MINUTES
SENATE COMMITTEE ON HUMAN SERVICES
Wed., Feb. 10, 1999
8:30 a.m.
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Human
Services was held on Wed., Feb. 10, 1999, in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair Senator David Bernsen
Senator John Carona, Vice Chair
Senator Mario Gallegos, Jr.
Senator Chris Harris
*****
The chair called the meeting to order at 8:30 a.m. There
being a quorum present, the following business was transacted.
The chair laid out the Feb. 3, 1999, minutes and called for
revisions. There being none, Senator Carona moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
At 8:32 a.m. Senator Carona assumed presiding duties.
The chair laid out SB 15 by Zaffirini, relating to the penalty
of certain offenses concerning the sale of cigarettes, and
recognized the author to explain the bill.
The following person registered as a resource witness and
provided oral testimony on SB 15:
Robin Herskowitz, senior policy analyst, Comptroller of
Public Accounts, 111 East 17th Street, Austin, Texas
78714.
The following person registered as a resource witness on SB
15, but did not testify:
Philip Huang, chief, Bureau of Disease and Injury
Prevention, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756.
The following persons registered in support of SB 15, but did
not testify:
Pamela Dillon, director, Governmental Relations, American
Lung Association of Texas,
Austin, Texas 78756.
David Reynolds, manager, Public Affairs, American Heart
Association - Texas Affiliate, P.O. Box 15186, Austin,
Texas 78761.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 15, the chair
closed public testimony.
Senator Zaffirini moved that SB 15 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 4 "ayes" and 0 "nays."
The chair laid out SB 18 by Zaffirini, relating to the
authority of the attorney general to recover a civil penalty
from certain nursing homes and related institutions.
Senator Zaffirini sent up a committee substitute and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following persons registered as resource witnesses on the
committee substitute for SB 18, but did not testify:
Eric M. Bost, commissioner, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
Mark Gold, director of policy, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
Jim Lehrman, associate commissioner, Long-Term Care
Regulatory, Texas Department of Human Services, 701 West
51st Street, Austin, Texas 78714.
J.B. McReynolds, associate commissioner, Legal Services,
Texas Department of Human Services, 701 West 51st Street,
Austin, Texas 78714.
Paul Carmona, chief, Elder Law Division, Office of the
Attorney General, P.O. Box 12548, Austin, Texas 78711.
The following persons registered in support of the committee
substitute for SB 18, but did not testify:
Teresa Aguirre, legislative assistant, Texas Association
of Homes and Services for the Aging, 2205 Hancock Drive,
Austin, Texas 78756.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 East Anderson Lane, #234W, Austin, Texas
78752.
Ken Kramer, state legislative committee, AARP, 98 San
Jacinto Blvd., Suite 750, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 18, the chair closed public testimony.
Senator Zaffirini moved that SB 18 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 with a vote of 4 "ayes" and 0
"nays."
The chair laid out SB 380 by Zaffirini, relating to the
attorney general's authority to bring a suit against
intermediate care facilities for the mentally retarded, and
recognized the author to explain the bill.
The following persons registered as resource witnesses, but
did not testify:
Eric M. Bost, commissioner, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
Mark Gold, director of policy, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
Jim Lehrman, associate commissioner, Long-Term Care
Regulatory, Texas Department of Human Services, 701 West
51st Street, Austin, Texas 78714.
J.B. McReynolds, associate commissioner, Legal Services,
Texas Department of Human Services, 701 West 51st Street,
Austin, Texas 78714.
Paul Carmona, chief, Elder Law Division, Office of the
Attorney General, P.O. Box 12548, Austin, Texas 78711.
The following person registered in support of SB 380, but did
not testify:
Ken Kramer, state legislative committee, AARP, 98 San
Jacinto Blvd., Suite 750, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 380, the chair
closed public testimony.
Senator Zaffirini moved that SB 380 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed with a vote of 4 "ayes" and 0 "nays."
The chair laid out SB 19 by Senator Zaffirini, relating to the
renewal of certain initial probationary licenses granted for a
nursing or convalescent home or related institution, and
recognized the author to explain the bill.
Senator Zaffirini sent up a committee substitute and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following persons registered as resource witnesses on the
committee substitute for SB 19 and provided oral testimony:
Eric M. Bost, commissioner, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
Jim Lehrman, associate commissioner, Long-Term Care
Regulatory, Texas Department of Human Services, 701 West
51st Street, Austin, Texas 78714.
The following persons registered as resource witnesses on the
committee substitute for SB 19, but did not testify:
Mark Gold, director of policy, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
J.B. McReynolds, associate commissioner, Legal Services,
Texas Department of Human Services, 701 West 51st Street,
Austin, Texas 78714.
The following persons registered in support of the committee
substitute for SB 19, but did not testify:
Teresa Aguirre, legislative assistant, Texas Association
of Homes and Services for the Aging, 2205 Hancock Drive,
Austin, Texas 78756.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 East Anderson Lane, #234W, Austin, Texas
78752.
Ken Kramer, state legislative committee, AARP, 98 San
Jacinto Blvd., Suite 750, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 19, the chair closed public testimony.
Senator Zaffirini moved that SB 19 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 with a vote of 3 "ayes" and 1
"present not voting."
The chair laid out SB 109 by Senator Zaffirini, relating to
reports of certain conduct or conditions in nursing homes and
related institutions, and recognized the author to explain the
bill.
The following persons registered as resource witnesses on SB
109, but did not testify:
Eric M. Bost, commissioner, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
Mark Gold, director of policy, Texas Department of Human
Services, 701 West 51st Street, Austin, Texas 78714.
Jim Lehrman, associate commissioner, Long-Term Care
Regulatory, Texas Department of Human Services, 701 West
51st Street, Austin, Texas 78714.
J.B. McReynolds, associate commissioner, Legal Services,
Texas Department of Human Services, 701 West 51st Street,
Austin, Texas 78714.
The following persons registered in support of SB 109, but did
not testify:
Teresa Aguirre, legislative assistant, Texas Association
of Homes and Services for the Aging, 2205 Hancock Drive,
Austin, Texas 78756.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 East Anderson Lane, #234W, Austin, Texas
78752.
Ken Kramer, state legislative committee, AARP, 98 San
Jacinto Blvd., Suite 750, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 109, the chair
closed public testimony.
Senator Zaffirini moved that SB 109 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed with a vote of 4 "ayes" and 0 "nays."
At 8:50 a.m. Senator Zaffirini resumed presiding duties.
With no other business to come before the committee and upon a
motion by Senator Carona, the chair recessed the committee by
unanimous consent at 8:51 a.m., subject to the call of the
chair.
____________________________________
Senator Judith Zaffirini, Chair
____________________________________
Scott Caffey, Committee Clerk