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