MINUTES 
          
                   SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                             Wednesday, May 7, 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, May 7, 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 30, 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 3315 by Representative Solis, relating  
         to equalization of facilities and funding for mental health  
         treatment and services, and recognized the Senate sponsor,  
         Senator Lucio, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         3315: 
          
              Don Gilbert, commissioner, Texas Department of Mental  
              Health and Mental Retardation, P.O. Box 12668, Capitol  
              Station, Austin, Texas 78711. 
          
         The following person registered in support of  HB 3315, but  
         did not testify: 
          
              Joe Lovelace, Texas Alliance for the Mentally Ill, 1000  
              E. 7th St., # 208, Austin, Texas 78702. 
          
         Senator Madla sent up committee amendment 1, and the chair  
         recognized Senator Lucio to explain how it would change the  
         bill. 
         There being no other witnesses registered or responding to the  
  
         chair's call for public testimony related to HB 3315, the  
         chair closed public testimony. 
          
         The chair left HB 3315 pending at the author's request. 
          
         The chair laid out HB 212 by Representative Chisum, relating  
         to the advisory function of the Texas Radiation Advisory  
         Board; and HB 213 by Representative Chisum, relating to the  
         composition and duties of the radiation advisory board, and  
         recognized the Senate sponsor, Senator Brown, to explain the  
         bills. 
          
         The following person registered as a resource witness on HB  
         212 and HB 213: 
          
              Richard Ratliff, 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 212 and HB  
         213, the chair closed public testimony. 
          
         The chair left HB 212 and HB 213 pending temporarily. 
          
         At 8:20 a.m. Senator Nelson assumed presiding duties. 
          
         The chair laid out HB 2509 by Representative Hilderbran,  
         relating to a pilot program for the treatment of Alzheimer's  
         patients, and recognized the Senate sponsor, Senator  
         Zaffirini, to explain the bill. 
          
         The following persons registered in support of HB 2509, but  
         did not testify: 
          
              Ken Kramer, State Legislative Committee, American  
              Association of Retired Persons, 98 San Jacinto, # 750,  
              Austin, Texas 78701. 
          
              John Trevey, board member, Austin Alzheimer's  
              Association, 3700 Adelphi, Austin, Texas 78727. 
          
              Nan Clayton, volunteer, American Association of Retired  
              Persons, 2909 Oak Lane, Austin, Texas 78704. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 2509, the  
         chair closed public testimony. 
         The chair left HB 2509 pending temporarily. 
          
         The chair laid out HB 2510 by Representative Hilderbran,  
         relating to the regulation of certain personal care  
         facilities, and recognized the Senate sponsor, Senator  
         Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute and explained  
  
         the differences between it and the bill. 
          
         The following person provided oral testimony in support of the  
         committee substitute for HB 2510: 
          
              David Latimer, vice president, Governmental Affairs,  
              Texas Association of Homes and Services for the Aging,  
              2205 Hancock Drive, Austin, Texas 78756. 
          
         The following persons provided oral testimony in opposition to  
         the committee substitute for  
         HB 2510: 
          
              John Trevey, manager, Barton House, 3700 Adelphi Lane,  
         Austin, Texas 78727. 
          
              C. W. "Matt" Matthews, president, Texas Organization of  
              Residential Care Homes, P.O. Box 728, Del Valle, Texas  
              78617. 
          
         The following persons provided oral testimony on the committee  
         substitute for HB 2510: 
          
              Diana Deaton, executive director, Texas Assisted Living  
              Association, 9903 B. Hundred Oaks Circle, Austin, Texas  
              78750. 
          
              Mary Beth Delehanty, executive director, Pine Haven  
              Alzheimer's Community, 10225 Cypresswood Dr., Houston,  
              Texas 77070. 
          
         The following persons registered in support of the committee  
         substitute for HB 2510, but did not testify: 
          
              Ken Kramer, State Legislative Committee, American  
              Association of Retired Persons, 98 San Jacinto, # 750,  
              Austin, Texas 78701. 
          
              Nan Clayton, volunteer, American Association of Retired  
              Persons, 2909 Oak Lane, Austin, Texas 78704. 
          
              Marc Gold, manager, Long Term Care Policy, Texas  
              Department of Human Services, 701 W. 51st St., Austin,  
              Texas 78756. 
          
         The following person provided written testimony in opposition  
         to the committee substitute for  
         HB 2510: 
          
              Jaron Winston, M.D., Austin Diagnostic Clinic, P.O. Box  
              85111, Austin, Texas 78708-5111. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to the committee  
  
         substitute for HB 2510, the chair closed public testimony. 
          
         The chair left the committee substitute for HB 2510 pending  
         temporarily. 
          
         The chair laid out HB 2126 by Representative Maxey, relating  
         to requiring the Department of Human Services to evaluate and  
         improve its programs, and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill. 
          
         Senator Moncrief sent up a committee substitute, and the chair  
         recognized Senator Shapleigh to explain the differences  
         between it and the bill. 
          
         The following person registered as a resource witness on the  
         committee substitute for HB 2126: 
          
              Kent Gummerman, director, Texas Department of Human  
              Services, 8603 Winding Walk, Austin, Texas 78757. 
          
         The following persons registered in support of the committee  
         substitute for HB 2126, but did not testify: 
          
              Ken Kramer, State Legislative Committee, American  
              Association of Retired Persons, 98 San Jacinto, # 750,  
              Austin, Texas 78701. 
          
              Nan Clayton, volunteer, American Association of Retired  
              Persons, 2909 Oak Lane, Austin, Texas 78704. 
          
              Tommy Smelser, Texas Advocates for Nursing Home  
              Residents, 2234 Bishop Dr., Grand Prairie, Texas  
              75050-2109. 
              Caroline D. Marcy, board member, Texas Advocates for  
              Nursing Home Residents, 421 San Mateo Dr., Garland, Texas  
              75043. 
          
              Lou O'Reilly, founder, Texas Advocates for Nursing Home  
              Residents, P.O. Box 763143, Dallas, Texas 75376. 
          
              Barbara Lutz, member, Texas Advocates for Nursing Home  
              Residents, 2708 Western Hills, Lancaster, Texas 75146. 
          
              Lucille Gropp, secretary, Texas Advocates for Nursing  
              Home Residents, 358 Cardinal Creek Dr., Duncanville,  
              Texas 75137. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to the committee  
         substitute for HB 2126, the chair closed public testimony. 
          
         The chair left the committee substitute for HB 2126 pending  
         temporarily. 
          
         The chair laid out HB 460 by Representative Maxey, relating to  
         federal waivers or authorizations relating to certain  
         federally funded long-term care Medicaid programs, and  
         recognized the Senate sponsor, Senator Moncrief, to explain  
         the bill. 
          
         The following persons registered in support of HB 460, but did  
         not testify: 
          
              Laura Brown, project coordinator, Coalition of Texans  
              with Disabilities Personal Assistance, 316 W. 12th, Suite  
              406, Austin, Texas 78701. 
          
              Ken Kramer, State Legislative Committee, American  
              Association of Retired Persons, 98 San Jacinto, # 750,  
              Austin, Texas 78701. 
          
              Jonas Schwartz, disability policy associate, United  
              Cerebral Palsy of Texas, 900 Congress, Suite 220, Austin,  
              Texas 78701. 
          
              Bob Kafka, organizer, ADAPT of Texas, 1319 Lamar Square  
              Dr., # 101, Austin, Texas 78704. 
          
              Nan Clayton, volunteer, American Association of Retired  
              Persons, 2909 Oak Lane, Austin, Texas 78704. 
              Mary Jo Magruder, director, Advocacy and Public  
              Information, Texas Planning Council for Developmental  
              Disabilities, 4900 N. Lamar, Austin, Texas 78751. 
          
              Jennifer Cernoch, director, Texas Respite Resource  
              Network, 519 W. Houston, San Antonio, Texas 78207. 
          
              Barrett Markland, legislative coordinator, Advocacy,  
              Inc., 7800 Shoal Creek, # 171 E., Austin, Texas 78757. 
          
              Lucille Gropp, secretary, Texas Advocates for Nursing  
              Home Reform, 358 Cardinal Creek Dr., Duncanville, Texas  
              75137. 
          
              Caroline Marcy, board member, Texas Advocates for Nursing  
              Home Residents, 421 San Mateo Dr., Garland, Texas 75043. 
          
              Glenda Smelser, Texas Advocates for Nursing Home  
              Residents, 2234 Bishop Dr., Grand Prairie, Texas  
              75050-2109. 
          
              Lisa McGiffert, senior policy analyst, Consumers Union,  
              1300 Guadalupe, #100, Austin, Texas 78701. 
          
         The following persons registered as resource witnesses on HB  
         460, but did not testify: 
          
              Cathy Rossberg, associate commissioner, Health and Human  
      
              Services Commission, P.O. Box 13247, Austin, Texas 78751.         
          
              Anita Anderson, Medicaid Division, Texas Department of  
              Human Services, 701 W. 51st St., Austin, Texas 78714. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 460, the chair  
         closed public testimony. 
          
         The chair left HB 460 pending temporarily. 
          
         The chair laid out HB 663 by Representative Maxey, relating to  
         the assessment of needs of individuals served by long-term care  
         services programs offered by health and human services  
         agencies, and recognized the Senate sponsor, Senator Moncrief,  
         to explain the bill. 
          
         The following person provided oral testimony in support of HB  
         663: 
              Laura Brown, project coordinator, Coalition of Texans  
              With Disabilities Personal Assistance Services Task  
              Force, 316 W. 12th St., Suite 405, Austin, Texas 78701. 
          
         The following persons registered as resource witnesses on HB  
         663, but did not testify: 
          
              Cathy Rossberg, associate commissioner, Texas Health and  
              Human Services Commission, P.O. Box 13247, Austin, Texas  
              78751. 
          
              Anita Anderson, manager, Long Term Care Waiver Section,  
              Texas Department of Human Services, 701 W. 51st St.,  
              Austin, Texas 78714. 
          
         The following persons registered in support of HB 663, but did  
         not testify: 
          
              Ken Kramer, State Legislative Committee, American  
              Association of Retired Persons, 98 San Jacinto, # 750,  
              Austin, Texas 78701. 
          
              Jonas Schwartz, disability policy associate, United  
              Cerebral Palsy of Texas, 900 Congress, Suite 220, Austin,  
              Texas 78701. 
          
              Bob Kafka, organizer, ADAPT of Texas, 1319 Lamar Square  
              Dr., #101, Austin, Texas 78704. 
          
              Heather Vasek, research and policy specialist, Texas  
              Association for Home Care, 3737 Executive Center Dr., #  
              151, Austin, Texas 78731. 
          
              Nan Clayton, volunteer, American Association of Retired  
              Persons, 2909 Oak Lane, Austin, Texas 78704. 
          
              Mary Jo Magruder, director, Advocacy and Public  
              Information, Texas Planning Council for Developmental  
              Disabilities, 4900 N. Lamar, Austin, Texas 78751. 
          
              Jennifer Cernoch, director, Texas Respite Resource  
              Network, 519 W. Houston, San Antonio, Texas 78207. 
          
              Barrett Markland, legislative coordinator, Advocacy,  
              Inc., 7800 Shoal Creek, # 171E., Austin, Texas 78757. 
          
              Glenda Smelser, Texas Advocates for Nursing Home  
              Residents, 2234 Bishop Dr., Grand Prairie, Texas  
              75050-2109. 
          
              Lou O'Reilly, founder, Texas Advocates for Nursing Home  
              Residents, P.O. Box 763143, Dallas, Texas 75376. 
          
              Lisa McGiffert, Consumers Union, 1300 Guadalupe, Suite  
         100, Austin, Texas 78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 663, the chair  
         closed public testimony. 
          
         The chair left HB 663 pending temporarily. 
          
         The chair laid out HB 1039 by Representative Naishtat,  
         relating to court-ordered mental health services, and  
         recognized the Senate sponsor, Senator Moncrief, to explain  
         the bill. 
          
         The following persons registered in support of HB 1039, but  
         did not testify: 
               
              Joe Lovelace, president, Texas Alliance for The Mentally  
              Ill, 1000 E. 7th St., # 208, Austin, Texas 78702.    
          
              Jacqueline Shannon, Texas Alliance for The Mentally Ill,  
              6002 Equestrian, San Angelo, Texas 76904. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 1039, the  
         chair closed public testimony. 
          
         The chair left HB 1039 pending temporarily. 
          
         The chair laid out HB 1085 by Representative Maxey, relating  
         to an automated system for providing reimbursements to nursing  
         facilities under the state Medicaid program, and recognized  
         the Senate sponsor, Senator Moncrief, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         1085: 
          
              Marc Gold, manager, Long Term Care Policy, Texas  
      
              Department of Human Services, 701 W. 51st St., Austin,  
              Texas 78756. 
          
         The following persons registered in support of HB 1085, but  
         did not testify: 
          
              Nan Clayton, volunteer, American Association of Retired  
              Persons, 2909 Oak Lane, Austin, Texas 78704. 
          
              Tommy Smelser, Texas Advocates for Nursing Home  
              Residents, 2234 Bishop Dr., Grand Prairie, Texas  
              75050-2109. 
          
              Glenda Smelser, Texas Advocates for Nursing Home  
              Residents, 2234 Bishop Dr., Grand Prairie, Texas  
              75050-2109. 
          
              Lucille Gropp, secretary, Texas Advocates for Nursing  
              Home Residents, 358 Cardinal Creek Dr., Duncanville,  
              Texas 75137. 
          
              Caroline Marcy, board member, Texas Advocates for Nursing  
              Home Residents, 421 San Mateo Dr., Garland, Texas 75043. 
          
              Ken Kramer, State Legislative Committee,  American  
              Association of Retired Persons, 98 San Jacinto, # 750,  
              Austin, Texas 78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 1085, the  
         chair closed public testimony. 
          
         The chair left HB 1085 pending temporarily. 
           
         The chair laid out HCR 79 by Representative Van de Putte,  
         expressing support for the Community Transportation Brokerage  
         Pilot Programs, and recognized the Senate sponsor, Senator  
         Madla, to explain the bill. 
          
         The following persons registered as resource witnesses on HCR  
         79: 
          
              Thomas Griebel, assistant executive director, Texas  
              Department of Transportation, 125 E. 11th, Austin, Texas  
              78701. 
          
              Gerry McKinney, associate commissioner, Texas Health and  
              Human Services Commission, P.O. Box 13247, Austin, Texas  
              78751. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HCR 79, the chair  
         closed public testimony. 
          
         The chair left HCR 79 pending temporarily. 
  
         The chair laid out HB 2080 by Representative Delisi, relating  
         to notification and consent to disclosure of a failure to  
         complete a peer assistance program, and recognized the Senate  
         sponsor, Senator Madla, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         2080, but did not testify: 
          
              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 2080, the  
         chair closed public testimony. 
          
         The chair left HB 2080 pending temporarily. 
           
         The chair laid out HB 2119 by Representative Bosse, relating  
         to the continuation and functions of the Texas Commission on  
         Alcohol and Drug Abuse; providing penalties, and recognized  
         Senator Moncrief to explain the bill on behalf of the Senate  
         sponsor, Senator Madla. 
          
         Senator Moncrief sent up committee amendment 1 and explained  
         how it would change the bill. 
          
         Senator Moncrief sent up committee amendment 2 and explained  
         how it would change the bill. 
          
         Senator Moncrief sent up committee amendment 3 and explained  
         how it would change the bill. 
          
         Senator Moncrief sent up committee amendment 4 and explained  
         how it would change the bill. 
          
         The following person provided oral testimony in support of HB  
         2119: 
          
              Cynthia Humphrey, executive director, Association of  
              Substance Abuse Services Providers of Texas, 169 Catalina  
              Ct., Kerrville, Texas 78028. 
          
         The following person registered as a resource witness on HB  
         2119, but did not testify: 
          
              John Hawkins, policy analyst, Sunset Commission, P.O. Box  
              13066, Austin, Texas 78711-3066. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 2119, the  
         chair closed public testimony. 
          
         The chair left HB 2119 pending temporarily. 
  
         The chair laid out HB 492 by Representative Maxey, relating to  
         activities covered by the Texas Food, Drug, and Cosmetic Act,  
         and recognized Senator Galloway to explain the bill on behalf  
         of the Senator sponsor, Senator Harris. 
          
         Senator Galloway sent up committee amendment 1 and explained  
         how it would change the bill. 
          
         The following person registered as a resource witness on HB  
         492, but did not testify: 
          
              Cynthia Culmo, director of drugs, 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 492, the chair  
         closed public testimony. 
          
         The chair left HB 492 pending temporarily. 
          
         The chair laid out HB 1719 by Representative Coleman, relating  
         to the regulation of psychologists and the powers and duties  
         of the Texas State Board of Examiners of Psychologists,  and  
         recognized  the Senate sponsor, Senator Galloway, to explain  
         the bill. 
          
         The following person registered in support of HB 1719, but did  
         not testify: 
          
              David White, executive director, Texas Psychological  
              Association, 6633 E. Hwy 290, # 305, Austin, Texas 78723. 
          
         The following person registered as a resource witness on SB  
         1719, but did not testify: 
          
              Barbara Holthaus, general counsel, Texas State Board of  
              Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas  
              78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to HB 1719, the  
         chair closed public testimony. 
          
         The chair left HB 1719 pending temporarily. 
          
         The chair laid out HB 1875 by Representative Glaze, relating  
         to the imposition and uncertain fees imposed on certain milk  
         and milk products, and recognized Senator Moncrief to explain  
         the bill on behalf of the Senate sponsor, Senator Cain. 
          
         The following person registered as a resource witness on HB  
         1875, but did not testify: 
  
              James Littlefield, director, Milk and Dairy 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 1875, the  
         chair closed public testimony. 
          
         The chair left HB 1875 pending temporarily. 
                                                                          
         The chair laid out HB 1407 by Representative Glaze, relating  
         to emergency medical services and trauma care, and recognized  
         Senator Moncrief to explain the bill on behalf of the Senate  
         sponsor, Senator Cain. 
          
         The following persons registered in support of HB 1407, but  
         did not testify: 
          
              John W. Holtermann, chairman, Texas Silver-Haired  
              Legislature, 459 Lindsey, San Marcos, Texas 78666. 
          
              Jeffrey Jarvis, 16372 Edgemere Dr., Pflugerville, Texas  
         78660. 
          
              John Sneed, director, Williamson County EMS, P.O. Box  
         873, Georgetown, Texas 78627. 
          
              Carl Voskamp, director, Paramedic Program, The Victoria  
              College, 2200 E. Red River, Victoria, Texas 77901. 
              Charles Hooks, 21818 Forest Vista, Humble, Texas 77338. 
                    
                   Ernie Whitener, coordinator, Lee College, P.O. Box  
              818, Baytown, Texas      77522-0818. 
               
              The following person provided oral testimony on HB 1407: 
               
              Tom Culwell, president, Emergency Nurses  
              Association-Texas State Council, 12474 Starcrest, #315,  
              San Antonio, Texas 78216. 
          
         The following persons registered as resource witnesses on HB  
         1407, but did not testify: 
          
              Pam West, assistant bureau chief, Texas Department of  
              Health, 1100 W. 49th St., Austin, Texas 78756. 
          
              Gene Weatherall, bureau chief, Texas Department of  
              Health, 1100 W. 49th St., Austin, Texas 78756. 
          
              Kathryn Perkins, assistant chief, Emergency Management,  
              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 1407, the  
         chair closed public testimony. 
          
         The chair left HB 1407 pending temporarily. 
          
         The chair laid out anew HB 212 by Representative Chisum,  
         relating to the advisory function of the Texas Radiation  
         Advisory Board, which had been left pending, and recognized  
         Senator Patterson on behalf of the Senate sponsor, Senator  
         Brown. 
          
         Senator Patterson moved that HB 212 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 212 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 213 by Representative Chisum,  
         relating to the composition and duties of the radiation  
         advisory board, which had been left pending, and recognized  
         Senator Patterson on behalf of the Senate sponsor, Senator  
         Brown. 
          
         Senator Patterson moved that HB 213 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 213 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 460 by Representative Maxey,  
         relating to federal waivers or authorizations relating to  
         certain federally funded long-term care Medicaid programs,  
         which had been left pending, and recognized the Senate  
         sponsor, Senator Moncrief. 
          
         Senator Moncrief moved that HB 460 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 460 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 492 by Representative Maxey,  
         relating to activities covered by the Texas Food, Drug, and  
         Cosmetic Act, which had been left pending, and recognized  
         Senator Galloway on behalf of the Senator sponsor, Senator  
         Harris. 
          
         Senator Galloway moved that committee amendment 1 be adopted.   
  
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Galloway moved that HB 492, 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 Galloway moved that HB 492 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 663 by Representative Maxey,  
         relating to the assessment of needs of individuals served by  
         long-term care services programs offered by health and human  
         services agencies, which had been left pending, and recognized  
         the Senate sponsor, Senator Moncrief. 
          
         Senator Moncrief moved that HB 663 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 663 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1039 by Representative Naishtat,  
         relating to court-ordered mental health services, which had  
         been left pending, and recognized the Senate sponsor, Senator  
         Moncrief. 
          
         Senator Moncrief moved that HB 1039 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 1039 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1085 by Representative Maxey,  
         relating to an automated system for providing reimbursements  
         to nursing facilities under the state Medicaid program, which  
         had been left pending, and recognized the Senate sponsor,  
         Senator Moncrief. 
          
         Senator Moncrief moved that HB 1085 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 1085 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1407 by Representative Glaze,  
         relating to emergency medical services and trauma care, which  
  
         had been left pending, and recognized Senator Moncrief on  
         behalf of the Senate sponsor, Senator Cain. 
          
         Senator Moncrief moved that HB 1407 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 1407 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1719 by Representative Coleman,  
         relating to the regulation of psychologists and the powers and  
         duties of the Texas State Board of Examiners of Psychologists,  
         which had been left pending, and recognized  the Senate  
         sponsor, Senator Galloway. 
          
         Senator Galloway moved that HB 1407 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 HB 1407 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 1875 by Representative Glaze,  
         relating to the imposition and uncertain fees imposed on  
         certain milk and milk products, which had been left pending,  
         and recognized Senator Moncrief on behalf of the Senate  
         sponsor, Senator Cain. 
          
         Senator Moncrief moved that HB 1875 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 1875 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2080 by Representative Delisi, relating  
         to notification and consent to disclosure of a failure to  
         complete a peer assistance program, which had been left  
         pending, and recognized Senator Moncrief on behalf of the  
         Senate sponsor, Senator Madla. 
          
         Senator Moncrief moved that HB 2080 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 2080 be certified for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 2119 by Representative Bosse,  
         relating to the continuation and functions of the Texas   
  
         Commission on Alcohol and Drug Abuse; providing penalties,  
         which had been left pending, and recognized Senator Moncrief  
         on behalf of the Senate sponsor, Senator Madla. 
          
         Senator Moncrief moved that committee amendment 1 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that committee amendment 2 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that committee amendment 3 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that committee amendment 4 be adopted.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that HB 2119, 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 "present not voting." 
          
         The chair laid out anew HB 2126 by Representative Maxey,  
         relating to requiring the Department of Human Services to  
         evaluate and improve its programs, which had been left  
         pending, and recognized Senator Patterson on behalf of the  
         Senate sponsor, Senator Shapleigh. 
          
         Senator Patterson moved that the committee substitute be  
         adopted.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Patterson moved that HB 2126 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 Patterson moved that HB 2126 be certified for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 2509 by Representative Hilderbran,  
         relating to a pilot program for the treatment of Alzheimer's  
         patients, which had been left pending, and recognized Senator  
         Gallegos on behalf of the Senate sponsor, Senator Zaffirini. 
          
         Senator Gallegos moved that HB 2509 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 Gallegos moved that HB 2509 be certified for the local  
  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 2510 by Representative Hilderbran,  
         relating to the regulation of certain personal care  
         facilities, which had been left pending, and recognized  
         Senator Gallegos on behalf of the Senate sponsor, Senator  
         Zaffirini. 
          
         Senator Gallegos moved that the committee substitute be  
         adopted.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Gallegos moved that HB 2510 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 HCR 79 by Representative Van de Putte,  
         expressing support for the Community Transportation Brokerage  
         Pilot Programs, which had been left pending, and recognized  
         Senator Patterson on behalf of the Senate sponsor, Senator  
         Madla. 
          
         Senator Patterson moved that HCR 79 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 HCR 79 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 Moncrief, the chair recessed the committee  
         by unanimous consent at 9:45 a.m., subject to the call of the  
         chair. 
          
         ________________________________ 
         Senator Judith Zaffirini, Chair 
          
         ________________________________ 
         Pam Crowley, Committee Clerk