MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, April 16, 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 16,
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 9, 1997, minutes and called for
revisions. There being none, Senator Nelson moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
At 8:05 a.m. Senator Nelson assumed presiding duties.
The chair laid out anew SB 55 by Senators Zaffirini, Moncrief,
Nelson and Shapleigh, relating to the regulation of the sale
or distribution of tobacco products; providing penalties,
which had been left pending, and recognized Senator Zaffirini.
Senator Harris sent up a committee substitute and explained
the differences between it and the bill as filed.
The following persons registered as resource witnesses on the
committee substitute for SB 55, but did not testify:
Sharon Kohout, director, Tobacco Prevention and Control
Office, Texas Department of Health, 1100 W. 49th St.,
Austin, Texas 78756.
Susan Steeg, general counsel, Texas Department of Health,
1100 W. 49th St., Austin, Texas 78737.
Dennis Baker, deputy bureau chief, Texas Department of
Health, Bureau of Food and Drug Safety, 1100 W. 49th St.,
Austin, Texas 78756.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Nixon sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator West sent up committee amendment 3 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Harris sent up committee amendment 4 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Harris moved that the amendments adopted be rolled
into a new committee substitute for SB 55 and that the
committee substitute be adopted. There being no objection,
the motion prevailed by unanimous consent.
Senator Harris moved that SB 55 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.
Senator Zaffirini asked unanimous consent to be shown voting
"aye" on SB 55. There being no objection, the motion
prevailed by unanimous consent.
Senator Harris moved that SB 55 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 West moved to reconsider the vote on SB 55 due to the
motion by Senator Harris that was left on the table. There
being no objection, the motion prevailed by unanimous consent.
Senator Harris moved to withdraw all previous motions relating
to the committee substitute for
SB 55 that were left on the table.
Senator Harris moved anew that the amendments adopted be
rolled into a new committee substitute for SB 55 and that the
committee substitute be adopted. There being no objection,
the motion prevailed by unanimous consent.
Senator Zaffirini asked unanimous consent to be shown voting
"aye" on SB 55. There being no objection, the motion
prevailed by unanimous consent.
Senator Harris moved anew that SB 55 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 1539 by Senator West, relating to the
regulation of certain facilities, homes, and agencies that
provide child care services and of child care administrators;
providing penalties, and recognized the author to explain the
bill.
Senator West sent up a committee substitute and explained the
differences between it and the bill as filed.
The following person registered in support of the committee
substitute for SB 1539, but did not testify:
Ester Wynn, president-elect, Texas Licensed Childcare
Association, 6113 Langley, Houston, Texas 77016.
The following person registered as a resource witness on the
committee substitute for SB 1539, but did not testify:
Howard Baldwin, general counsel, Texas Department of
Protective and Regulatory Services, 701 W. 51st., Austin,
Texas 78749.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 1539, the chair closed public testimony.
The chair left the committee substitute for SB 1539 pending
temporarily.
At 9:05 a.m. Senator Patterson assumed presiding duties.
The chair laid out SB 940 by Senator Nelson, relating to the
state's mental health and mental retardation services system;
providing penalties, and recognized the author to explain the
bill.
Senator Nelson sent up a committee substitute and explained
the differences between it and the bill as filed.
Senator Nelson moved that the committee substitute for SB 940
be adopted. There being no objection, the motion prevailed by
unanimous consent.
The following person provided oral testimony in support of
CSSB 940:
Joe Lovelace, president, Texas Alliance for the Mentally
Ill, 9332 Forestridge, Dallas, Texas 75238.
The following person provided oral testimony in opposition to
CSSB 940:
Deborah Hiser, attorney, Advocacy, Inc., 7800 Shoal Creek
Blvd., Suite 171 E., Austin, Texas 78752.
The following persons registered in support of CSSB 940, but
did not testify:
Charles Locklin, family member, Texas Alliance for the
Mentally Ill, 7507 Long Point Dr., Austin, Texas 78731.
Spencer McClure, executive director, Texas Council of
Community Mental Health and Mental Retardation Centers,
Inc., 8140 N. Mopac, Austin, Texas 78759.
The following persons registered as resource witnesses on CSSB
940, but did not testify:
Andy Liebler, research analyst, Office of the Comptroller
of Public Accounts, 111 E. 17th St., Austin, Texas 78711.
Cindy Alexander, analyst, Office of the Comptroller of
Public Accounts, 111 E. 17th St., Austin, Texas 78711.
Don Gilbert, commissioner, Texas Department of Mental
Health and Mental Retardation, P.O. Box 12668, Austin,
Texas 78751.
There being no other witnesses registered or responding to the
chair's call for public testimony related to CSSB 940, the
chair closed public testimony.
The chair left CSSB 940 pending temporarily.
At 9:20 a.m. Senator Nelson resumed presiding duties.
The chair laid out SB 1347 by Senator Madla, relating to
certain permitted duties of dental assistants, and recognized
the author to explain the bill.
The following persons provided oral testimony in support of SB
1347:
Dr. Albert Tate, dentist, Texas Pediatric Dentist
Association, 11149 Research Blvd., Austin, Texas 78759.
Dr. Suzi Seale, president, Texas Academy of Pediatric
Dentistry, 6815 Cornelia Lane, Dallas, Texas 75214.
Phil Hunke, president elect, Texas Advocacy of Pediatric
Dentistry, 505 E. Newort Ln., McAllen, Texas 78501.
The following person provided oral testimony in opposition to
SB 1347:
Paul Colbert, Texas Dental Hygienists' Association, 5006
Kinglet, Houston, Texas 77035.
The following persons registered as resource witnesses on SB
1347, but did not testify:
G.M. Nana Lopez, state dental director, Texas Department
of Health, 1100 W. 49th St., 1100 W. 49th St., Austin,
Texas 78756.
Douglas Beran, State Board of Dental Examiners, 333
Guadalupe, Suite 3-800, Austin, Texas 78701.
Jeffry Hill, general counsel, State Board of Dental
Examiners, 333 Guadalupe, Austin, Texas 78711.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1347, the
chair closed public testimony.
The chair left SB 1347 pending temporarily.
The chair laid out SB 1623 by Senator Duncan, relating to the
power of the Lubbock County Hospital District to provide
facilities and hospital-related equipment, supplies, and
services to Lubbock County for the use of the medical
examiner's office, and recognized the author to explain the
bill.
Senator Duncan sent up a committee substitute and explained
the differences between it and the bill as filed.
There being no one registered or responding to the chair's
call for public testimony related to the committee substitute
for SB 1623, the chair closed public testimony.
The chair left the committee substitute for SB 1623 pending
temporarily.
The chair laid out SB 1403 by Senator Moncrief, relating to
the establishment and funding of a blindness education,
screening, and treatment program, and recognized the author to
explain the bill.
Senator Moncrief sent up a committee substitute and explained
the differences between it and the bill as filed.
The following person provided oral and written testimony in
support of the committee substitute for SB 1403:
Elaine Barber, president and chief executive officer,
Prevent Blindness Texas, 3211 West Dallas, Houston, Texas
77019.
The following persons registered in support of the committee
substitute for SB 1403, but did not testify:
Marilyn Schwartz, state vice chairman, Texas Society to
Prevent Blindness, 1122 Colorado, #2102, Austin, Texas
78701.
Diane Ingram, executive director, Prevent Blindness
Texas, 5555 N. Lamar, #K103, Austin, Texas 78759.
Hannah Riddering, 5911 Shoal Creek Blvd., Austin, Texas
78757.
The following persons registered as resource witnesses on the
committee substitute for SB 1403, but did not testify:
Terry Murphy, deputy director for programs, Texas
Commission for the Blind, P.O. Box 12866, Austin, Texas
78711.
Glenda Embree, supervisor of program specialists, Texas
Commission for the Blind, P.O. Box 12546, 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 1403, the chair closed public testimony.
The chair left the committee substitute for SB 1403 pending
temporarily.
The chair laid out SB 1246 by Senator Madla, relating to the
establishment of the statewide rural community health system
to allow for the delivery of certain health care services
pursuant to the Texas Insurance Code, 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 1246:
Dr. Sheri Talley, president, Texas Academy of Family
Physicians, P.O. Box 600, Ft. Stockton, Texas 79735.
Dr. Dorothy Rosson, Texas Medical Association, 1331
Bandera Hwy., Kerrville, Texas 78028.
Denise Casey, Peterson Regional Healthcare Network, 832
Main St., Kerrville, Texas 78028.
Jerry Durr, chief executive officer, Hill Country
Memorial Hospital, P.O. Box 835, Fredricksburg, Texas
78624.
The following persons provided oral testimony on the committee
substitute for SB 1246:
David Hilgers, member, Texas Medical Association, P.O.
Box 2063, Austin, Texas 78768.
Tyrette Hamilton, deputy commissioner, Life Health Group,
Texas Department of Insurance, 333 Guadalupe, Austin,
Texas 78701.
Laura Jordan, executive director, Center for Rural Health
Initiatives, 211 E. 7th, St., #915, Austin, Texas 78704.
Jeff Kloster, Texas Health Maintenance Organization
Association, 1400 Lavaca, Suite 101, Austin, Texas 78701.
The following persons registered in support of the committee
substitute for SB 1246, but did not testify:
John Haas, vice president, Greater San Antonio Hospital
Council, Southwest Texas Rural Health Alliance, 8620 N.
New Braunfels, Suite 420, San Antonio, Texas 78217.
Troy Alexander, member, Texas Rural Health Association,
3845 FM 2222 #30, Austin, Texas 78731.
Marvin Cole, administrator, Fayette Memorial Hospital,
543 N. Jackson, La Grange, Texas 78945.
Dr. Ron McMurry, member, Jasper Hospital District Board,
Texas Academy of Family Practice, 1006 Dickerson Dr.,
Jasper, Texas 75951.
Joe DaSilva, senior vice president, Texas Hospital
Association, P.O. Box 15581, Austin, Texas 78761.
Terry Boucher, executive director, Texas Osteopathic
Medical Association, 1415 Lavaca St., Austin, Texas
78701.
Ed Jackson, Texas Hospital Home Health Association, 600
Congress Ave., Suite 2200, Austin, Texas 78701.
Marc Samuels, Texas Association of Rural Health Clinics,
Amerigyn, Inc., Texas Association of Surgical Centers,
Texas Organization of Rural and Community Hospitals, 600
Congress Ave., Suite 2200, Austin, Texas 78701.
The following person registered as a resource witness on the
committee substitute for SB 1246, but did not testify:
Dr. Michael McKinney, commissioner, Texas Health and
Human Services Commission, 4900 N. Lamar, Austin, Texas
78711-3247.
The chair left the committee substitute for SB 1246 pending
temporarily.
The chair laid out SB 118 by Senator Zaffirini, relating to
placement of certain children in certain long-term care
institutions, and recognized the author to explain the bill.
Senator Zaffirini sent up a committee substitute and explained
the differences between it and the bill as filed.
The following person provided oral testimony in support of the
committee substitute for SB 118:
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
The following persons registered in support of the committee
substitute for SB 118, but did not testify:
Jennifer M. Cernoch, director, Texas Respite Resource
Network, 519 W. Houston, San Antonio, Texas 78247.
Jonas Schwartz, disability policy associate, United
Cerebral Palsy of Texas, 900 Congress, Suite 220, Austin,
Texas 78701.
Bryan Sperry, president, Children's Hospital Association
of Texas, 701 Brazos, Austin, Texas 78701.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek Blvd., #171 E, Austin, Texas
78757.
Laura Brown, project coordinator, Coalition of Texans
with Disabilities, 316 W. 12th, Suite 405, Austin, Texas
78701.
Tim Graves, deputy director, Texas Health Care
Association, P.O. Box 4554, Austin, Texas 78765.
The following persons registered as resource witnesses on the
committee substitute for SB 118, but did not testify:
Dr. Susan Penfield, division director, Planning and
Policy Development, Children with Special Health Care
Needs, Texas Department of Health, 1100 W. 49th, Austin,
Texas 78756-3179.
Gerald McKinney, associate commissioner, Texas Health and
Human Services Commission, 208 Copperleg Rd., Austin,
Texas 78734.
Yolanda Montoya, Texas Health and Human Services
Commission, 4900 N. Lamar, Austin, Texas 78759.
Tom Cowan, director, Interagency Coordination, Texas
Education Agency, 1701 N. Congress, 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 118, the chair closed public testimony.
Senator Zaffirini moved that the committee substitute for SB
118 be adopted.. There being no objection, the motion
prevailed by unanimous consent.
The chair left CSSB 118 pending temporarily.
The chair laid out SB 1607 by Senator Moncrief, relating to
the retention of certain medical records, and recognized the
author to explain the bill.
Senator Moncrief sent up a committee substitute and explained
the differences between it and the bill as filed.
The following person registered as a resource witness on the
committee substitute for SB 1607, but did not testify:
Dr. Bruce Levy, executive director, Texas State Board of
Medical Examiners, 333 Guadalupe, Suite 610, 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 1607, the chair closed public testimony.
The chair left the committee substitute for SB 1607 pending
temporarily.
The chair laid out SB 1297 by Senator Cain, relating to
disciplinary procedures and peer review for certain medical
practitioners; providing administrative penalties; and SB 1566
by Senator Cain, relating to licensing regulations for
physician assistants and acupuncturists; providing an
administrative penalty, and recognized Senator Moncrief to
explain the bills.
The following persons registered in support of SB 1297, but
did not testify:
Timothy E. Weitz, attorney, Texas Acupuncture
Association, 327 Congress, Suite 600, Austin, Texas
78701.
Terry R. Boucher, executive director, Texas Osteopathic
Medical Association, 1415 Lavaca St., Austin, Texas
78701.
C. J. Francisco, associate general counsel, Texas Medical
Association, 401 W. 15th St., Austin, Texas 78701.
The following person registered as a resource witness on SB
1297, but did not testify:
Dr. Bruce Levy, executive director, Texas State Board of
Medical Examiners, 333 Guadalupe, Suite 610, Austin,
Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1297, the
chair closed public testimony.
The following persons registered in support of SB 1566, but
did not testify:
Timothy E. Weitz, attorney, Texas Acupuncture
Association, 327 Congress, Suite 600, Austin, Texas
78701.
Sam Stone, legal counsel, Texas Academy of Physician
Assistants, 111 Congress Ave., Suite 1400, Austin, Texas
78701.
Terry R. Boucher, executive director, Texas Osteopathic
Medical Association, 1415 Lavaca St., Austin, Texas
78701.
C. J. Francisco, associate general counsel, Texas Medical
Association, 401 W. 15th St., Austin, Texas 78701.
The following person registered as a resource witness on SB
1566, but did not testify:
Dr. Bruce Levy, executive director, Texas State Board of
Medical Examiners, 333 Guadalupe, Suite 610, Austin,
Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1566, the
chair closed public testimony.
The chair left SB 1297 and SB 1566 pending temporarily.
The chair laid out anew SB 118 by Senator Zaffirini, relating
to placement of certain children in certain long-term care
institutions, which had been left pending, and recognized the
author.
Senators Carona and West asked unanimous consent to be shown
voting "aye" on CSSB 118. There being no objection, the motion
prevailed by unanimous consent.
Senator Galloway asked unanimous consent to be shown voting
"nay" on CSSB 118. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 118 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."
Senator Zaffirini moved that CSSB 118 be certified for the
local and uncontested calendar. There being objection by
Senator Galloway, the motion failed.
The chair laid out anew SB 1347 by Senator Madla, relating to
certain permitted duties of dental assistants, which had been
left pending, and recognized the author.
Senator Madla sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senators West, Carona and Galloway asked unanimous consent to
be shown voting "aye" on
SB 1347. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that SB 1347, 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 Zaffirini asked unanimous consent for committee
members not present for a vote to be shown voting as indicated
in their written motions. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew SB 1607 by Senator Moncrief, relating
to the retention of certain medical records, which had been
left pending, and recognized the author.
Senator Moncrief moved that the committee substitute for SB
1607 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 1607 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 1607 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew SB 1403 by Senator Moncrief, relating
to the establishment and funding of a blindness education,
screening, and treatment program, which had been left pending,
and recognized the author.
Senator Moncrief moved that the committee substitute for SB
1403 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Galloway asked unanimous consent to be shown voting
"nay" on CSSB 1403. There being no objection, the motion
prevailed by unanimous consent
Senator Moncrief moved that SB 1403 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 9 "ayes," 1 "nay"
and 1 "absent."
Senator Moncrief moved that CSSB 1403 be certified for the
local and uncontested calendar. There being objection by
Senator Galloway, the motion failed.
The chair laid out anew SB 1566 by Senator Cain, relating to
licensing regulations for physician assistants and
acupuncturists; providing an administrative penalty, which had
been left pending, and recognized Senator Moncrief.
Senator Moncrief moved that SB 1566 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 1566 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
Senator Nelson moved, via a request by Senator Harris, that
Senate Enrolling and Engrossing be authorized to make
editorial, nonsubstantive changes to the amendments being
rolled into the new committee substitute for SB 55. There
being no objection, the motion prevailed by unanimous consent.
The chair laid out anew SB 1297 by Senator Cain, relating to
disciplinary procedures and peer review for certain medical
practitioners; providing administrative penalties; which had
been left pending, and recognized Senator Moncrief.
Senator Moncrief moved that SB 1297 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."
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 thirty minutes after the
adjournment of Senate business.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 1:30 p.m.
The chair laid out SB 975 by Senator Madla, relating to the
disclosure of health care information by certain health care
providers, 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 opposition to
the committee substitute for SB 975:
Stuart Atwell, attorney, Records Deposition Service, 9124
Leaside, Dallas, Texas 75238.
Howard Fallon, president, Records Deposition Service of
Texas, Inc., 714 Jackson St., Suite 710, Dallas, Texas
75202.
The following persons registered in support of the committee
substitute for SB 975, but did not testify:
Barbara Benich, volunteer, Legislative Committee, Texas
Health Information Management Association, P.O. Box
26726, Austin, Texas 78755.
Marc Samuels, Texas Organization of Rural and Community
Hospitals, 600 Congress Ave., Suite 2200, Austin, Texas
78701.
Teresa Benavidez, volunteer, Legislative Committee, Texas
Health Information Management Association, 601 E. 15th
St., Austin, Texas 78701.
Cynthia Colovas, volunteer, Texas Health Information
Management Association, P.O. Box 4069, Austin, Texas
78765-4039.
Matthew Wall, associate general counsel, Texas Hospital
Association, 6225 U. S. Hwy 290 East, Austin, Texas
78723.
Carol Taylor, associate director, Public Affairs, Texas
Trial Lawyers Association, 1220 Colorado St., Austin,
Texas 78701.
Carole Kneeland, Texas Association of Broadcasting ,
Freedom of Information Foundation of Texas, 1907 N.
Lamar, Suite 300, Austin, Texas 78705.
Steve Montgomery, manager, Government Affairs, Harris
Methodist Health System, 6000 Western Place, #740, Ft.
Worth, Texas 76107.
There being no other witnesses registered or responding to the
committee substitute for SB 975, the chair closed public
testimony.
Senator Madla moved that the committee substitute for SB 975
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that SB 975 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," 0 "nays" and 1
"absent."
At 1:50 p.m. Senator Nelson assumed presiding duties.
The chair laid out anew 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, which had been left pending, and
recognized Senator Zaffirini.
Senator Zaffirini sent up a committee substitute for SB 1163
and explained the differences between it and the bill as
filed.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Zaffirini moved that the amendment adopted be rolled
into a new committee substitute and that the committee
substitute be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini sent up a committee substitute for SB 1164
and explained the differences between it and the bill as
filed.
Senator Zaffirini moved that the committee substitute for SB
1164 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini sent up a committee substitute for SB 1165
and explained the differences between it and the bill as
filed.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Zaffirini moved that the amendment adopted be rolled
into a new committee substitute and that the committee
substitute be adopted. There being no objection, the motion
prevailed by unanimous consent.
The following persons registered as resource witnesses on CSSB
1163, but did not testify:
Carl Rush, chief operating officer, Family Health
Foundation, P.O. Box 29777, San Antonio, Texas 78229.
Dr. Frank Moore, 24810 Broken Trail, San Antonio, Texas
78255.
Lynne Hudson, associate commissioner, 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 W. 49th St.,
Austin, Texas 78756-3179.
Eric Baumgartner, chief, Bureau of Managed Care, Texas
Department of Health, 1100 W. 49th St., Austin, Texas
78756-3179.
The following persons registered as resource witnesses on CSSB
1164, but did not testify:
Lynne Hudson, associate commissioner, 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 W. 49th St.,
Austin, Texas 78756-3179.
Eric T. Baumgartner, chief, Bureau of Managed Care, Texas
Department of Health, 1100 W. 49th St., Austin, Texas
78756.
The following persons registered as resource witnesses on CSSB
1165, but did not testify:
Bryan Sperry, president, Children's Hospital Association
of Texas, 701 Brazos, Austin, Texas 78701.
Lynne Hudson, associate commissioner, Texas Department of
Health, 2403 Wildgrove, Austin, Texas 78704.
Dr. Susan Penfield, division director, Children with
Special Health Care Needs Planning and Policy
Development, Texas Department of Health, 1100 W. 49th
St., Austin, Texas 78756-3179.
Eric Baumgartner, chief, Bureau of Managed Care, Texas
Department of Health, 1100 W. 49th St., Austin, Texas
78756.
Senator Zaffirini moved that SB 1163 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," 0
"nays" and 1 "absent."
Senator Zaffirini moved that CSSB 1163 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
Senator Zaffirini moved that SB 1164 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 Zaffirini moved that CSSB 1164 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
Senator Zaffirini moved that SB 1165 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 Zaffirini moved that CSSB 1165 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 2 p.m. Senator Zaffirini assumed presiding duties.
The chair laid out anew CSSB 940 by Senator Nelson, relating
to the state's mental health and mental retardation services
system; providing penalties, which had been left pending, and
recognized the author.
Senator Nelson sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that the amendment adopted be rolled into
a new committee substitute and that the committee substitute
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that SB 940 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
Senator Nelson moved that CSSB 940 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 1699 by Senator Cain, relating to the
Texas State Board of Medical Examiners and the licensure of
physicians; providing penalties, and recognized Senator
Gallegos to explain the bill.
The following persons registered in support of SB 1699, but
did not testify:
C. J. Francisco, associate general counsel, Texas Medical
Association, 401 W. 15th St., Austin, Texas 78701.
Terry Boucher, executive director, Texas Osteopathic
Medical Association, 1415 Lavaca St., Austin, Texas
78701.
Hannah Riddering, vice president, Texas National
Organization for Women, 5911 Shoal Creek Blvd., Austin,
Texas 78757.
The following persons registered as resource witnesses on SB
1699, but did not testify:
Ivan Hurwitz, director of licensure, Texas State Board of
Medical Examiners, P.O. Box 2029, Austin, Texas 78768.
Dr. Bruce Levy, executive director, Texas State Board of
Medical Examiners, 333 Guadalupe, Suite 610, Austin,
Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 1699, the
chair closed public testimony.
Senator Gallegos moved that SB 1699 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 Galloway moved that SB 1699 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 1623
by Senator Duncan, relating to the power of the Lubbock County
Hospital District to provide facilities and hospital-related
equipment, supplies, and services to Lubbock County for the
use of the medical examiner's office, which had been left
pending.
Senator Moncrief moved that the committee substitute for SB
1623 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 1623 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
Senator Nelson moved that CSSB 1623 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 1539
by Senator West, relating to the regulation of certain
facilities, homes, and agencies that provide child care
services and of child care administrators; providing
penalties, and recognized the author to explain the bill.
Senator Nelson moved that the committee substitute for SB 1539
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that SB 1539 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," 0
"nays" and 1 "absent."
The chair laid out anew SB 1246 by Senator Madla, relating to
the establishment of the statewide rural community health
system to allow for the delivery of certain health care
services pursuant to the Texas Insurance Code, which had been
left pending, and recognized the author.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that the amendment adopted be rolled
into a new committee substitute for SB 1246 and that the
committee substitute be adopted. There being no objection,
the motion prevailed by unanimous consent.
Senator Madla moved that SB 1246 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," 0
"nays" and 1 "absent."
Senator Madla moved that CSSB 1246 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew SB 1245 by Senator Madla, relating to
laws regulating the distribution and dispensation of
controlled substances and the enforcement of those laws, which
had been left pending, and recognized the author.
Senator Madla sent up a committee substitute for SB 1245 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 1245:
Albert Redford, director of pharmacy operations,
Prescription Card Services Health Systems, 2105 Eagle
Parkway, Ft. Worth, Texas 76177.
Larry Farrow, executive director, Texas Hospice
Organization, 3724 Jefferson, Suite 318, Austin, Texas
78731.
The following persons registered as resource witnesses on the
committee substitute for SB 1245, but did not testify:
Gay Dodson, director of compliance, Texas State Board of
Pharmacy, 333 Guadalupe, Suite 3-600, Austin, Texas
78701.
Johnny Hatchor, assistant commander of narcotics, Texas
Department of Public Safety, 6100 Guadalupe, Austin,
Texas 78681.
Dennis Baker, deputy bureau chief, Bureau of Food and
Drug Safety, 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 1245, the chair closed public testimony.
Senator Madla moved that the committee substitute for SB 1245
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that SB 1245 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 1245 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
With no other business to come before the committee and upon a
motion by Senator Nelson, the chair recessed the committee by
unanimous consent at 2:50 p.m., subject to the call of the
chair.
____________________________
Senator Judith Zaffirini, Chair
____________________________
Pam Crowley, Committee Clerk