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