individual and authorizing a declaration for
mental health treatment, and recognized the author to explain
the bill.
Senator Harris sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Harris sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following persons provided oral testimony in support of SB
972:
Beth Mitchell, attorney, Advocacy, Inc., 7800 Shoal Creek
Blvd., Suite 171-E, Austin, Texas 78757.
Mary Dees, 2312 Rogge Ln., Austin, Texas 78723.
The following persons registered in support of SB 972, but did
not testify:
Andrew B. Goewey, 606 W. 17th St. #309, Austin, Texas
78701.
Allen Horne, director, Legislative Affairs, Texas
Hospital Association, 6225 US Hwy 290 E., Austin, Texas
78761.
Loretta J. Abel, 8915 Glenn Lane, Austin, Texas 78753.
Carolyn S. Marley, 1401 E. Rundberg #302, Austin, Texas
78753.
Christine Devall, public affairs specialist, Mental
Health Association of Texas, 8401 Shoal Creek, Austin,
Texas 78757.
Karen King, 1114 W. 7th St. # 201, Austin, Texas 78703.
Charles Locklin, family member and advocate, Texas
Alliance for the Mentally Ill, 7507 Long Point Dr.,
Austin, Texas 78731.
Amado Soriano, 6301 Berkman Dr., Apt. #210, Austin, Texas
78723.
Diana C. Cox, advocate, Advocacy, Inc., 12711 Timberside
Dr., Austin, Texas 78727.
Aaryce Hayes, 1334 Neans, Austin, Texas 78758.
Joe Lovelace, president, Texas Alliance for the Mentally
Ill, 9332 Forestridge Dr., Dallas, Texas 75238.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 972, the chair
closed public testimony.
Senators Nelson, Gallegos and West asked unanimous consent to
be shown voting "aye" on SB 972. There being no objection,
the motion prevailed by unanimous consent.
Senator Harris moved that SB 972, 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," 0
"nays" and 1 "absent."
Senator Harris moved that SB 972 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 9:15 a.m. Senator Moncrief assumed presiding duties.
The chair laid out SB 908 by Senator Zaffirini, relating to
the licensing and inspection of certain hospitals, and
recognized the author to explain the bill.
The following persons registered as resource witnesses on SB
908, but did not testify:
John Evans, hospital licensing director, Texas Department
of Health, 1100 W. 49th St., Austin, Texas 78756.
Susan Steeg, general counsel, Texas Department of Health,
1100 W. 49th St., Austin, Texas 78737.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 908, 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.
Senators Nelson and West asked unanimous consent to be shown
voting "aye" on SB 908. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 908, 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,"
0 "nays" and 1 "absent."
Senator Zaffirini moved that SB 908 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
Senator Zaffirini resumed presiding duties at 9:25 a.m.
The chair laid out SB 952 by Senator Moncrief, relating to
anatomical gifts and donor cards, and recognized the author to
explain the bill.
The following persons provided oral testimony in support of SB
952:
Lawrence Schkade, 1616 Stoneleigh #2004, Arlington, Texas
76011.
Charles T. Van Buren, professor of surgery, University of
Texas Medical School at Houston, 6431 Fannin St.,
Houston, Texas 77030.
The following persons provided oral testimony in opposition to
SB 952:
Bess Beliveaux, executive director, Lions Eye Bank of
Central Texas, 3922 Balcones Drive, Austin, Texas 78731.
Maureen Anne Lopez, president/chief executive officer,
San Antonio Eye Bank, 730 N. Main #312, San Antonio,
Texas 78205.
The following person provided oral and written testimony in
support of SB 952:
Teresa Shafer, chief operating officer, Life Gift Organ
Donation Center, 1701 River Run, Fort Worth, Texas 76116.
The following persons registered in support of SB 952, but did
not testify:
Liz Leonard, senior recovery coordinator, South Texas
Organ Bank, 3500 Oakmont Blvd., Suite 205, Austin, Texas
78731.
Tony Ronquillo, manager, Community Relations, South Texas
Organ Bank, 8122 Datapoint Dr., Suite 1150, San Antonio,
Texas 78229.
Alfred Gilchrist, legislative director, Texas Medical
Association, 401 W. 15th St., Austin, Texas 78701.
Dinah S. Welsh, director, Governmental Affairs, 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 952, the chair
closed public testimony.
Senator Carona sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senators Nelson and West asked unanimous consent to be shown
voting "aye" on SB 952. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 952, as amended, be reported to
the Senate with the recommen-dation that it do pass and be
printed. The motion prevailed by a vote of 9 "ayes," 1 "nay"
and 1 "absent."
The chair laid out SB 752 by Senator Moncrief, relating to the
disclosure of health care information, and recognized the
author to explain the bill.
The following persons provided oral testimony in support of SB
752:
Teresa Shafer, chief operating officer, Life Gift Organ
Donation Center, 1701 River Run, Fort Worth, Texas 76116.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
Dinah S. Welsh, director, Governmental Affairs, 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 752, the chair
closed public testimony.
Senator Carona sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The chair left SB 752 pending temporarily.
At 10 a.m. Senator Harris assumed presiding duties.
The chair laid out SB 786 by Senator Madla, relating to the
authority of pharmacists to administer immunizations, and
recognized the author to explain the bill.
Senator Madla 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 786:
O.C. Houston, member, Texas Pharmacy Association, 2115 E.
Martin Luther King, Austin, Texas 78702.
Tony Dasher, Texas Pharmacy Association, 7220 Louis
Pasteur, San Antonio, Texas 78229.
Donna Rogers, president, Texas Society of Health System
Pharmacists, 2 Enchanted Wood, San Antonio, Texas 78248.
The following persons provided oral testimony on the committee
substitute for SB 786:
James Willmann, general counsel, Texas Nurses
Association, 7600 Burnet Rd., #440, Austin, Texas 78757.
David Morehead, M.D., Texas Medical Association, Texas
Pediatric Society and Texas Academy of Family Physicians,
2630 Marland Wood Circle, Temple, Texas 76502.
The following persons registered as resources witnesses on the
committee substitute for SB 786, but did not testify:
Diane Simpson, M.D., associate commissioner, Texas
Department of Health, 1100 W. 49th St., Austin, Texas
78756.
Gay Dodson, director of compliance, Texas State Board of
Pharmacy, 333 Guadalupe, Suite 3-600, Austin, Texas
78701.
The following persons registered in support of the committee
substitute for SB 786, but did not testify:
Brad Shields, lobbyist, Texas Society of Health System
Pharmacists, 1300 Guadalupe, #200, Austin, Texas 78701.
Chuck Courtney, vice president, Texas Retailers
Association/Texas Federation of Drug Stores, 504 W. 12th
St., Austin, Texas 78701.
Karen Kenney Reagan, senior director, Public Affairs,
Texas Pharmacy Association, P.O. Box 14709, Austin, Texas
78761.
David Gonzales, director, Governmental Relations, Legend
Pharmacists S.W., 1800 Guadalupe, Suite D., Austin, Texas
78701.
The following person provided written testimony on the
committee substitute for SB 786:
Richard P. Knoespel, regional manager, State Government
Relations, American Home Products Corporation, P.O. Box
457, Euless, Texas 76039.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 786, the chair closed public testimony.
The chair left the committee substitute for SB 786 pending at
the author's request.
By unanimous consent the chair recessed the Texas Senate
Committee on Health and Human Services at 10:20 a.m. until
10:25 a.m.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 10:35 a.m.
The chair laid out anew SB 752 by Senator Moncrief, relating
to the disclosure of health care information, which had been
left pending, and recognized the author.
Senator Nixon sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senators Zaffirini, Gallegos, Carona, Nelson and West asked
unanimous consent to be shown voting "aye" on SB 752. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 752, as amended, 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 Moncrief moved that SB 752 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, the chair
recessed the committee by unanimous consent at 10:40 a.m.,
subject to the call of the chair.
_____________________________
Senator Judith Zaffirini, Chair
_____________________________
Pam Crowley, Committee Clerk