MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, April 9, 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 9,
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 April 2, 1997, minutes and called for
revisions. There being none, Senator Moncrief moved approval.
There being no objection, the motion prevailed by unanimous
consent.
The chair laid out SB 938 by Senators Ellis and Zaffirini,
relating to expanded hours of operation under the Supplemental
Food Program for Women, Infants and Children (WIC), and
recognized Senator Ellis 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 in support of
the committee substitute for SB 938:
Veronica Florez, policy analyst, Center for Public Policy
Priorities, 900 Lydia St., Austin, Texas 78702.
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
The following persons registered as resource witnesses on the
committee substitute for SB 938:
Michael Montgomery, director, Women, Infants and Children
(WIC) Program, Texas Department of Health, 1100 West 49th
St., Austin, Texas 78756.
Valerie Wolfe, program specialist, Women, Infants and
Children (WIC) Program, Texas Department of Health, 1100
West 49th St., Austin, Texas 78756.
Mary Alice Winfree, program specialist, Women, Infants
and Children (WIC) Program, 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 938, the chair closed public testimony.
Senator Harris moved that the committee substitute for SB 938
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senators Galloway and Gallegos asked unanimous consent to be
shown voting "aye" on CSSB 938. There being no objection, the
motion prevailed by unanimous consent.
Senator Harris moved that SB 938 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 Harris moved that CSSB 938 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1263 by Senators Ellis, West and
Zaffirini, relating to requiring the Texas Workforce
Commission, local workforce development boards and centers,
and certain employers to provide tax assistance to certain
working individuals and families, and recognized Senator Ellis
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.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following person provided oral testimony on the committee
substitute for SB 1263:
Patrick Hall, program administrator, Texas Workforce
Commission, 101 E. 15th, Austin, Texas 78778.
The following person registered in support of the committee
substitute for SB 1263, 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 the
committee substitute for SB 1263, but did not testify:
Dr. Frank Moore, 24810 Broken Trail, San Antonio, Texas
78255.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1263, the chair closed public testimony.
Senator Moncrief moved that the amendment adopted be rolled
into a new committee substitute for SB 1263 and that the
committee substitute, as amended, be adopted. There being no
objection, the motion prevailed by unanimous consent.
Senators Harris, Nixon, Madla, Gallegos and Galloway asked
unanimous consent to be shown voting "aye" on CSSB 1263.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SB 1263 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 1490 by Senators Ellis and West,
relating to training for local workforce development boards,
and recognized Senator Ellis to explain the bill.
At 8:20 a.m. Senator Nelson assumed presiding duties.
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 in support of
the committee substitute for SB 1490:
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, #507, Austin,
Texas 78752.
Patrick Bresette, associate director, Center For Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
The following persons registered in support of the committee
substitute for SB 1490, but did not testify:
Loretta Redwine Robertson, administrator, Foundation For
Texas Children, 10904 Hard Rock Rd., Austin, Texas 78750.
Laverne A. Redwine, president, Child Care Providers
Association of Texas, P.O. Box 141547, Austin, Texas
78714-1547.
Dee Simpson, director, Texas Political Action, American
Federation of State County and Municipal Employees, 815
Brazos, Suite 500, Austin, Texas 78701.
The following person registered as a resource witness on the
committee substitute for SB 1490, but did not testify:
Charlotte Brantley, director of child care programs,
Texas Workforce Commission, 101 E. 15th St., 404 T,
Austin, Texas 78778.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1490, the chair closed public testimony.
Senator Moncrief moved that the committee substitute for SB
1490 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senators Zaffirini and Gallegos asked unanimous consent to be
shown voting "aye" on CSSB 1490. There being no objection,
the motion prevailed by unanimous consent.
Senator West moved that SB 1490 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 1262 by Senators Ellis, West and
Zaffirini, relating to the creation and operation of a pilot
program to provide employment and training for certain persons
on public assistance, and recognized Senator Ellis 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 1262:
Carl Rush, chief operating officer, Family Health
Foundation, P.O. Box 29777, San Antonio, Texas 78229.
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia Street, Austin, Texas 78702.
The following person registered as a resource witness on the
committee substitute for SB 1262, but did not testify:
Patricia Hall, program administrator, Texas Workforce
Commission, 101 E. 15th, Austin, Texas 78778.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1262, the chair closed public testimony.
Senator Moncrief moved that the committee substitute for SB
1262 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senators Zaffirini, Galloway, Harris and Gallegos asked
unanimous consent to be shown voting "aye" on CSSB 1262.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SB 1262 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 1262 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1475 by Senator Shapiro, relating to
inspection of child-care facilities, and recognized the author
to explain the bill.
Senator Moncrief sent up a committee substitute, and the chair
recognized Senator Shapiro to explain the differences between
it and the bill as filed.
The following persons provided oral testimony on the committee
substitute for SB1475:
Karen Eells, director of licensing, Texas Department of
Protective and Regulatory Services, P.O. Box 149030,
Austin, Texas 78714.
Cindy Alexander, analyst, Office of the Comptroller of
Public Accounts, 111 E. 17th St., Austin, Texas 78703.
The following person provided oral testimony in support of the
committee substitute for SB 1475:
Ester Wynn, P.O. Box 11591, Texas Licensing Child Care
Association, Houston, Texas 77293.
The following persons registered in support of the committee
substitute for SB 1475, but did not testify:
Laverne Redwine, president, Child Care Providers
Association of Texas, P.O. Box 141547, Austin, Texas
78714.
Loretta Robertson, administrator, Foundation for Texas
Children, 10904 Hard Rock Rd., Austin, Texas 78750.
Ed Bloom, executive director, Texas Association for the
Education of Young Children, 7701 N. Lamar #507, 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 1475, the chair closed public testimony.
The chair left the committee substitute for SB 1475 pending at
the author's request.
The chair laid out SB 1163 by Senators Zaffirini and Moncrief,
relating to information and training about Medicaid managed
care; SB 1164 by Senators Zaffirini and Moncrief, relating to
Medicaid managed care contract compliance; and SB 1165 by
Senators Zaffirini and Moncrief, relating to managed care
under the state Medicaid program for children with special
health care needs, and recognized Senator Moncrief to explain
the bills.
The following persons registered as resource witnesses on SB
1163, but did not testify:
Dr. Frank Moore, 24810 Broken Trail, San Antonio, Texas
78255.
Marina Henderson, executive deputy commissioner, Texas
Health and Human Services Commission, P.O. Box 13247,
Austin, Texas 78711-3247.
Eric Baumgartner, chief, Bureau of Managed Care, Texas
Department of Health, 1100 West 49th St., Austin, Texas
78756.
Lynne Hudson, associate commissioner, Health Care
Financing, Texas Department of Health, 2403 Wildgrove,
Austin, Texas 78704.
Dr. Susan Penfield, division director, Planning and
Policy Development, Children with Special Health Care
Needs, Texas Department of Health, 1100 West 49th St.,
Austin, Texas 78756-3179.
The following persons registered as resource witnesses on SB
1164, but did not testify:
Marina Henderson, executive deputy commissioner, Texas
Health and Human Services Commission, P.O. Box 13247,
Austin, Texas 78701-3247.
Eric Baumgartner, chief, Bureau of Managed Care, Texas
Department of Health, 1100 West 49th St., Austin, Texas
78756.
Lynne Hudson, associate commissioner, Health Care
Financing, Texas Department of Health, 2403 Wildgrove,
Austin, Texas 78704.
Dr. Susan Penfield, division director, Planning and
Policy Development, Children with Special Health Care
Needs, Texas Department of Health, 1100 West 49th St.,
Austin, Texas 78756-3179.
The following persons registered as resource witnesses on SB
1165, but did not testify:
Marina Henderson, executive deputy commissioner, Texas
Health and Human Services Commission, P.O. Box 13247,
Austin, Texas 78703.
Dr. Michael McKinney, commissioner, Texas Health and
Human Services Commission, P.O. Box 13247, Austin, Texas
78711-3247.
Eric Baumgartner, chief, Bureau of Managed Care, Texas
Department of Health, 1100 West 49th St., Austin, Texas
78756.
Lynne Hudson, associate commissioner, Health Care
Financing, Texas Department of Health, 2403 Wildgrove,
Austin, Texas 78704.
Dr. Susan Penfield, division director, Planning and
Policy Development, Children with Special Health Care
Needs, Texas Department of Health, 1100 West 49th St.,
Austin, Texas 78756-3179.
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
The chair left public testimony open and SB 1163, SB 1164 and
SB 1165 pending temporarily.
The chair laid out SB 1067 by Senator Zaffirini, relating to
assistance for certain legal immigrants, and recognized
Senator Gallegos to explain the bill.
The chair left public testimony open and SB 1067 pending
temporarily.
The chair laid out SB 1824 by Senator Shapleigh, relating to
the formation of an integrated health care system by a
hospital district and a public medical school, and recognized
the author to explain the bill.
Senator Moncrief sent up a committee substitute, and the chair
recognized Senator Shapleigh 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 1824:
Tom Kleinworth, director, State Relations, Baylor College
of Medicine, One Baylor Plaza, Houston, Texas 77025.
Jos Rodriguez, county attorney, El Paso County, 500 E.
San Antonio, El Paso, Texas 79901.
Lorenzo Melantzon, chairman of board of managers,
Thomason General Hospital El Paso, 7237 Tierra Alta, El
Paso, Texas 79912.
The following person registered in support of the committee
substitute for SB 1824, but did not testify:
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
The following persons provided oral testimony on the committee
substitute for SB 1824:
David Smith, president, Texas Tech University Health
Science Center, 360 14th St., Lubbock, Texas 79430.
David Hilgers, attorney, El Paso Hospital District, P.O.
Box 2063, Austin, Texas 78768.
The following persons registered as resource witnesses on the
committee substitute for SB 1824, but did not testify:
Leah Rummel, deputy commissioner, Texas Department of
Insurance, 333 Guadalupe, Austin, Texas 78701.
James Crowson, deputy chancellor, Texas Tech University
P.O. Box 42013, Lubbock, Texas 79409.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1824, the chair closed public testimony.
The chair left the committee substitute for SB 1824
pending temporarily.
The chair laid out SB 1764 by Senator Moncrief, relating
to access to nursing facilities in rural counties, 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.
The following persons provided oral testimony on SB 1764:
Lindsay Thorpe, director, Government Relations, Chartwell
Group of Health Care Companies, 16910 Dallas Parkway,
#200, Dallas, Texas 75248.
Tom Suehs, Texas Health Care Association, 4214 Medical
Parkway, Austin, Texas 78731.
The following person provided written testimony in support of
SB 1764:
Aaryce Hayes, program specialist, Advocacy, Inc., 7800
Shoal Creek Blvd. #171 E, Austin, Texas 78757.
The following persons registered in support of SB 1764, but
did not testify:
David Latimer, vice president, Government Affairs, Texas
Association of Homes and Services for the Aging, 2205
Hancock, Austin, Texas 78756.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
Ken Kramer, PhD, member, Capitol City Task Force,
American Association of Retired Persons, 98 San Jacinto,
#750, Austin, Texas 78701.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 E. Anderson Lane, #234 W, Austin, Texas
78752.
Glenda Smelser, vice president, Texas Advocates for
Nursing Home Residents, 2234 Bishop Dr., Grand Prairie,
Texas 75050.
Tommy Smelser, Texas Advocates for Nursing Home
Residents, 2234 Bishop Dr., Grand Prairie, Texas 75050.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1764, the
chair closed public testimony.
The chair left SB 1764 pending temporarily.
The chair laid out SB 1494 by Senator Ellis, relating to work
supplementation programs for certain welfare recipients, 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 person provided oral testimony in support of the
committee substitute for SB 1494:
Rick Levy, legal director, Texas American Federation of
Labor-Congress of Industrial Organizations, P.O. Box
12727, Austin, Texas 78711.
The following persons registered in support of the committee
substitute for SB 1494, but did not testify:
Dee Simpson, Texas political action director, American
Federation of State, County and Municipal Employees, 815
Brazos, Suite 500, Austin, Texas 78701.
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
William Beardall, board member, Texas Appleseed Advocacy
Fund, 816 Congress, Suite 1900, Austin, Texas 78701.
The following person registered as a resource witness on SB
1494, but did not testify:
Patricia Hall, Texas Workforce Commission, 101 E. 15th,
Austin, Texas, 78778.
Because the amendments and the committee substitute for SB
1494 would be developed further, the chair did not close
public testimony.
The chair left the committee substitute for SB 1494 pending at
the author's request.
The chair laid out anew the committee substitute for SB 1824
by Senator Shapleigh, relating to the formation of an
integrated health care system by a hospital district and a
public medical school, which had been left pending.
Senator Moncrief moved that the committee substitute for SB
1824 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senators Zaffirini, West, Gallegos and Patterson asked
unanimous consent to be shown voting "aye" on CSSB 1824.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SB 1824 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 1824 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew SB 1764 by Senator Moncrief, relating
to access to nursing facilities in rural counties, which had
been left pending, and recognized the author.
Senators Zaffirini, West, Gallegos, Nixon and Patterson asked
unanimous consent to be shown voting "aye" on SB 1764. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1764, 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 1764 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew 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, which had been left pending, and recognized the
author.
Senators Zaffirini, West, Gallegos, Nixon and Patterson asked
unanimous consent to be shown voting "aye" on SB 1313. There
being no objection, the motion prevailed by unanimous consent.
Senator Carona moved that SB 1313 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 1313 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1574 by Senator Madla, relating to the
health care provider network of the state Medicaid program
health care delivery system, and recognized the author to
explain the bill.
Senator Madla sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following person provided oral testimony in support of SB
1574:
Michael Parchman, physician, Texas Medical Association
and Texas Academy of Family Practice, 845 Lakeway Dr., El
Paso, Texas 79932.
The following persons registered in support of SB 1574, but
did not testify:
Joe DaSilva, senior vice president, Texas Hospital
Association, P.O. Box 15587, Austin, Texas 78761.
Linda Janet Holley, physician, Texas Medical Association,
1954 E. Houston #104, San Antonio, Texas 78202.
The following person registered as a resource witness on SB
1574, but did not testify:
Dr. Michael McKinney, commissioner, Texas Health and
Human Services Commission, P.O. Box 13247, Austin, Texas
78711-3247.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1574, the
chair closed public testimony.
Senators Zaffirini, West, Gallegos, Nixon and Patterson asked
unanimous consent to be shown voting "aye" on SB 1574. There
being no objection, the motion prevailed by unanimous consent.
Senator Madla moved that SB 1574, 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 Madla moved that SB 1574 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 29 by Senator Zaffirini, relating to the
implementation of the child support enforcement provisions of
Title III of the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996; providing penalties,
and recognized Senator Harris 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.
The following persons provided oral testimony in support of SB
29:
Mary Rhoads, supervisor, Wichita County Family Court
Services Child Support Division, P.O. Box 5346, Wichita
Falls, Texas 76307.
Cindy Groomer, district clerk, County and District
Clerk's Association, P.O. Box 9570, Amarillo, Texas
79105.
The following person provided oral testimony on SB 29:
Howard Baldwin, attorney, 701 W. 51st, Austin, Texas
78749.
The following person provided oral and written testimony in
opposition to SB 29:
Bob Green, legislative liaison, Texas Fathers Alliance,
3405 Beartree Circle, Austin, Texas 78730.
The following person registered in support of SB 29, but did
not testify:
Bonnie Wolbrueck, district clerk, County and District
Clerks Association, P.O. Box 24, Georgetown, Texas
78627.
The following persons registered as resource witnesses on SB
29, but did not testify:
John Sampson, professor of law, The University of Texas
School of Law, 727 E. 26th, Austin, Texas 78705.
Alicia Key, general counsel, Office of the Attorney
General, P.O. Box 12570, Austin, Texas 78711.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 29, the chair
closed public testimony.
Senators Zaffirini, West, Gallegos, Nixon and Patterson asked
unanimous consent to be shown voting "aye" on SB 29. There
being no objection, the motion prevailed by unanimous consent.
Senator Madla moved that SB 29, 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."
The chair laid out anew the committee substitute for SB 786 by
Senator Madla, relating to the authority of pharmacists to
administer immunizations, which had been left pending, and
recognized the author.
Senators Zaffirini, Patterson, Nixon and West asked unanimous
consent to be shown voting "aye" on CSSB 786. There being no
objection, the motion prevailed by unanimous consent.
Senator Madla moved that SB 786 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 Madla moved that CSSB 786 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 Moncrief, 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 laid out SB 877 by Senator Sibley, relating to the
regulation of the practice of dentistry, and recognized the
author to explain the bill.
Senator Moncrief sent up a committee substitute, and the chair
recognized Senator Sibley to explain the differences between
it and the bill as filed.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 3 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following persons provided oral testimony in support of
the committee substitute for SB 877:
Michael Vaclav, president, Texas Dental Association, 7201
W. 34th Street, Amarillo, Texas 79109.
Tim Von Dehlen, attorney, Dental Laboratory Association
of Texas, 1803 West Ave., Austin, Texas 78701.
John Findley, D.D.S., president elect, Texas Dental
Association, Rt. 3, Aubrey, Texas 75773.
The following persons provided oral testimony on the committee
substitute for SB 877:
Mei Ling Clendennen, executive assistant, State Board of
Dental Examiners, 333 Guadalupe, Tower 3, Suite 800,
Austin, Texas 78701.
Jeffry Hill, general counsel, State Board of Dental
Examiners, 2412 Missy Laine, San Marcos, Texas 78665.
The following persons registered on the committee substitute
for SB 877, but did not testify:
Kent Starr, dentist, 6400 Cobbs, Waco, Texas 76710.
Miro A. Pavelka, 400 S. Cottonwood Dr., Richardson,
Texas 75080.
Paul Colbert, Texas Dental Hygienists' Association,
5006 Kinglet, Houston, Texas 77035.
There being no other witnesses registered or responding
to the chair's call for public testimony related to the
committee substitute for SB 877, the chair closed public
testimony.
The chair left the committee substitute for SB 877
pending temporarily.
The chair laid out SB 1245 by Senator Madla, relating to
laws regulating the distribution and dispensation of
controlled substances and the enforcement of those laws,
and recognized the author to explain the bill.
The chair left public testimony open and SB 1245 pending
at the author's request.
The chair laid out SB 1400 by Senator Moncrief, relating
to the prevention and detection of fraud in certain
programs administered by the Texas Department of Human
Services, and recognized the author to explain the bill.
The following person provided oral testimony on SB 1400:
Annette Lovoi, liaison, Electronics Benefit Transfer,
Office of the Comptroller of Public Accounts, 111 E.
17th, Austin, Texas 78774.
The following persons registered in support of SB 1400, but
did not testify:
Glenda Smelser, vice president, Texas Advocates for
Nursing Home Residents, 2234 Bishop Drive, Grand Prairie,
Texas 75050.
Tommy Smelser, Texas Advocates for Nursing Home
Residents, 2234 Bishop Drive, Grand Prairie, Texas 75050.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 E. Anderson Lane, Suite 234 W, Austin,
Texas 78752.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1400, the
chair closed public testimony.
The chair left SB 1400 pending at the author's request.
The chair laid out anew SCR 19 by Senator Truan, memorializing
the Congress of the United States to amend federal law to
allow legal aliens access to food stamp benefits, which had
been left pending, and recognized Senator Nixon.
Senator Nixon sent up a committee substitute and explained the
differences between it and the resolutions as filed.
The chair left public testimony open and the committee
substitute for SCR 19 pending temporarily.
The chair laid out SB 1765 by Senator Moncrief, relating to
certification of certain persons who practice acupuncture, and
recognized the author to explain the bill.
The following persons provided oral testimony in support of SB
1765:
Lory Moore Warton, municipal judge, Acudetox Technicians,
311 Oak, Sweetwater, Texas 79556.
Gene Deutscher, consultant, Acudetox Pilot Program in
Tarrant County, 3537 W. 7th Street, Suite 2, Fort Worth,
Texas 76179.
Gloria Turley, licensed social worker associate, Acudetox
Acupuncture, 906 N. 58th Street, Waco, Texas 76710.
The following persons provided oral testimony in opposition to
SB 1765:
Tim Weitz, attorney, Texas Acupuncture Association, 327
Congress Ave., Suite 600, Austin, Texas 78701.
Steven Bradley Sheperd, acupuncturist, Texas
Acupuncturist Association, 2208 W. 49th Street, Austin,
Texas 78756.
Dr. Chris Butler, vice president, Texas Acupuncture
Association, 5000 Bee Caves Road, Suite 100, Austin,
Texas 78746.
The following person provided written testimony in support of
SB 1765:
Laura Cooley, licensed acupuncturist/certified NADA
trainer, National Acupuncture Detox Association, 1209
Parkway, Austin, Texas 78703.
The following person provided oral and written testimony in
opposition to SB 1765:
Dee Ann Newbold, president, Texas Acupuncture
Association, 1301 West 25th Street, Suite 401, Austin,
Texas 78705.
The following persons registered in support of SB 1765, but
did not testify:
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia Street, Austin, Texas 78702.
Kern Vanderburg, executive director, Resolve Program,
6933 Chinook Drive, Austin, Texas 78736-1804.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1765, the chair closed public testimony.
Senators Zaffirini, Patterson, Gallegos, West and Galloway
asked unanimous consent to be shown voting "aye" on SB 1765.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SB 1765 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 1765 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 877 by
Senator Sibley, relating to the regulation of the practice of
dentistry, which had been left pending.
Senator Moncrief moved that the amendments adopted be rolled
into a new committee substitute for SB 877 and that the
committee substitute, as amended, be adopted. There being no
objection, the motion prevailed by unanimous consent.
Senators Zaffirini, Gallegos, West, Madla and Galloway asked
unanimous consent to be shown voting "aye" on CSSB 877.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SB 877 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 Madla moved that CSSB 877 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew SB 361 by Senator Madla, relating to
the continuation and functions of the Texas State Board of
Acupuncture Examiners, which had been left pending, and
recognized the author.
The following persons registered in support of SB 361, but did
not testify:
Tim Weitz, attorney, Texas Acupuncture Association, 327
Congress Ave., Suite 600, Austin, Texas 78701.
Dr. Chris Butler, vice president, Texas Acupuncture
Association, 5000 Bee Caves Road, Suite 100, Austin,
Texas 78746.
Dee Ann Newbold, president, Texas Acupuncture
Association, 1301 West 25th Street, Suite 401, Austin,
Texas 78705.
Steven Bradley Sheperd, acupuncturist, Texas Acupuncture
Association, 2208 W. 49th Street, Austin, Texas 78756.
Dr. Chris Butler, licensed acupuncturist, Texas
Acupuncture Association, 5000 Bee Caves Rd., Suite 100,
Austin, Texas 78746.
J.P. Word, executive director, Texas Chiropractic
Association, 1601 Rio Grande, Suite, 420,
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
West Martin L. King Blvd.,
Suite 7, Austin, Texas 78701.
Jennifer Jones, project administrator, Sunset Commission,
E2.002 Capitol Extension, P.O. Box 13066, Austin, Texas
78711.
Charla Ann King, senior policy analyst, Sunset
Commission, E2.002 Capitol Extension, P.O. Box 13066,
Austin, Texas 78711.
Zoe Messinger, policy analyst, Sunset Commission, E2.002
Capitol Extension, P.O. Box 13066, Austin, Texas 78711.
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.
Senator Madla sent up anew committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla sent up anew committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla sent up committee amendment 3 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senators Zaffirini, Gallegos, Patterson, West and Galloway
asked unanimous consent to be shown voting "aye" on SB 361.
There being no objection, the motion prevailed by unanimous
consent.
Senator Madla moved that SB 361, 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 Madla moved that SB 361 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 SCR 19 by
Senator Truan, memorializing the Congress of the United States
to amend federal law to allow legal aliens access to food
stamp benefits, which had been left pending, and recognized
Senator Nixon.
The following persons provided oral testimony in support of
the committee substitute for SCR 19, but did not testify:
Hannah Riddering, vice president, Texas National
Organization for Women, 5911 Shoal Creek Blvd., Austin,
Texas 78757.
Margot Rodriguez, 2334 Wilson St., #206, Austin, Texas
78704.
Karen Fleshman, coordinator, Texas Immigration and
Refugee Coalition, 1919 South First St., Austin, Texas
78704.
Ismael Benitez, 2322 Wilson St., #101, Austin, Texas
78704.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
Al Kauffman, regional counsel, Mexican American Legal
Defense and Educational Fund, 140 E. Houston, San
Antonio, Texas 78201.
The following person provided oral testimony in support of the
committee substitute for SCR 19, but did not testify:
Caitriona Lyons, immigrant and refugee specialist, Texas
Department of Human Services, P.O. Box 149030, Austin,
Texas 78714-9030.
Senator Nixon moved that the committee substitute for SCR 19
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senators Zaffirini, Gallegos, Patterson and West asked
unanimous consent to be shown voting "aye" on CSSCR 19. There
being no objection, the motion prevailed by unanimous consent.
Senator Galloway asked unanimous consent to be shown voting
"nay" on CSSCR 19. There being no objection, the motion
prevailed by unanimous consent.
Senator Nixon moved that SCR 19 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 anew SB 1234 by Senators Moncrief and
Madla, relating to licensure of certain
publicly funded providers under the chronically ill and
disabled children's services program, which had been left
pending, and recognized Senator Moncrief.
The following persons provided oral testimony in support of SB
1234:
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek, Suite 171E, Austin, Texas 78757.
Bob Kafka, organizer, American Disabled for Attendant
Programs Today, 1319 Lamar Square Drive, Austin, Texas
78704.
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 in support of SB 1234, but
did not testify:
Liz Newheuse, assistant director, Texas Respite Resource
Network, 519 W. Houston, 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 St., 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
Street, Austin, Texas 78701.
Gordon Israel, president, Draco Residences, Inc., 3409
Executive Center Dr., Suite 233, Austin, Texas 78731.
Laura Brown, project coordinator, Coalition of Texans
with Disabilities, 316 W. 12th St., Suite 405, Austin,
Texas 78701.
Carole Smith, past board president, Texas Association on
Mental Retardation, 11624 Jollyville Road, Austin, Texas
78759.
Carole Smith, executive director, Private Providers
Association of Texas, 8711 Burnet Road, Suite A-19,
Austin, Texas, 78759.
The following persons registered as resource witnesses on SB
1234, but did not testify:
Julia Beechinor, division director, Health Facility
Licensing, Texas Department of Health, 1100 W. 49th St.,
Austin, Texas 78756.
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 SB 1234, the
chair closed public testimony.
Senators Zaffirini, Gallegos, Patterson and Galloway asked
unanimous consent to be shown voting "aye" on SB 1234. There
being no objection, the motion prevailed by unanimous consent.
Senator Nixon moved that SB 1234 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 1234 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew 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,
which had been left pending, and recognized the author.
The following person provided oral testimony in support of SB
1763:
Keith Perry, president, Sears Methodist Retirement
System, Inc., 3233 S. Willis, Abilene, Texas 79605.
The following persons registered in support of SB 1763, but
did not testify:
Candice A. Carter, state legislative representative,
American Association of Retired Persons, 98 San Jacinto,
Suite 750, Austin, Texas 78701.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, 2909 Oak Lane, Austin, Texas
78704.
Ken Kramer, PhD, member, Capitol City Task Force,
American Association of Retired Persons, 98 San Jacinto,
Suite 750, Austin, Texas 78701.
Aaryce Hayes, program specialist, Advocacy, Inc., 7800
Shoal Creek Blvd., Suite 171E, Austin, Texas 78757.
Roy Ray, Capitol City Task Force, American Association of
Retired Persons, 7612 Shoal Creek, Austin, Texas 78757.
Allen 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.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
David Latimer, vice president, Governmental Affairs,
Texas Association of Homes and Services for the Aging,
2205 Hancock Drive, Austin, Texas 78756.
Glenda Smelser, vice president, Texas Advocates for
Nursing Home Residents, 2234 Bishop Drive, Grand Prairie,
Texas 75050.
Ken Kramer, Capitol City Task Force, American Association
of Retired Persons, 98 San Jacinto Blvd., Suite 750,
Austin, Texas 78701.
Harold Hammett, attorney, Fireside Lodge, 303 West 10th
Street, Suite 300, Austin, Texas 76102.
The following person registered as a resource witness on SB
1763:
John Willis, state ombudsman, Texas Department on Aging,
P.O. Box 12786, Austin, Texas 78711.
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 temporarily.
The chair laid out anew SB 1067 by Senator Zaffirini, relating
to assistance for certain legal immigrants, which had been
left pending.
The following persons provided oral testimony on SB 1067:
David Austin, professor, 4300 Edgemont, Austin, Texas
78731.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
William Beardall, board member, Texas Appleseed Advocacy
Fund, 816 Congress, Suite 1900, Austin, Texas 78701.
Leslie Hernandez, director, Government Affairs, National
Association of Social Workers, 810 W. 11th, Austin, Texas
78701.
Al Kauffman, regional counsel, Mexican American Legal
Defense and Educational Fund, 140 E. Houston, San
Antonio, Texas 78201.
The chair left public testimony open and SB 1067 pending
temporarily.
The chair laid out anew 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,
which had been left pending, and recognized the author.
Senator Moncrief moved to reconsider the adoption of committee
amendment 1, which was adopted on Wednesday, April 2. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief sent up committee amendment 1, as amended,
and moved its adoption. There being no objection, the motion
prevailed by unanimous consent.
Senator Carona sent up committee amendment 2 and moved its
adoption. There being objection by Senators Nelson, Moncrief
and Madla, the motion failed.
Senator Moncrief moved that SB 1763, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion failed by a vote of 3 "ayes" and
3 "nays."
Senator Harris moved to reconsider the vote on SB 1763. There
being no objection, the motion prevailed by unanimous consent.
Senator Madla moved to reconsider the adoption of committee
amendment 2. There being no objection, the motion prevailed
by unanimous consent.
Senator Carona sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senators Zaffirini, Gallegos, Patterson and Galloway asked
unanimous consent to be shown voting "aye" on SB 1763. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief moved anew that SB 1763, 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 Carona moved that SB 1763 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew SB 1067 by Senator Zaffirini, relating
to assistance for certain legal immigrants, which had been
left pending.
The following persons registered in support of SB 1067, but
did not testify:
Karen Fleshman, coordinator, Texas Immigration and
Refugee Coalition, 1919 South First St., Austin, Texas
78704.
Ismael Benitez, 2322 Wilson St., #101, Austin, Texas
78704.
Jos Rodriguez, board member, Texas Appleseed Advocacy
Fund, 500 E. San Antonio, El Paso, Texas 79901.
Jim Allison, general counsel, County Judges and
Commissioners Association of Texas, 208 W. 14th, Austin,
Texas 78701.
David Latimer, vice president, Government Affairs, Texas
Association of Homestead Services for the Aging, 2205
Hancock, Austin, Texas 78750.
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
Hannah Riddering, vice president, Texas National
Organization for Women, 5911 Shoal Creek Blvd., Austin,
Texas 78757.
Anne Heiligenstein, Texas Conference of Catholic Health
Facilities, 1625 Rutherford, Austin, Texas 78754.
Margot Rodriguez, 2334 Wilson St., #206, Austin, Texas
78704.
Caitriona Lyons, immigrant and refugee specialist, Texas
Department of Human Services, P.O. Box 149030, Austin,
Texas 78714-9030.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1067, the
chair closed public testimony.
The chair left SB 1067 pending at the author's request.
The chair laid out anew 1163 by Senators Zaffirini and
Moncrief, relating to information and training about Medicaid
managed care; SB 1164 by Senators Zaffirini and Moncrief,
relating to Medicaid managed care contract compliance; and SB
1165 by Senators Zaffirini and Moncrief, relating to managed
care under the state Medicaid program for children with
special health care needs, and recognized Senator Moncrief.
The following person provided oral testimony in support of SB
1163:
Pam Sweetland, director of Patient Registration, Cook
Children's Medical Center, 801 Seventh Ave., Fort Worth,
Texas 76104.
The following persons provided written testimony in support of
SB 1163:
Bryan Sperry, president, Children's Hospital Association
of Texas, 701 Brazos, Austin, Texas 78701.
Ed Berger, assistant to chief executive officer, Public
Policy, Seton Healthcare Network, 1201 W. 38th Street,
Austin, Texas 78705.
The following persons registered in support of SB 1163, but
did not testify:
Dr. Robert Warren, chief of rheumatology, Texas
Children's Hospital, 6621 Fannin St., Houston, Texas
77030.
Dr. Richard Wayne, chief executive officer and medical
director, Santa Rosa Children's Hospital, 519 W. Houston
St., San Antonio, Texas 78207.
Dr. Linda Janet Holley, physician, Texas Medical
Association, 1954 E. Houston, #104, San Antonio, Texas
78202.
Mark Wallace, president/chief executive officer,
Children's Hospital Association of Texas and Texas
Hospital Association, 6621 Fannin, Houston, Texas 77030.
Dr. Ira Bell, physician, Texas Medical Association, 2200
E. MLK Jr., Blvd., Austin, Texas 78702.
Don Richey, administrator, Guadalupe Valley Hospital,
1215 E. Court St., Seguin, Texas 78155.
Dr. Michael Parchman, physician, Texas Medical
Association and Texas Academy of Family Practice, 845
Lakeway Dr., El Paso, Texas 79932.
Carl Rush, chief operating officer, Family Health
Foundation, P.O. Box 29777, San Antonio, Texas 78229.
Mary Jo Magruder, director, Advocacy and Information,
Texas Planning Council for Developmental Disabilities,
4900 N. Lamar, Austin, Texas 78751.
Denise Bradley, governmental affairs specialist, The Arc
of Texas, 1600 W. 38th St., Suite 200, Austin, Texas
78731.
Christine Devall, public affairs specialist, Mental
Health Association in Texas, 8401 Shoal Creek, Austin,
Texas 78757.
Dr. Clift Price, chair, Legislative Affairs, Texas
Pediatric Society, 401 W. 15th St., Austin, Texas 78701.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 8105 Mullen Dr., Austin, Texas 78757.
Anne Heiligenstein, Texas Conference of Catholic Health
Facilities, 1625 Rutherford, Austin, Texas 78654.
Leslie Hernandez, director, Government Affairs, National
Association of Social Workers, 810 W. 11th, Austin, Texas
78701.
Jennifer M. Cernoch, director, Texas Respite Resource
Network, 519 W. Houston, San Antonio, Texas 78207.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
Nancy Epstein, director, Disability Policy Consortium,
7800 Shoal Creek Blvd., Austin, Texas 78757.
William Beardall, board member, Texas Appleseed Advocacy
Fund, 816 Congress, Suite 1900, Austin, Texas 78701.
John Haas, vice president, Greater San Antonio Hospital
Council, 8620 N. New Braunfels, Suite 420, San Antonio,
Texas 78217.
The following persons registered in support of SB 1164, but
did not testify:
Mark Wallace, president/chief executive officer,
Children's Hospital Association of Texas and Texas
Hospital Association, 6621 Fannin, Houston, Texas 77030.
Dr. Linda Janet Holley, physician, Texas Medical
Association, 1954 E. Houston, #104, San Antonio, Texas
78202.
Dr. Richard Wayne, chief executive officer/medical
director, Santa Rosa Children's Hospital, 519 W. Houston
St., San Antonio, Texas 78207.
Dr. Robert W. Warren, chief of rheumatology, Texas
Children's Hospital, 6621 Fannin St., Houston, Texas
77030.
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
Dr. Ira Bell, physician, Texas Medical Association, 2200
E. MLK Jr. Blvd., Austin, Texas 78702.
Dr. Michael Parchman, physician, Texas Medical
Association and Texas Academy of Family Practice, 845
Lakeway Dr., El Paso, Texas 79932.
Sara Speights, director, Governmental Relations, Texas
Association For Home Care, 3737 Executive Center Drive,
Austin, Texas 78731.
Dr. Clift Price, chair, Legislative Affairs, Texas
Pediatric Society, 401 West 15th, Austin, Texas 78701.
Glenda Smelser, vice president, Texas Advocates for
Nursing Home Residents, 2234 Bishop Dr., Grand Prairie,
Texas 75050.
Tommy Smelser, Texas Advocates for Nursing Home
Residents, 2234 Bishop Dr., Grand Prairie, Texas 75050.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 E. Anderson Lane, #234 W, Austin, Texas
78752.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 8105 Mullen Dr., Austin, Texas 78757-7843.
Anne Heiligenstein, Texas Conference of Catholic Health
Facilities, 1625 Rutherford, Austin, Texas 78754.
Leslie Hernandez, director, Governmental Affairs,
National Association of Social Workers, 810 W. 11th,
Austin, Texas 78701.
John Holtermann, Chapter Legislative Action Committee,
Texas Silver-Haired Legislature, 459 Lindsey, San Marcos,
Texas 78666.
Jennifer Cernoch, director, Texas Respite Resource
Network, 519 W. Houston, San Antonio, Texas 78247.
Ed Berger, assistant to chief executive officer for
public policy, Seton Health Care Network, 1201 W. 38th
St., Austin, Texas 78705.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
Nancy Epstein, director, Disability Policy Consortium,
7800 Shoal Creek Blvd., Austin, Texas 78757.
William Beardall, board member, Texas Appleseed Advocacy
Fund, 816 Congress, Suite 1900, Austin, Texas 78701.
John Haas, vice president, Greater San Antonio Hospital
Council, 8620 N. New Braunfels, Suite 420, San Antonio,
Texas 78217.
Christine Devall, public affairs specialist, Mental
Health Association of Texas, 8401 Shoal Creek Blvd.,
Austin, Texas 78757.
The following person provided oral and written testimony in
support of SB 1164:
Tim Graves, deputy director, Texas Health Care
Association, P.O. Box 4554, Austin, Texas 78765.
The following person provided written testimony in support of
SB 1164:
Bryan Sperry, president, Children's Hospital Association
of Texas, 701 Brazos, Austin, Texas 78701.
The following persons provided oral testimony in support of SB
1165:
Colleen Horton, president, Texas Advocates for Special
Needs Kids, 4004 Shadow Oak, Austin, Texas 78746.
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
The following person provided written testimony in support of
SB 1165:
Bryan Sperry, president, Children's Hospital Association
of Texas, 701 Brazos, Austin, Texas 78701.
The following persons registered in support of SB 1165, but
did not testify:
Barrett Markland, legislative coordinator, Advocacy,
Inc., 8105 Mullen Dr., Austin, Texas 78757.
Dr. Robert Warren, chief of rheumatology, Texas
Children's Hospital, 6621 Fannin St., Houston, Texas
77030.
Mark Wallace, Children's Hospital Association of Texas
and Texas Hospital Association, 6621 Fannin, Houston,
Texas 77030.
Dr. Linda Janet Holley, physician, Texas Medical
Association, 1954 E. Houston, Suite 104, San Antonio,
Texas 78202.
Dr. Richard Wayne, 519 West Houston St., San Antonio,
Texas 78207.
Dr. Ira Bell, physician, Texas Medical Association, 2200
E. MLK. Jr. Blvd., Austin, Texas 78702.
Dr. Michael Parchman, physician, Texas Medical
Association and Texas Academy of Family Practice, 845
Lakeway Dr., El Paso, Texas 79932.
Denise Brady, specialist, Governmental Affairs, The Arc
of Texas, 1600 West 38th St., Suite 200, Austin, Texas
78731.
Dr. Clift Price, chair, Legislative Affairs, Texas
Pediatric Society, 401 West 15th, Austin, Texas 78701.
Anne Heiligenstein, Texas Conference of Catholic Health
Facilities, 1625 Rutherford, Austin, Texas 78754.
Ed Berger, assistant to chief executive officer for
public policy, Seton Healthcare Network, 1201 West 38th
St., Austin, Texas 78705.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
Leslie Hernandez, director, Governmental Affairs,
National Association of Social Workers, 810 West 11th,
Austin, Texas 78701.
John Haas, vice president, Greater San Antonio Hospital
Council, 8620 N. New Braunfels, Suite 420, San Antonio,
Texas 78217.
There being no other witnesses registered or responding
to the chair's call for public testimony related to SB
1163, SB 1164 and SB 1165, the chair closed public
testimony.
The chair left SB 1163, SB 1164 and SB 1165 pending at
the author's request.
The chair laid out anew the committee substitute for 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, which had been left pending, and
recognized the author.
The following persons registered as resource witnesses on
the committee substitute for SB 84, but did not testify:
Bobby Lane, assistant division director, Texas Department
of Health, 1100 W. 49th Street, Austin, Texas 78756.
Dr. Jim Zukowski, division director, Texas Department of
Health, 1100 W. 49th Street, Austin, Texas 78756.
The following persons registered in support of the committee
substitute for SB 84, but did not testify:
John Holtermann, Chapter Legislative Action Committee,
Texas Silver-Haired Legislature, 459 Lindsey, San Marcos,
Texas 78666.
Ken Kramer, PhD, member, Capitol City Task Force,
American Association of Retired Persons, 98 San Jacinto,
Suite 750, Austin, Texas 78701.
Candice Carter, state legislative representative,
American Association of Retired Persons, 98 San Jacinto,
Suite 750, Austin, Texas 78701.
Tim Graves, deputy director, Texas Health Care
Association, P.O. Box 4554, Austin, Texas 78765.
Nan Clayton, volunteer, American Association of Retired
Persons, 2909 Oak Lane, Austin, Texas 78704.
The following persons registered in opposition to the
committee substitute for SB 84, but did not testify:
Christopher Copeland, Texas Association for Licensed
Facility Administrators, 300 Loop 11, Wichita Falls,
Texas 76305.
John Wade, pharmacist, Texas Board of Nursing Home
Administrators, 1305 Wonder World Drive, Suite 102, San
Marcos, Texas 78666.
Benjamin Portwood, administrator, People's Healthcare
Services (Park Plaza Nursing Home), 1201 E. McLennan,
Mart, Texas 76664.
Earl Seesengood, assistant administrator, Grayson Square
Health Care Center, Rt. 5, Box 242, Floresville, Texas
78114.
Pam Stokes, administrator, Texas Association for Nursing
Facility Administrators, 309 5th Street, Sterling City,
Texas 76951.
Myrtle Andrews, administrator, Texas Association for
Licensed Facility Administrators, 137 County Road, Suite
787, Natalia, Texas 78059.
The following person provided oral and written testimony in
support of the committee substitute for SB 84:
Jo Ann Dubois, chair, Administrator's Council, Texas
Health Care Association, 8825 Lamplighter Lane, Port
Arthur, Texas 77642.
The following persons provided oral and written testimony in
opposition to the committee substitute for SB 84:
Beverly Roberts, administrator, Texas Association for
Licensed Facility Administrators, 841 Rice Road, San
Antonio, Texas 78228.
Tom Hunter, Texas Association for Licensed Facility
Administrators, 1403 W. Sixth Street, Austin, Texas
78703.
The following persons provided oral testimony in opposition to
the committee substitute for SB 84:
Mark Foster, Texas Association for Licensed Facility
Administrators, 1403 W. Sixth Street, Austin, Texas
78703.
Cynthia Hanna, Texas Association for Licensed Facility
Administrators, 1403 W. Sixth Street, 2001 Ave. E, Hondo,
Texas 78861.
Timothy Crank, administrator-in-training, Normandy
Terrace Southeast, 8801 Cinnamon Creek, Suite 1321, San
Antonio, Texas 78240.
The following persons provided oral testimony on the committee
substitute for SB 84:
Ramona Kennedy, vice chair, Board of Nursing Facility
Administrators, 4718 Lloyd Ct., Flower Mound, Texas
75028.
Catherine Smith, licensed nursing facility administrator,
Azalea Trail Horizon Facilities Management, P. O. Box
457, Grand Saline, Texas 75144.
The following persons registered on the committee substitute
for SB 84, but did not testify:
Lindsay Thorpe, director, Governmental Relations,
Chartwell Group of Healthcare Companies, 16910 Dallas
Parkway, Suite 200, Dallas, Texas 75243.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 84, the chair closed public testimony.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 3 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 4 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that the amendments adopted be rolled
into a new committee substitute for SB 84 and that the
committee substitute be adopted. There being no objection,
the motion prevailed by unanimous consent.
Senators Zaffirini, Gallegos, Harris and Galloway asked
unanimous consent to be shown voting "aye" on CSSB 84. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 84 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 8 "ayes," 2 "nays"
and 1 "absent."
The chair laid out anew the committee substitute for SB 55,
relating to the regulation of the sale or distribution of
tobacco products; providing penalties, which had been left
pending, and recognized Senator Moncrief to explain the bill.
Senator Moncrief sent up a committee substitute and explained
the differences between it and the bill as filed.
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 group's progress relating to the committee
substitute for SB 55.
The following persons provided oral testimony on the committee
substitute for SB 55:
Susan Steeg, general counsel, Texas Department of Health,
1100 W. 49th Street, Austin, Texas 78737.
Dennis E. Baker, deputy bureau chief, Texas Department of
Health, Bureau of Food and Drug Safety, 1100 W. 49th
Street, Austin, Texas 78756.
At 6:20 p.m. Senator West assumed presiding duties.
At 6:35 p.m. Senator Nelson resumed presiding duties.
The chair left the committee substitute for SB 55 pending at
the author's request.
At 7 p.m. Senator Zaffirini resumed presiding duties.
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 7:20 p.m., subject to the call of the
chair.
______________________________
Senator Judith Zaffirini, Chair
______________________________
Pam Crowley, Committee Clerk