MINUTES SENATE COMMITTEE ON HUMAN SERVICES Wed., April 14, 1999 8 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., April 14, 1999, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Judith Zaffirini, Chair Senator John Carona, Vice Chair Senator David Bernsen Senator Mario Gallegos, Jr. Senator Chris Harris ***** The chair called the meeting to order at 8 a.m. There being a quorum present at 8:07 a.m., the following business was transacted. The chair laid out the April 7, 1999, minutes and called for revisions. There being none, Senator Carona moved their approval. There being no objection, the motion prevailed by unanimous consent. The chair explained that due to a scheduling conflict, Senator Ogden requested that consideration be delayed for SB 465 by Ogden, relating to requiring parental consent before medical services are provided to a child under the state Medicaid program. The chair laid out SB 1374 by Senator Shapleigh, relating to local matching funds requirement for the child care and development fund, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1374 and Senator Shapleigh explained the differences between it and the bill as filed. Senator Bernsen moved that the committee substitute for SB 1374 be adopted. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness and provided oral testimony on the committee substitute for SB 1374: David J. Coufal, director of child care, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778. The following person registered in support of the committee substitute for SB 1374, but did not testify: Bonnie S.Y. Escobar, vice president, Greater El Paso Chamber of Commerce, 10 Civic Center Plaza, El Paso, Texas 79901. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1374, the chair closed public testimony. Senator Bernsen moved that SB 1374 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 4 "ayes" and 1 "nay." The chair laid out SB 1377 by Senator Shapleigh, relating to a promotora program under which persons who act as bilingual liaisons between health care providers and patients are trained and regulated, and recognized the author to explain the bill. The following person registered as a resource witness on SB 1377, but did not testify: Kathleen Hamilton, acting bureau chief, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. The following person registered in support of SB 1377, but did not testify: Alfred Gilchrist, legislative director, Texas Medical Association, 401 West 15th Street, Austin, Texas 78701. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1377, the chair closed public testimony. Senator Harris moved that SB 1377 be reported to the Senate with the recommendation that it do pass, and be printed. The motion prevailed by a vote of 5 "ayes," and 0 "nays." Senator Harris moved that SB 1377 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1151 by Senator Bivins, relating to a disqualification from unemployment compensation benefits for certain persons engaged in seasonal employment, and recognized the author to explain the bill. Senator Gallegos sent up a committee substitute for SB 1151 and Senator Bivins explained the differences between it and the bill as filed. Senator Gallegos moved the adoption of the committee substitute for SB 1151. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness on the committee substitute for SB 1151, but did not testify: John C. Jennings, attorney, Texas Workforce Commission, 15th and Congress, Austin, Texas 78778. The following person registered in support of the committee substitute for SB 1151, but did not testify: Kirt Moelling, counsel, Texas Panhandle Heritage Foundation, Inc., 1700 Bank One Center, Amarillo, Texas 79101. There being no other persons registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1151, the chair closed public testimony. Senator Harris moved that SB 1151 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 5 "ayes" and 0 "nays." Senator Harris moved that the committee substitute for SB 1151 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1678 by Senator Bernsen, relating to the regulation of social workers and social work associates; providing an administrative penalty, and recognized the author to explain the bill. Senator Bernsen sent up a committee substitute for SB 1678 and explained the differences between the committee substitute and the bill as filed. Senator Bernsen moved that the committee substitute for SB 1678 be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses and provided oral testimony on the committee substitute for SB 1678: Shirley Bibles, executive director, Texas State Board of Social Workers, 1100 West 49th Street, Austin, Texas 78756. Jim Zukowski, director, Professional Licensing Division, Texas Department of Health, 4207 Oak Creek Drive, Austin, Texas 78727. The following persons provided oral testimony in support of the committee substitute for SB 1678: Mark J. Hanna, attorney, Texas Society for Clinical Social Work, 900 Congress, #250, Austin, Texas 78701. Leslie Hernandez, National Association of Social Workers - Texas, 810 West 11th Street, Austin, Texas 78701. The following persons registered in support of the committee substitute for SB 1678, but did not testify: Cindy Ashby, government relations coordinator, Texas Counseling Association, 316 West 12th Street, Suite 402, Austin, Texas 78701. Susan Speight, legislative chair, Texas Association for Marriage and Family Therapy, 1033 La Posada, #220, Austin, Texas 78752. There being no other witnesses registered or responding to the chair's call relating to the committee substitute for SB 1678, the chair closed public testimony. Senator Bernsen moved that SB 1678 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 5 "ayes" and 0 "nays." The chair laid out HB 1503 by Representative Gray, relating to the continuation and functions of the Interagency Council on Early Childhood Intervention, and recognized the Senate sponsor, Senator Harris, to explain the bill. Senator Harris sent up a committee substitute for HB 1503 and explained the differences between it and the bill as filed. Senator Harris moved the adoption of the committee substitute for HB 1503. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness and provided oral testimony on the committee substitute for HB 1503: Mary Elder, executive director, Interagency Council for Early Childhood Intervention, 4900 North Lamar, Austin, Texas 78759. The following persons registered as resource witnesses on the committee substitute for HB 1503, but did not testify: Barbra Dorr, policy analyst, Sunset Advisory Commission, 1400 North Congress, Austin, Texas 78701. John Hawkins, Sunset Advisory Commission, 1400 Congress, Suite E2.002, Austin, Texas 78701. The following persons registered in support of the committee substitute for HB 1503, but did not testify: Jonas Schwartz, policy associate, United Cerebral Palsy of Texas, 900 Congress Avenue, Suite 226, Austin, Texas 78701. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for HB 1503, the chair closed public testimony. Senator Harris moved that HB 1503 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 5 "ayes" and 0 "nays.". Senator Harris moved that the committee substitute for HB 1503 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 8:28 a.m. Senator Carona assumed presiding duties. The chair laid out HB 1610 by Representative McCall, relating to the continuation, functions, and change of the name of the Texas Planning Council for Developmental Disabilities, and recognized the Senator sponsor, Senator Zaffirini, to explain the bill. Senator Harris sent up committee amendment 1 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that the amendment adopted be rolled into a committee substitute for HB 1610 and that the committee substitute be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for HB 1610, but did not testify: Kristin Davis, policy analyst, Sunset Advisory Commission, P.O. Box 1172, Austin, Texas 78767. Larry Graham, project manager, Sunset Commission Staff, Austin, Texas 78767. Roger Webb, executive director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar, Austin, Texas 78751. The following persons registered in support of the committee substitute for HB 1610, but did not testify: Jan Newsom, chair, Texas Planning Council for Developmental Disabilities, 2200 Ross Avenue, Suite 2200, Dallas, Texas 75201. Jonas Schwartz, policy associate, United Cerebral Palsy of Texas, 900 Congress Avenue, Suite 220, Austin, Texas 78701. The following person provided oral testimony in support of the committee substitute for HB 1610: Judith Sokolow, program services coordinator, Advocacy, Inc., 7800 Shoal Creek Blvd., Suite 171E, Austin, Texas 78757. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for HB 1610, the chair closed public testimony. Senator Zaffirini moved that HB 1610 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 5 "ayes" and 0 "nays." Senator Harris moved that the committee substitute for HB 1610 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out HB 1611 by Representative McCall, relating to the continuation and functions of the Governor's Committee on People with Disabilities, and recognized the Senate sponsor, Senator Zaffirini, to explain the bill. The following persons registered as resource witnesses on HB 1611, but did not testify: Larry Graham, project manager, Sunset Advisory Commission, Austin, Texas 78767. Ilan Levin, analyst, Sunset Advisory Commission, 1700 Bouldin Avenue, Austin, Texas 78704. Pat Pound, executive director, Texas Governor's Committee on People with Disabilities, P.O. Box 12428, Austin, Texas 78711. The following person provided oral testimony in support of HB 1611: Jim Caldwell, chair, Texas Governor's Committee on People with Disabilities, 6804 Rockledge Cove, Austin, Texas 78731. There being no other witnesses registered or responding to the chair's call for public testimony relating to HB 1611, the chair closed public testimony. Senator Zaffirini moved that HB 1611 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 4 "ayes," 0 "nays" and 1 "absent." Senator Bernsen moved that HB 1611 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 13 by Senator Zaffirini, relating to the consideration of income earned by certain recipients of Temporary Assistance for Needy Families benefits for eligibility determination purposes, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 13 and explained the differences between it and the bill as filed. Senator Zaffirini moved the adoption of the committee substitute for SB 13. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 13, but did not testify: Judy Denton, director of eligibility services, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78757. Larry Temple, welfare reform director, Texas Workforce Commission, 15th Street, Austin, Texas 78722. The following person provided oral and written testimony in support of the committee substitute for SB 13: Patrick Bresette, associate director, Center for Public Policy Priorities in Texas, 900 Lydia Street, Austin, Texas 78702. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 13, the chair closed public testimony. Senator Zaffirini moved that SB 13 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 5 "ayes" and 0 "nays." The chair laid out SB 1291 by Senator Zaffirini, relating to tobacco use in this state, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1291 and explained the differences between it and the bill as filed. Senator Zaffirini moved the adoption of the committee substitute for SB 1291. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness and provided oral and written testimony on the committee substitute for SB 1291: Dr. William R. Archer, commissioner, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. The following persons registered as resource witnesses on the committee substitute for SB 1291, but did not testify: Jimmy Archer, manager, Criminal Investigation, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78774. Michael Esparza, legal counsel, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78744. Philip Huang, chief, Bureau of Disease and Injury Prevention, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. The following persons provided oral testimony in support of the committee substitute for SB 1291: Peter Fisher, manager, State Issues, Campaign for Tobacco-Free Kids, 1707 L. Street, NW, Suite 800, Washington, D.C. 20036. Marsha Fountain, American Cancer Society, 2101 Royal Dominion, Arlington, Texas 76006. Emily Locke, student, Campaign for Tobacco-Free Kids, American Cancer Society, 11209 Salt Cedar Trail, Austin, Texas 78750. The following person registered in support of the committee substitute for SB 1291, but did not testify: Pam Dillon, director of government relations, American Lung Association of Texas, P.O. Box 26460, Austin, Texas 78755. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1291, the chair closed public testimony. Senator Zaffirini moved that SB 1291 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 5 "ayes" and 0 "nays." At 9:21 a.m. Senator Zaffirini resumed presiding duties. The chair laid out SB 1441 by Senator Barrientos, relating to expanding the specialized telecommunications devices assistance programs, and recognized the author to explain the bill. Senator Gallegos sent up a committee substitute for SB 1441 and Senator Barrientos explained the differences between it and the bill as filed. Senator Gallegos moved the adoption of the committee substitute for SB 1441. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness and provided oral testimony on the committee substitute for SB 1441: Ed Bosson, Relay Texas administrator, Public Utility Commission, 1701 North Congress, Austin, Texas 78711. The following persons registered as resource witnesses on the committee substitute for SB 1441, but did not testify: Billy Collins, director of programs, Texas Commission for the Deaf and Hard of Hearing, 500 East Riverside, #241, Austin, Texas 78704. Jennifer G. Enderlin, director-product management, Southwestern Bell Telephone Company, 530 McCullough, 7-M-1, San Antonio, Texas 78215. David W. Myers, executive director, Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, #310, Austin, Texas 78756. Carrie Spradley, area manager, Rate Administration, Southwestern Bell Telephone, 1616 Guadalupe, Room 310, Austin, Texas 78701. The following persons provided oral and written testimony in support of the committee substitute for SB 1441: Belinda Carlton, executive director, Coalition of Texans with Disabilities, 316 West 12th Street, Austin, Texas 78701. Adrian S. Hazard, 12300 Hymeadow, Austin, Texas 78750. The following persons registered in support for the committee substitute for SB 1441, but did not testify: Ray Miller, chairman of the board, Preferred Voice, Inc., 6500 Greenville Avenue, Dallas, Texas 75226. Jonas Schwartz, policy associate, United Cerebral Palsy of Texas, 900 Congress Avenue, Suite 220, Austin, Texas 78701. Judith Sokolow, manager program services, Advocacy, Inc., 7800 Shoal Creek Blvd., Suite 171E, Austin, Texas 78757. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1441, the chair closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1441. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen moved that SB 1441 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 4 "ayes," 0 "nays" and 1 "absent." The chair announced that the Subcommittee on Welfare Reform would meet on Thursday , April 15, at 9 a.m., in E1.016 and that the Staff Working Group for SB 374 by Zaffirini, relating to the creation of and transfer of certain programs to a long-term care agency on human services, aging, health and rehabilitation and the transfer of certain functions from the Department of Aging to the Independent Aging Policy Council, would meet on Thursday, April 15, at 3 p.m. The chair invited interested parties to attend. There being no other business to come before the committee and upon a motion by Senator Carona, the chair recessed the committee by unanimous consent at 9:38 a.m., subject to the call of the chair. ___________________________________________ Senator Judith Zaffirini, Chair ___________________________________________ Scott Caffey, Committee Clerk