MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, April 2, 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, April 2,
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 26, 1997, minutes and called for
revisions. There being none, Senator Nelson moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
Senator Zaffirini asked unanimous consent for committee
members not present for a vote to be shown voting as indicated
on their written motions. There being no objection, it was so
ordered.
The chair laid out SB 913 by Sibley, relating to the medically
underserved community-state matching incentive program, and
recognized the author to explain the bill.
Senator Nelson sent up a committee substitute, and the chair
recognized Senator Sibley to explain the differences between
it and the bill as filed.
The following persons registered as resource witnesses on the
committee substitute for SB 913, but did not testify:
Linda Bultman, PhD, director, Community and Primary Care,
Texas Department of Health, 1100 W. 49th St., Austin,
Texas 78756.
Laura Jordan, executive director, Center for Rural Health
Initiatives, 211 E. 7th St., Austin, Texas 78701.
The following persons registered in support of the committee
substitute for SB 913, but did not testify:
Troy Alexander, director, Legislative Affairs, Texas
Academy of Family Physicians, 2710 Walsh Tarlton, Austin
78746.
Ron McMurry, M.D., member, Texas Academy of Family
Practice, 1006 Dickerson Dr., Jasper, Texas 75951.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 913, the chair closed public testimony.
Senator Madla moved that the committee substitute for SB 913
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that SB 913 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 Gallegos moved that CSSB 913 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1284 by Senator Gallegos, relating to
regulation of a home and community support services agency,
and recognized the author to explain the bill.
The following person registered as a resource witness on SB
1284, but did not testify:
Charles Branton, director of product safety programs,
Texas Department of Health, 1100 W. 49th St., Austin, Texas
78756.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1284, the
chair closed public testimony.
Senator Gallegos moved that SB 1284 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 "absent."
Senator Gallegos moved that SB 1284 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1159 by Senator Carona, relating to
regulating personal care facilities; providing for a civil
penalty, and recognized the author to explain the bill.
Senator Carona sent up a committee substitute and explained
the differences between it and the bill as filed.
The following person registered as a resource witness on the
committee substitute for SB 1159, but did not testify:
Tony Venza, deputy commissioner of programs, Texas
Department of Human Services, 5150 Lamar, Austin, Texas
78717.
The following person provided oral testimony in support of the
committee substitute for SB 1159:
Johnnie Benson, president, Texas Association of
Residential Care Communities, 150
S. Beach, Fort Worth, Texas 76105.
The following persons registered in support of the committee
substitute for SB 1159, but did not testify:
Ken Kramer, Capitol City Task Force, American Association
of Retired Persons, 98 San Jacinto, #750, Austin, Texas
78701.
Gay Nell Harper, State Legislative Committee, American
Association of Retired Persons, 4033 Congressional,
Corpus Christi, Texas 78413.
Roy Ray, Capitol City Task Force, American Association of
Retired Persons, 7612 Shoal Creek, 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 1159, the chair closed public testimony.
Senator Harris sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Carona moved that the amendment adopted be rolled into
a new committee substitute for SB 1159 and that the committee
substitute, as amended, be adopted. There being no
objection, the motion prevailed by unanimous consent.
Senator Carona moved that SB 1159 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 Carona moved that CSSB 1159 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1295 by Senator Cain, relating to
licensure of certain international medical graduates who have
successfully completed a fifth pathway program, and recognized
the author to explain the bill.
Senator Moncrief sent up a committee substitute, and the chair
recognized Senator Cain 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 1295:
Jo A. Fulbright, 12709 Walden Rd., Montgomery, Texas
77356.
Ron McMurry, M.D., member, Texas Academy of Family
Practice, 1006 Dickerson Dr., Jasper, Texas 75791.
Charles S. Saxe, 107 Gershwin, Houston, Texas 77079.
The following person registered as a resource witness on the
committee substitute for SB 1295, but did not testify:
Deborah L. Greene, director, Division of Medical
Education, Texas Medical Association, 401 W. 15th St.,
Austin, Texas 78701.
The following persons registered in support of the committee
substitute for SB 1295, but did not testify:
Billy J. Fulbright, 12709 Walden Rd., Mongomery, Texas
77356.
Guy M. Adams, 434 Hide-Away-Central, Lindale, Texas
75771.
Linda Ann S. Adams, 434 Hide-Away-Central, Lindale, Texas
75771.
C.J. Francisco, associate general counsel, Texas Medical
Association, 401 W. 15th St., Austin, Texas 78701.
Itze Lebrija, director, Public Relations, University of
Guadalajara, 6722 Beryl, Houston, Texas 77074.
Bill Clayton, consultant, Texas Parents Organization,
University of Guadalajara, 1122 Colorado, Suite 307,
Austin, Texas 78701.
William F. Kemp, 1601 Rio Grande St., Box 369, Austin,
Texas 78767.
Alfonso Luevano Jr., Texas Parents Organization,
University of Guadalajara, P.O. Box 429, La Pryor,
Texas 78872.
Mrs. Charles Saxe, 107 Gershwin, Houston, Texas 77079.
Barbara Greenstreet, 13010 Heritage, Houston, Texas
77079.
Horacio R. Villarreal Jr., Texas Parents Organization,
University of Guadalajara, 5409 Ocean Dr., Corpus
Christi, Texas 78412.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1295, the chair closed public testimony.
Senator Moncrief moved that the committee substitute for SB
1295 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 1295 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 Gallegos moved that CSSB 1295 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1243 by Senator Madla, relating to the
practice of perfusion, and recognized the author to explain
the bill.
The following person provided oral testimony in support of SB
1243:
Greg Hudson, Texas Association of Perfusionists, 901
Congress, Austin, Texas 78701.
The following persons registered as resource witnesses on SB
1243, but did not testify:
Debbie Bradford, program director, Perfusion Program,
Texas Department of Health, 1100 W. 49th St., Austin,
Texas 78756.
Shannon Ballard, board member, Texas State Board of
Licensure of Perfusionists, #22 Cicero, Austin, Texas
78746.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1243, the
chair closed public testimony.
The chair left SB 1243 pending temporarily.
The chair laid out SB 514 by Senator Moncrief, relating to
requiring the Health and Human Services Commission to
promulgate uniform fair hearing rules for all Medicaid-funded
services, and recognized the author to explain the bill.
The following person provided oral testimony in support of SB
514:
Marie B. Wisdom, president, Advocates and Families for
Nursing Home Reform, 16908 S. Ridge Lane, Austin, Texas
78734.
The following persons registered as resource witnesses on SB
514, but did not testify:
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek, Austin, Texas 78757.
Maureen O'Connell, staff attorney, Advocacy, Inc., 7800
Shoal Creek, Austin, Texas 78757.
Marina Henderson, deputy commissioner, Health and Human
Services Commission, 4900 N. Lamar, Austin, Texas 78751.
The following persons registered in support of SB 514, but did
not testify:
Susan Schaffer, government affairs specialist, The Arc of
Texas, 1600 W. 38th, #200, Austin, Texas 78731.
Ken Kramer, Capitol City Task Force, American Association
of Retired Persons, 98 San Jacinto, #750, Austin, Texas
78701.
Candice Carter, state legislative representative,
American Association of Retired Persons, 98 San Jacinto
Blvd., Suite 750, Austin, Texas 78701.
Allen Horne, director, Legislative Affairs, Texas
Hospital Association, P.O. Box 15587, Austin, Texas
78756.
Roy Ray, Capital City Task Force, American Association of
Retired Persons, 7612 Shoal Creek, Austin, Texas 78757.
Gay Nell Harper, State Legislative Committee, American
Association of Retired Persons, 4033 Congressional,
Corpus Christi, Texas 78413.
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
Jonas Schwartz, policy associate, United Cerebral Palsy
of Texas, Austin, Texas 78701.
Jennifer M. Cernoch, PhD, director, Texas Respite
Resource Network, 519 W. Houston, San Antonio, Texas
78702.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
Laura Brown, project coordinator, Coalition of Texans
with Disabilities, 316 W. 12th. St., Suite 405, Austin,
Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 514, the chair
closed public testimony.
The chair left SB 514 pending temporarily.
At 8:45 a.m. Senator Moncrief assumed presiding duties.
The chair laid out SB 1057 by Senator Zaffirini, relating to
the composition of and certain services operated by the Texas
Department of Mental Health and Mental Retardation, 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 registered as a resource witness on the
committee substitute for SB 1057, but did not testify:
Karen Hale, assistant commissioner, Texas Department of
Mental Health and Mental Retardation, P.O. Box 12668,
Austin, Texas 78711.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1057, the chair closed public testimony.
The chair left the committee substitute for SB 1057 pending
temporarily.
At 8:50 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out SB 1247 by Senator Madla, relating to
regulation of a home and community support services agency,
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 person provided oral testimony in opposition to
the committee substitute for SB 1247:
Sara Speights, director, Government Relations, Texas
Association for Home Care, 3737 Executive Center Dr.,
Austin, Texas 78731.
The following person registered as a resource witness on the
committee substitute for SB 1247, but did not testify:
Julia R. Beechinor, division director, Texas Department
of Health, 1100 W. 49th St., 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 1247, the chair closed public testimony.
The chair left the committee substitute for SB 1247 pending
temporarily.
The chair laid out SB 1313 by Senator Carona, relating to the
designation of licensed dietitians as services providers under
the chronically ill and disabled children's services program,
and recognized the author to explain the bill.
The following person provided oral testimony in support of SB
1313:
Greg Hooser, Texas Dietetic Association, 901 Congress,
Austin, Texas 78701.
The following person registered as a resource witness for SB
1313, but did not testify:
Susan Penfield, M.D., division director, Children With
Special Health Care Needs, Texas Department of Health,
1100 W. 49th St., Austin, Texas 78751.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1313, the
chair closed public testimony.
The chair left SB 1313 pending at the author's request.
At 9:05 a.m. Senator Moncrief resumed presiding duties.
The chair laid out SB 30 by Senator Zaffirini, relating to
fraud and improper payments under the state Medicaid program
and other programs and to the creation of a criminal offense
relating to Medicaid fraud; providing penalties.
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 30:
Marie B. Wisdom, president, Advocates and Families for
Nursing Home Reform, 16908 S. Ridge Lane, Austin, Texas
78734.
The following persons registered as resource witnesses on the
committee substitute for SB 30, but did not testify:
Joe Branton, bureau chief, Texas
Department of Health, 1100 W.
49th St., Austin, Texas
78751.
Dr. Michael McKinney, commissioner, Health and Human
Services Commission, 4900 N. Lamar, Austin, Texas 78751.
Robin Herskowitz, senior policy analyst, Office of the
Comptroller of Public Accounts, 111 E. 17th St., Austin,
Texas 78756.
David A. Talbot Jr., Office of the Attorney General,
Price Daniel Bldg., Austin, Texas 78711.
Beth Taylor, director, Medicaid Fraud Control Unit,
Office of the Attorney General, Clements Bldg., Austin,
Texas 78711.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 30, the chair closed public testimony.
The chair left the committee substitute for SB 30 pending
temporarily.
At 9:15 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out SB 84 by Senator Moncrief, relating to the
abolition of the Texas Board of Nursing Facility
Administrators and the transfer of the regulation of nursing
facility administrators to the Texas Department of Human
Services; providing penalties, and recognized the author to
explain the bill.
Senator Moncrief sent up a committee substitute for SB 84 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 84:
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
Mary B. Wisdom, president, Advocates and Families for
Nursing Home Reform, 16908 S. Ridge Lane, Austin, Texas
78734.
The following persons provided oral testimony in opposition to
the committee substitute for SB 84:
Tom Hunter, general counsel, Texas Association of
Licensed Facility Administrators, 1403 W. Sixth Street,
Austin, Texas 78703.
Tommy Gard, board member, Texas Board of Nursing Facility
Administrators, 2913 Uvalde, Nederland, Texas 77627.
Jerry Turner, board member, Texas Board of Nursing
Facility Administrators, 1301 Alford, Hillsboro, Texas
76645.
The following persons provided oral testimony on the committee
substitute for SB 84:
Timothy W. Crank, administrator in training, Normandy
Terrace Southeast, 8801 Cinnamon Creek, #1321, San
Antonio, Texas 78240.
Beverly Roberts, administrator, Texas Association of
Licensed Facility Administrators, Rt. 1, Box 314, Devine,
Texas 78016.
Cynthia Hanna, nursing home administrator, 2001 Ave.E.,
Hondo, Texas 78861.
Lindsay Thorpe, director, Government Relations, Chartwell
Health Care, Inc., 16910 Dallas Pkwy #200, Dallas, Texas
75248.
The following person provided oral and written testimony in
opposition to the committee substitute for SB 84:
Cheryl Killian, member, Texas Board of Nursing Facility
Administrators, 3801 Woodside Dr., Arlington, Texas
76016.
The following persons provided oral and written testimony in
support of the committee substitute for SB 84:
Gay Nell Harper, State Legislative Committee, American
Association of Retired Persons,
4033 Congressional, Corpus Christi, Texas 78413.
Glenda Smelser, vice president, Texas Advocates of
Nursing Home Residents, 2234 Bishop Dr., Grand Prairie, Texas
75050.
The following persons registered in support of the committee
substitute for SB 84, but did not testify:
Robin Bulriss, RR4, Box 521, Waco, Texas 76705.
Mrs. B.F. Linkaus, 118 Bermuda, Waco, Texas 76705.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 E. Anderson Lane, #234W, Austin, Texas
78752.
O.D. Ferris, member, Texas Advocates for Nursing Home
Residents, 500 E. Anderson Ln., #234w, Austin, Texas
78752.
Sarah E. DeVaney, member, Texas Advocates for Nursing
Home Residents, 500 E. Anderson Ln., Apt. 195-T, Austin,
Texas 78752.
Lucille Gropp, secretary, Texas Advocates for Nursing
Home Residents, 358 Cardinal Creel Dr., Duncanville,
Texas 75137.
Caroline D. Marcy, board member, Texas Advocates for
Nursing Home Residents, 421 San Mateo Dr., Garland, Texas
75043.
Barbara B. Lietz, board of directors, Texas Advocates for
Nursing Home Residents,
2708 Western Hills, Lancaster, Texas 75146.
Lou O' Reilly, member, Texas Advocates for Nursing Home
Residents, P.O. Box 763143, Dallas, Texas 755376.
Gwyne Stockton, treasurer, Texas Advocates for Nursing
Home Residents, 641 Wentworth Dr., Richardson, Texas
75081.
Robert L. Scott, 228 E. Frost St., Waco, Texas 76705.
Hope Richardson, Rt. 9, Box 221, Waco, Texas 76705.
J.K. Audelotte, 2125 Charboneau, Waco, Texas 76710.
Candice Carter, state legislative representative,
American Association of Retired Persons, 98 San Jacinto,
Suite 750, Austin, Texas 78701.
Ken Kramer, Capitol City Task Force, American Association
of Retired Persons, 98 San Jacinto, # 750, Austin, Texas
78701.
Roy Ray, Capitol City Task Force, American Association of
Retired Persons, 7612 Shoal Creek, Austin, Texas 78757.
John W. Holtermann, chair, Legislative Action Committee,
Texas Silver-Haired Legislature, 459 Lindsey, San
Marcos, Texas 78666.
Tommy Smelser, 2234 Bishop Dr., Grand Prairie, Texas
75050.
Roy Kelly, 2131 Collins Drive, Waco, Texas 76710.
Marsha S. Miles, 317 Ave. G, Waco, Texas 76705.
Ann Shilling, Rt. 17, Box 15, Waco, Texas 76705.
Calvin L. Fieseler, 12300 High Point, Waco, Texas 76708.
Oscar F. Pyles, 800 Rambler, Apt. 2, Waco, Texas 76710.
Melvin Sutton, 4608 B. Michigan St., Waco, Texas 76705.
Elmo Mimms, 321 W. Craven, Waco, Texas 76705.
Annie Mae Mimms, 321 West Craven, Waco, Texas 76705.
James W. Scott, P.O. Box 29722, Waco, Texas 76702-0722.
The following persons registered as resource witnesses on the
committee substitute for SB 84, but did not testify:
Jim Zukowski, director, Professional Licensing, Texas
Department of Health, 1100 W. 49th St., Austin, Texas
78756.
Marina Henderson, deputy commissioner, Health and Human
Services Commission, 4900 N. Lamar, Austin, Texas 78751.
John F. Willis, state ombudsman, Texas Department on
Aging, P.O. Box 12786, Austin, Texas 78711.
Bobby Lane, assistant division director, Texas Department
of Health, 1100 W. 49th St., Austin, Texas 78756.
Because the committee substitute for SB 84 would be developed
further, the chair did not close public testimony.
The chair left the committee substitute for SB 84 pending at
the author's request.
The chair laid out SB 939 by Senator Ellis, relating to
control of tuberculosis in certain jail populations, and
recognized the author to explain the bill.
Senator Moncrief 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 on the committee
substitute for SB 939:
Ray Silva, jail tuberculosis program coordinator, Texas
Department of Health, 1100 West 49th St., Austin, Texas
78756.
Debbie Fillmore, assistant deputy director, Texas
Commission on Jail Standards, 300 W. 15th, Suite 503,
Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 939, the chair closed public testimony.
Senator Moncrief moved that the committee substitute for SB
939 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 939 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 Moncrief moved that CSSB 939 be certified for the
local and uncontested calendar. There being objection by
Senator Nixon, the motion failed.
The chair laid out anew the committee substitute for SB 1247
by Senator Madla, relating to regulation of a home and
community support services agency, and recognized the author.
Senator Madla moved that the committee substitute for SB 1247
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that SB 1247 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 anew SB 1243 by Senator Madla, relating to
the practice of perfusion, and recognized the author.
Senator Madla moved that SB 1243 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 Madla moved that SB 1243 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew the committee substitute for SB 1057
by Senator Zaffirini, relating to the composition of and
certain services operated by the Texas Department of Mental
Health and Mental Retardation.
Senator Moncrief moved that the committee substitute for SB
1057 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 1057 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 Moncrief moved that CSSB 1057 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew SB 514 by Senator Moncrief, relating
to requiring the Health and Human Services Commission to
promulgate uniform fair hearing rules for all Medicaid
funded-services, and recognized the author.
Senator Moncrief moved that SB 514 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 514 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew the committee substitute for SB 30 by
Senator Zaffirini, relating to fraud and improper payments
under the state Medicaid program and other programs and to the
creation of a criminal offense relating to Medicaid fraud;
providing penalties.
Senator Nelson moved that the committee substitute for SB 30
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that SB 30 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 "nay."
The chair laid out SB 1248 by Senator Madla, relating to
intermediate care facilities for the mentally retarded;
imposing civil and criminal penalties, 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 1248:
Susan M. Schaffer, government affairs specialist, The Arc
of Texas, 1600 W. 38th St., #200, Austin, Texas 78731.
Greg Hooser, Private Providers Association of Texas, 901
Congress, Austin, Texas 78701.
The following persons registered in support of the committee
substitute for SB 1248, but did not testify:
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek, #171 E,
Austin, Texas 78757.
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 W. Lamar, Austin, Texas 78751.
Terry Childress, director, Concept Six, Inc., 1508 San
Antonio St., Austin, Texas 78701.
Wendy Saari, director of communications, Educare
Community Living Corporation, 6034 West Courtyard, Suite
150, Austin, Texas 78730.
Gordon Israel, president, Draco Residencies, Inc., 3409
Executive Center Dr., #233, Austin, Texas 78731.
Carole Smith, past board president, Texas Association on
Mental Retardation, 11624 Jollyville Rd., Austin, Texas
78759, and executive director, Private Providers Association
of Texas, 8711 Burnet Rd., A-19, Austin, Texas 78759.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1248, the chair closed pubic testimony.
Senator Madla sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that the amendment adopted be rolled into
a new committee substitute for SB 1248 and that the committee
substitute, as amended, be adopted. There being no objection,
the motion prevailed by unanimous consent.
Senator Madla moved that SB 1248 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 1763 by Senator Moncrief, relating to
the authority of the Texas Department of Human Services to
contract for Medicaid-certified beds in nursing facilities,
and recognized the author to explain the bill.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
At 10:20 a.m. Senator Madla assumed presiding duties.
The following persons provided oral testimony in support of SB
1763:
Harold Hammett, attorney, Fireside Lodge, 303 West 10th
St., #300, Ft. Worth, Texas, 76112.
Patty Elo, admissions director, Fireside Lodge Health
Care Center, 4800 White Settlement Road, Ft. Worth, Texas
76114.
Sam Cocca, Fireside Lodge, 5720 Carb Drive, Ft. Worth,
Texas 76114.
The following person provided oral testimony in opposition to
SB 1763:
Lindsay Thorpe, director, Government Relations, Chartwell
Health Care, Inc., 16910 Dallas, Texas 75248.
The following persons provided oral testimony on SB 1763:
Tony Venza, deputy commissioner of programs, Texas
Department of Human Services, 701 West 51st, Austin,
Texas 78717.
Rosemary Endres, director of nurses, Fireside Lodge, 4800
White Settlement Rd.,
Ft. Worth, Texas 76114.
The following person provided oral and written testimony on SB
1763:
Tom Suehs, Texas Health Care Association, 4214 Medical
Parkway, Austin, Texas 78765.
The following person registered as a resource witness on SB
1763, but did not testify:
John F. Willis, state ombudsman, Texas Department on
Aging, P.O. Box 12786, Austin, Texas 78711.
The following persons registered in support of SB 1763, but
did not testify:
Roy Ray, Capitol City Task Force, American Association of
Retired Persons, 7612 Shoal Creek, Austin, Texas 78757.
Allan Horne, director, Legislative Affairs, Texas
Hospital Association, P.O. Box 15587, Austin, Texas 78756.
Gay Nell Harper, State Legislative Committee, American
Association of Retired Persons, 4033 Congressional, Corpus
Christi, Texas 78413.
Candice Carter, state legislative representative,
American Association of Retired Persons, 98 San Jacinto
Blvd., Suite 750, Austin, Texas 78701.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
David Latimer, vice president, Government Affairs, Texas
Association of Homes and Services for the Aging, 2205
Hancock Drive, Austin, Texas 78756.
Glenda Smelser, vice president, Texas Advocates of
Nursing Home Residents, 2234 Bishop Dr., Grand Prairie, Texas
75050.
Ken Kramer, Capitol City Task Force, American Association
of Retired Persons, 98 San Jacinto, #750, Austin, Texas
78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1763, the
chair closed public testimony.
The chair left SB 1763 pending at the author's request.
By unanimous consent, upon a motion by Senator Nelson, the
chair recessed the Texas Senate Committee on Health and Human
Services at 10:45 a.m. until 2 p.m.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 2:30 p.m.
The chair recessed the Texas Senate Committee on Health and
Human Services at 2:35 p.m. until 3:15 p.m.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 3:15 p.m.
The chair laid out SB 361 by Senator Madla, relating to the
continuation and functions of the Texas State Board of
Acupuncture Examiners, and recognized the author to explain
the bill.
Senator Madla sent up committee amendment 1 and explained how
it would change the bill as filed.
Senator Madla sent up committee amendment 2 and explained how
it would change the bill as filed.
The following persons provided oral testimony in support of SB
361:
Dee Ann Newbold, president, Texas Acupuncture
Association, 1301 West 25 street, #401, Austin, Texas 78705.
Tim Weitz, attorney, Texas Acupuncture Association, 327
Congress Ave., Suite 600, Austin, Texas 78701.
The following persons registered as resource witnesses on SB
361, but did not testify:
Dr. Kevin D. Kanz, Texas Chiropractic Association, 706 W.
Martin Luther King Blvd., #7, Austin, Texas 78701.
Jennifer Jones, project administrator, Sunset Advisory
Commission, P.O. Box 13066, Austin, Texas 78711.
Charla Ann King, senior policy analyst, Sunset Advisory
Commission, P.O. Box 13066, Austin, Texas 78711.
Zoe Messinger, policy analyst, Sunset Advisory
Commission, P.O. Box 13066, Austin, Texas 78711.
The following persons registered in support of SB 361, but did
not testify:
J.P. Word, executive director, Texas Chiropractic
Association, 1601 Rio Grande, #420, Austin, Texas 78701.
Dr. Chris Butler, licensed acupuncturist, Texas
Acupuncture Association, 5000 Bee Cave Rd., #100, Austin,
Texas 78746.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 361, the chair
closed public testimony.
The chair left SB 361, committee amendment 1 and committee
amendment 2 pending at the author's request.
The chair laid out SB 1234 by Senator Moncrief, relating to
licensure of certain publicly funded providers of home and
community support services, and recognized the author to
explain the bill.
The following person provided oral testimony in support of SB
1234:
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
The following person provided oral testimony in opposition to
SB 1234:
Anita Bradberry, executive director, Texas Association
for Home Care, 3737 Executive Center Drive, Suite 151,
Austin, Texas 78731.
The following persons registered as resource witnesses on SB
1234, but did not testify:
Karen Hale, assistant commissioner, Texas Department of
Mental Health and Mental Retardation, P.O. Box 12668,
Austin, Texas 78711.
Julia R. Beechinor, division director, Texas Department
of Health, 1100 W. 49th Street, Austin, Texas 78756.
The following persons registered in support of SB 1234, but
did not testify:
Liz Newhouse, assistant director, Texas Respite Resource
Network, P.O. Box 7330, San Antonio, Texas 78207-0330.
Greg Hooser, Private Providers Association of Texas, 901
Congress, Austin, Texas 78701.
Jennifer M. Cernoch, PhD, director, Texas Respite
Resource Network, 519 W. Houston,
San Antonio, Texas 78207.
Denise Brady, governmental affairs, The Arc of Texas,
1600 W. 38th, Suite 200, Austin, Texas 78731.
Jonas Schwartz, policy associate, United Cerebral Palsy
of Texas, 900 Congress, Suite 220, Austin, Texas 78701.
Wendy Saari, director of communications, Educare
Community Living Corporation, 6034 W. Courtyard, Suite
150, Austin, Texas 78730.
Terry Childress, director, Concept Six, 1508 San Antonio
St., Austin, Texas 78701.
Gordon Israel, president, Draco Residences, Inc., 3409
Executive Center Dr., #233, Austin, Texas 78731.
Laura Brown, project coordinator, Coalition of Texans
with Disabilities, 316 W. 12th St., Suite 405, Austin,
Texas 78701.
Carole Smith, immediate past board president, Texas
Association on Mental Retardation, 11624 Jollyville Rd.,
Austin, Texas 78759, and executive director, Private Providers
Association of Texas, 8711 Burnet Rd., #A-19.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek, #171E, Austin, Texas 78757.
Bob Kafka, organizer, American Disabled for Attendant
Programs Today, 1319 Lamar, Austin, Texas 78704.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1234, the
chair closed public testimony.
The chair left SB 1234 pending at the author's request.
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 3:55 p.m., subject to the call of the
chair.
_________________________________
Senator Judith Zaffirini, Chair
________________________________
Pam Crowley, Committee Clerk