MINUTES 
          
                   SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                            Wednesday, April 30, 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 30,  
         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 23, 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 HB 1798 by Representative Wise, relating to  
         recommendations for hospitals relating to missing infants, and  
         recognized the Senate sponsor, Senator Lucio, to explain the  
         bill. 
          
         The following person provided oral testimony on HB 1798: 
          
              John Evans, director, Hospital Licensing, Texas  
              Department of Health, 1100 W. 49th St., Austin, Texas  
              76542. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 1798, the  
         chair closed public testimony. 
          
         Senator Moncrief moved that HB 1798 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 HB 1798 be certified for the local  
          and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2311 by Representative Van de Putte,  
         relating to the reporting of health conditions in the  
         workplace, and recognized the Senate sponsor, Senator Truan,  
         to explain the bill. 
          
         The following persons registered as resource witnesses on HB  
         2311, but did not testify: 
          
              Tom Martin, environmental manager, ASARCO, Inc., P.O. Box  
              1111, El Paso, Texas 79999. 
          
              Erika Erikson, corporate industrial hygienist, RSR  
              Corporation, 2777 Stemmons, #1800, Dallas, Texas 75002. 
          
              Patricia Schnitzer, epidemiologist, 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 HB 2311, the  
         chair closed public testimony. 
          
         Senator Moncrief moved that HB 2311 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 HB 2311 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 729 be Representative Van de Putte,  
         relating to the facilities covered by and the emergency  
         authority of the Texas Department of Health under the lead  
         abatement law, and recognized the Senate sponsor, Senator  
         Truan, to explain the bill. 
          
         Senator West moved that the roll calls for votes on all bills  
         to be heard by the committee be left open so that other  
         members could register their votes during the hearing, and  
         that this be the standard procedure for the rest of session.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         The following person provided oral testimony on HB 729: 
          
              Keith Alexander, chief, Environmental Lead 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 HB 729, the chair  
         closed public testimony. 
  
         Senator Moncrief moved that HB 729 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." 
          
         The chair laid out SB 1774 by Senator Lucio, relating to the  
         creation of a long-term care pharmacy and a long-term care  
         satellite pharmacy license, and recognized the author to  
         explain the bill. 
          
         At 8:25 a.m. Senator Moncrief assumed presiding duties. 
          
         Senator Moncrief sent up a committee substitute and recognized  
         Senator Lucio 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 1774: 
          
              David Jamison, regional manager, National Institutional  
              Pharmacy Services, Inc., Texas Long Term Care Pharmacy  
              Coalition, 20534 Autumn Terrace, Katy, Texas 77450. 
          
              Tim Vordenbaumeu, vice president, Governmental Affairs,  
              American Pharmaceutical Services, 7 Kent Falls Dr., San  
              Antonio, Texas 78248. 
          
              Larry Litzmann, regional director, Pharmacy Corporation  
              of America, Texas Long Term Care Pharmacy Coalition,  
              15815 Jamie Lee Dr., Houston, Texas 77095. 
          
         The following persons provided oral testimony in opposition to  
         the committee substitute for  
         SB 1774: 
          
              David Gonzales, government relations, Legend Pharmacies  
              Southwest, 1800 Guadalupe, Suite D., Austin, Texas 78701. 
          
              Vicki Goode, pharmacist, Glenview Professional Pharmacy,  
              8401 Springbrook Court, Ft. Worth, Texas 76180. 
          
              Tammy B. Gray, pharmacist/owner, Western Trails Pharmacy,  
              2312 Western Trail, #204, Austin, Texas 78745. 
          
         The following person provided oral and written testimony in  
         support of the committee substitute for SB 1774: 
               
              Larry Litzmann, regional director, Pharmacy Corporation  
              of America, Texas Long Term Care Pharmacy Coalition,  
              15815 Jamie Lee Dr., Houston, Texas 77095. 
          
         The following person registered in support of the committee  
  
         substitute for SB 1774, but did not testify: 
          
              Brad Lanham, vice president, Operations, Pharmacy  
              Corporation of America, 3608 Everton Dr., Flower Mound,  
              Texas 75028. 
          
         The following person registered as a resource witness on the  
         committee substitute for SB 1774, but did not testify: 
          
              Fred S. Brinkley Jr., executive director, Texas State  
              Board of Pharmacy, 6804 Beauford Dr., Austin, Texas  
              78750. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to the committee  
         substitute for SB 1774, the chair closed public testimony. 
          
         The chair left the committee substitute for SB 1774 pending  
         temporarily. 
          
         The chair laid out HB 1555 by Representative Greenberg,  
         relating to inspection of certain child-care facilities, and  
         recognized the Senate sponsor, Senator Shapiro, to explain the  
         bill. 
          
         The following person registered in support of HB 1555, but did  
         not testify: 
          
              Susan Baumbach, lobbyist, Texas Licensed Child Care  
              Association, 823 Congress Ave., Suite 915, Austin, Texas  
              78701. 
          
         The following persons registered as resource witnesses on HB  
         1555, but did not testify: 
          
              Cindy Alexander, senior analyst, Comptroller of Public  
              Accounts, 111 E. 17th St., Austin, Texas 78711. 
          
              Kingsbery Otto, attorney, Texas Department of Protective  
              and Regulatory Services, P.O. Box 149030, Austin, Texas  
              78714. 
          
              Karen Eells, director, Child Care Licensing, Texas  
              Department of Protective and Regulatory Services, P.O.  
              Box 149030, Austin, Texas 78714. 
          
              Elias Brise o, director, General Sanitation Division,  
              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 HB 1555, the  
         chair closed public testimony. 
               
         The chair left HB 1555 pending temporarily. 
  
         The chair laid out HB 1724 by Representative  Delisi, relating  
         to the administration and enforcement of the peer assistance  
         program under the Texas Pharmacy Act, and recognized the  
         Senate sponsor, Senator Madla, to explain the bill. 
          
         There being no one registered or responding to the chair's  
         call for public testimony related to HB 1724, the chair closed  
         public testimony. 
          
         The chair left HB 1724 pending temporarily. 
          
         At 9:10 a.m. Senator Madla assumed presiding duties. 
          
         The chair laid out HB 120 by Representative Hirschi, relating  
         to a physician's treatment of acute or chronic pain, and  
         recognized the Senate sponsor, Senator Moncrief, to explain  
         the bill. 
          
         The following persons provided oral testimony in support of HB  
         120: 
          
              Stratton Hill Jr., M.D., member, Texas Medical  
              Association; immediate past president, Texas Pain  
              Society, 2924 Ella Lee Ln., Houston, Texas 77019. 
          
              Carolyn Parker, PhD, executive director, Texas AIDS  
              Network, P.O. Box   2395, Austin,    Texas 78768. 
          
         The following persons registered in support of HB 120, but did  
         not testify: 
          
              Heather Vasek, research and policy specialist, Texas  
              Association for Home Care, 3737 Executive Center Dr.,  
              #151, Austin, Texas 78731. 
          
              Terry Boucher, executive director, Texas Osteopathic  
              Medical Association, 1415 Lavaca St., Austin, Texas  
              78701. 
          
              Greg Hooser, Texas Hospice Organization, 901 Congress,  
         Austin, Texas  78701. 
          
              Larry A. Farrow, executive director, Texas Hospice  
              Association, 3724 Jefferson, Suite 318, Austin, Texas  
              78731. 
          
              James Willmann, general counsel, Texas Nurses  
              Association, 7600 Burnet Rd., #440, Austin, Texas 78757. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 120, the chair  
         closed public testimony. 
          
         The chair left HB 120 pending temporarily. 
          
         The chair laid out HB 606 by Representative Zbranek, relating  
         to access to nursing facilities in rural counties, and  
         recognized the Senator sponsor, Senator Moncrief, to explain  
         the bill. 
          
         Senator Moncrief sent up committee amendment 1 and explained  
         how the amendment would change the bill. 
         The following person provided oral testimony on HB 606: 
          
              Lindsay Thorpe, member, Texas Healthcare Association,  
              16910 Dallas Parkway, #200, Dallas, Texas 75248. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 606, the chair  
         closed public testimony. 
          
         The chair left HB 606 pending temporarily. 
          
         The chair laid out HB 911 by Representative Hirschi, relating  
         to the management of persons with communicable diseases, and  
         recognized the Senate sponsor, Senator Moncrief, to explain  
         the bill. 
          
         The following persons registered as resource witnesses on HB  
         911, but did not testify: 
          
              Susan Steeg, general counsel, Texas Department of Health,  
              1100 W. 49th   St.,  Austin, Texas 78756. 
          
              Michael Kelley, bureau chief, 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 HB 911, the chair  
         closed public testimony. 
          
         The chair left HB 911 pending temporarily. 
          
         The chair laid out HB 2123 by Representative Maxey, relating  
         to the prevention and detection of fraud in certain programs  
         administered by the Texas Department of Human Services, and  
         recognized the Senate sponsor, Senator Moncrief, to explain  
         the bill. 
          
         There being no one registered or responding to the chair's  
         call for public testimony related to  
         HB 2123, the chair closed public testimony. 
          
         Senator Moncrief sent up committee amendment 1 and explained  
         how the amendment would change the bill. 
          
         The chair left HB 2123 pending temporarily. 
          
         The chair laid out HB 1511 by Representative Berlanga,  
         relating to the administration and allocation of Medicaid and  
         other funds used to pay for graduate medical education, and  
         recognized Senator Moncrief to explain the bill on behalf of  
         the Senate sponsor, Senator Zaffirini. 
          
         The following persons registered in support of HB 1511, but  
         did not testify: 
          
              Tom Kleinworth, director, State Relations, Baylor College  
              of Medicine, One Baylor Plaza, Houston, Texas 77030. 
          
              King Hillier, director, Government Relations, Texas  
              Association of Public and Non-Profit Hospitals, 1122  
              Colorado, Suite 1307, Austin, Texas 78701. 
          
              Terry Boucher, executive director, Texas Osteopathic  
              Medical Association, 1415 Lavaca St., Austin, Texas  
              78701. 
          
         The following persons registered as resource witnesses on HB  
         1511, but did not testify: 
          
              Deborah Green, PhD, director, Division of Medical  
              Education, Texas Medical Association, 401 W. 15th St.,  
              Austin, Texas 78731. 
          
              Robert B. Price, executive vice president, The University  
              of Texas Health Science Center, 7703 Floyd Curl Dr., San  
              Antonio, Texas 78284. 
          
              Dr. James Guckian, The University of Texas System, 601  
         Colorado, Austin, Texas 78701. 
          
              Dr. Michael McKinney, commissioner, Texas Health and  
              Human Services Commission, 4900 N. Lamar, Austin, Texas  
              78751. 
          
              Kern Wildenthal, president, The University of  
              Texas-Southern Medical, 5323 Harry Hines Blvd., Dallas,  
              Texas 75235. 
          
              Charles Mullins, executive vice chancellor, The  
              University of Texas System, 601 Colorado, Austin, Texas  
              78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 1511, the  
         chair closed public testimony. 
          
         The chair left HB 1511 pending temporarily. 
         The chair laid out HB 358 by Representative Maxey, relating to  
         the use of certain detained or embargoed articles, and  
         recognized Senator Moncrief to explain the bill on behalf of  
         the Senate sponsor, Senator Zaffirini. 
  
         Senator Moncrief sent up a committee substitute and explained  
         the differences between it and the bill. 
          
         The following person registered  as a resource witness on the  
         committee substitute for HB 358, but did not testify: 
          
              Dennis Baker, deputy bureau chief, Texas Department of  
              Health, Bureau of Food and Drug Safety, 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 HB 358, the chair closed public testimony. 
          
         The chair left the committee substitute for HB 358 pending  
         temporarily. 
          
         The chair laid out HB 1929 by Representative McClendon,  
         relating to the investigation and reporting of child abuse or  
         neglect, and recognized Senator Moncrief to explain the bill  
         on behalf of  the Senate Sponsor, Senator Zaffirini. 
          
         Senator Moncrief sent up committee amendment 1 and explained  
         how the amendment would change the bill. 
          
         The following person registered in support of HB 1929, but did  
         not testify: 
          
              Aaryce Hayes, program specialist, Advocacy, Inc., 7800  
              Shoal Creek Blvd., # 171 E., Austin, Texas 78758. 
               
         The following person registered as a resource witness on HB  
         1929, but did not testify: 
          
              Lisa A. Capers, general counsel, Texas Juvenile Probation  
              Commission, 4900 N. Lamar, Austin, Texas 78711-3547. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 1929, the  
         chair closed public testimony. 
         The chair left HB 1929 pending temporarily. 
          
         The chair laid out HB 885 by Representative Maxey, relating to  
         required planning for the permanent placement of certain  
         children not residing with their families, and recognized  
         Senator Moncrief to explain the bill on behalf of the Senate  
         sponsor, Senator Zaffirini. 
          
         The following persons registered in support of HB 885, but did  
         not testify: 
          
              Heather Vasek, research and policy specialist, Texas  
      
              Association for Home Care, 3737 Executive Center Dr.,  
              #151, Austin, Texas 78731. 
          
              Colleen Horton, president, Texas Advocates for Special  
              Needs Kids, 4004 Shadow Oak, Austin, Texas 78746. 
          
              Kay Lambert, program specialist, Advocacy, Inc., 7800  
              Shoal Creek Blvd., Austin, Texas 78757. 
          
              Jonas E. Schwartz, disability policy associate, United  
              Cerebral Palsy of Texas, 900 Congress, Suite 220, Austin,  
              Texas 78701. 
          
              Carolyn A. Parker, PhD, executive director, Texas AIDS  
              Network, P.O. Box 2395, Austin, Texas 78768. 
          
              Denise Brady, Governmental Affairs, The Arc of Texas,  
              1600 W. 38th St., Suite 200, Austin, Texas 78731. 
          
              Jennifer Reese, project coordinator, Texas Alliance for  
              the Mentally Ill, 1000 E. 7th St., Austin, Texas 78702. 
          
              James Willmann, general counsel, Texas Nurses  
              Association, 7600 Burnet Rd., #440, Austin, Texas 78757. 
          
              Greg Hooser, Private Providers Association, 901 Congress,  
         Austin, Texas 78701. 
          
         The following persons registered as resource witnesses on HB  
         885: 
          
              Mary Jo Magruder, director, Advocacy and Public  
              Information, Texas Planning Council for Developmental  
              Disabilities, 4900 N. Lamar, Austin, Texas 78751. 
          
              Sharon  Cohen, children's health specialist, Texas  
              Department of Health, 1100 W. 49th St., Austin, Texas  
              78704.          
          
         There being no one registered or responding to the chair's  
         call for public testimony related to  
         HB 885, the chair closed public testimony. 
          
         The chair left HB 885 pending temporarily. 
          
         The chair laid out anew the committee substitute for SB 1309  
         by Senator Patterson, relating to the regulation of the use of  
         electroconvulsive therapy, which had been left pending, and  
         recognized the author. 
          
         Senator Patterson sent up committee amendment 1 and explained  
         how the amendment would change the bill as filed. 
          
         The chair left the committee substitute for SB 1309 pending  
         temporarily. 
  
         By unanimous consent, upon a motion by Senator Patterson, the  
         chair recessed the Texas Senate Committee on Health and Human  
         Services at 9:40 a.m. until thirty minutes after the  
         adjournment of the Texas Senate. 
          
         Senator Nelson  assumed presiding duties and reconvened the  
         Texas Senate Committee on Health and Human Services at 2:45  
         p.m. 
          
         The chair laid out HB 699 by Representative Coleman, relating  
         to requirements for licensing as a professional counselor, and  
         recognized the Senate sponsor, Senator Barrientos, to explain  
         the bill. 
          
         The following persons provided oral testimony in support of HB  
         699: 
          
              Jan Gallagher, president-elect, Texas Counseling  
              Association, Harlandale Independent School District, 102  
              Genevieve, San Antonio, Texas 78214. 
          
              Carolyn Greer, member, Texas Counseling Association, 580  
              Elkins Lake, Huntsville, Texas 77340. 
          
         The following person provided oral and written testimony in  
         support of HB 699: 
          
              Carolyn Ewbank, chair,  Clinicians' Issues Committee,  
              Texas Counseling Association, 3402 Harwood, Tyler, Texas  
              75701 
               
         The following persons registered in support of HB 699, but did  
         not testify: 
          
              Elaine Nail, past president, Texas Counseling  
              Association, 5426 80th St., Lubbock, Texas 79424. 
          
              Jimmy C. Nail, 5426 80th St., Lubbock, Texas 79424. 
          
              Charlotte McKay, executive director, Texas Counseling  
              Association, 316 W. 12th St., #402, Austin, Texas 78731. 
          
              Thomas Zimmermann, counselor, Texas Counseling  
              Association, Synergy Counseling, 12741 Research, #302,  
              Austin, Texas 78750. 
          
              Teddie Lynette Jackson, licensed professional counselor,  
              Texas Counseling Association, 13212 N. Lamar, Austin,  
              Texas 78753. 
          
              Mark Tays, licensed professional counselor/member, Texas  
              Counseling Association, 3007 Rivercrest Dr., Austin,  
              Texas 78741. 
          
              Dr. Kathy Synatschk, member, Texas Counseling  
              Association, 12003 Misty Brook Dr., Austin, Texas 78727. 
          
              Bill Dalrymple, liaison, Governmental Relations, 316 W.  
              12th St., #402, Austin, Texas 78701. 
          
         The following person registered as a resource witness on HB  
         699, but did not testify: 
          
              Kathy Craft, executive secretary, Texas State Board of  
              Examiners of Professional Counselors, 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 HB 699, the chair  
         closed public testimony. 
          
         Senator Moncrief moved that HB 699 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 HB 120 by Representative Hirschi,  
         relating to a physician's treatment of acute or chronic pain,  
         which had been left pending, and recognized the Senate  
         sponsor, Senator Moncrief. 
          
         Senator Moncrief moved that HB 120 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 HB 120 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew SB 1774 by Senator Lucio, relating to  
         the creation of a long-term care pharmacy and a long-term care  
         satellite pharmacy license, which had been left pending, and  
         recognized the author. 
          
         Senator Moncrief moved that the committee substitute for SB  
         1774 by adopted.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 1774 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." 
          
         The chair laid out anew HB 358 by Representative Maxey,  
         relating to the use of certain detained or embargoed articles,  
         which had been left pending. and recognized Senator Moncrief  
         on behalf of  the Senate sponsor, Senator Zaffirini. 
          
         Senator Moncrief moved that the committee substitute for HB  
         358 be adopted.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Moncrief moved that HB 358 be reported to the Senate  
         with the recommendation that it do not pass but that the  
         committee substitute adopted in lieu thereof do pass and be  
         printed.  The motion prevailed by a vote of  11 "ayes"  and 0  
         "nays."  
          
         The chair laid out anew HB 606 by Representative Zbranek,  
         relating to access to nursing facilities in rural counties,  
         which had been left pending, and recognized the Senator  
         sponsor, Senator Moncrief. 
          
         Senator Moncrief moved that committee amendment 1 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that HB 606, 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 HB 606 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 885 by Representative Maxey,  
         relating to required planning for the permanent placement of  
         certain children not residing with their families, which had  
         been left pending, and recognized Senator Moncrief on behalf  
         of the Senate sponsor, Senator Zaffirini. 
          
         Senator Moncrief moved that HB 885 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 HB 885 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 911 by Representative Hirschi,  
         relating to the management of persons with communicable  
         diseases, which had been left pending, and recognized the  
         Senate sponsor, Senator Moncrief. 
          
         Senator Moncrief moved that HB 911 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 HB 911 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1511 by Representative Berlanga,  
         relating to the administration and allocation of Medicaid and  
         other funds used to pay for graduate medical education, which  
         had been left pending, and recognized Senator Moncrief on  
         behalf of the Senate sponsor, Senator Zaffirini. 
         Senator Moncrief moved that HB 1511 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 HB 1511 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1555 by Representative Greenberg,  
         relating to inspection of certain child-care facilities, which  
         had been left pending, and recognized the Senate sponsor,  
         Senator Shapiro. 
          
         Senator Patterson moved that HB 1555 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 Patterson moved that HB 1555 be certified for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1724 by Representative Delisi,  
         relating to the administration and enforcement of the peer  
         assistance program under the Texas Pharmacy Act, which had  
         been left pending, and recognized the Senate sponsor, Senator  
         Madla. 
          
         Senator Madla moved that HB 1724 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 HB 1724 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1929 by Representative McClendon,  
         relating to the investigation and reporting of child abuse or  
         neglect, which had been left pending, and recognized Senator  
         Moncrief on behalf of the Senate sponsor, Senator Zaffirini. 
          
         Senator Moncrief moved that committee amendment 1 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that HB 1929, 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." 
         The chair laid anew HB 2123 by Representative Maxey, relating  
         to the prevention and detection of fraud in certain programs  
  
         administered by the Texas Department of Human Services, which  
         had been left pending, and recognized the Senate sponsor,  
         Senator Moncrief. 
          
         Senator Moncrief moved that committee amendment 1 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that HB 2123, 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 Moncrief moved that HB 2123 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 1309  
         by Senator Patterson, relating to the regulation of the use of  
         electroconvulsive therapy, which had been left pending, and  
         recognized the author. 
          
         Senator Patterson moved that committee amendment 1 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Patterson moved that the amendment adopted be rolled  
         into a new committee substitute for SB 1309 and that the  
         committee substitute be adopted.  There being no objection,  
         the motion prevailed by unanimous consent. 
          
         Senator Patterson moved that SB 1309 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." 
          
         The chair laid out SB 1757 by Senator Fraser, relating to the  
         regulation of drinking water at certain youth camps, and  
         recognized the author to explain the bill. 
          
         At 3:30 p.m. Senator Moncrief assumed presiding duties. 
          
         The following person provided oral testimony in support of SB  
         1757: 
              Mike Adams, owner/director, Camp Huawni, 1405 S. Main  
         St., Henderson, Texas 75654. 
          
         The following person provided oral testimony on SB 1757: 
          
              Steve Walden, director, Water Utilities Commission, Texas  
              Natural Resources Conservation Commission, P.O. Box  
              13087, Austin, Texas 78711-3087. 
          
         The following person provided oral and written testimony in  
  
         support of SB 1757: 
          
              Tex Robertson, vice chairman, Camp Longhorn, P.O. Box 60,  
         Burnet, Texas 78611. 
          
         The following persons registered in support of SB 1757, but  
         did not testify: 
          
              John Robertson, Camp Longhorn, 312 Evergreen Circle,  
         Burnet, Texas 78611. 
          
              Dick Eastland, president, Camp Mystic, Rt. 2, Box 257,  
         Hunt, Texas 78024. 
          
         The following person registered as a resource witness on SB  
         1757, but did not testify: 
               
              Elias Brise o, director, General Sanitation Division,  
              Texas Department of Health, 1100 W. 49th St., Austin,  
              Texas 78756. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to SB 1757, the  
         chair closed public testimony. 
          
         Senator  Carona moved that SB 1757 be reported to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion prevailed by a vote of 9 "ayes," 0 "nays" and 2  
         "absent." 
          
         Senator  Gallegos moved that SB 1757 be certified for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2601 by Representative Wohlgemuth,  
         relating to regulating personal care facilities; providing for  
         a civil penalty, and recognized the Senate sponsor, Senator  
         Carona, to explain the bill. 
         Senator Carona sent up a committee substitute and explained  
         the differences between it and the bill. 
          
         The following persons registered in support of the committee  
         substitute for HB 2601, but did not testify: 
          
              Carolyn Ewbank, 3402 Harwood, Tyler, Texas 75701. 
          
              Jan Gallagher, 1710 Brogan, San Antonio, Texas 78232. 
          
              Elaine Nail, 5426 80th St., Lubbock, Texas 79424. 
          
              Jimmy C. Nail, 5426 80th St., Lubbock, Texas 79424. 
          
         The following person registered as a resource witness on the  
         committee substitute for HB 2601, but did not testify: 
          
              Marc Gold, manager, Long Term Care Policy, Texas  
              Department of Human Services, 701 W. 51st St., Austin,  
              Texas 78757. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 2601, the  
         chair closed public testimony. 
          
         The chair left the committee substitute for HB 2601 pending  
         temporarily. 
          
         The chair laid out HB 956 by Representative Goodman, relating  
         to the definition of medical waste, and recognized the Senate  
         sponsor, Senator Carona, to explain the bill. 
          
         The following person provided oral testimony in support of HB  
         956:       
          
              Steve Montgomery, manager, Governmental Affairs, Harris  
              Methodist Health System, 6000 Western Place, #740, Ft.  
              Worth, Texas 76107. 
          
         The following person registered in support of HB 956, but did  
         not testify: 
          
              Matthew Wall, associate general counsel, Texas Hospital  
              Association, 6225 US Hwy. 290 E., Austin, Texas 78723. 
          
         The following persons registered as a resource witness on HB  
         956, but did not testify: 
          
              John Lyles, chief, Industrial Hygiene, Texas Department  
              of Health, 1100 W. 49th St., Austin, Texas 78756. 
          
              Annette Lovoi, liaison, Employee Benefit Transfer, Office  
              of the Comptroller of Public Accounts, 111 E. 17th St.,  
              Austin, Texas 78703. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 956, the chair  
         closed public testimony. 
          
         Senator  Carona moved that HB 956 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 HB 956 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 2601 by Representative Wohlgemuth,  
         relating to regulating personal care facilities; providing for  
         a civil penalty, which had been left pending, and recognized  
         the Senate sponsor, Senator Carona. 
  
         Senator Carona moved that the committee substitute for HB 2601  
         be adopted.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator  Carona moved that HB 2601 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  Carona moved that CSHB 2601 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 Gallegos, the chair recessed the committee  
         by unanimous consent at 3:45 p.m., subject to the call of the  
         chair. 
          
         _____________________________ 
         Senator Judith Zaffirini, Chair 
          
         _____________________________ 
         Pam Crowley, Committee Clerk