MINUTES SENATE COMMITTEE ON HUMAN SERVICES Wed., April 21, 1999 7 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 21, 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 7 a.m. There being a quorum present, the following business was transacted. The chair laid out the April 14, 1999, minutes and called for revisions. There being none, Senator Bernsen moved their approval. There being no objection, the motion prevailed by unanimous consent. At 7:03 a.m. Senator Carona assumed presiding duties. The chair laid out SB 1586 by Senator Zaffirini, relating to the establishment of a program in which vouchers are used for payments of certain Medicaid-funded services provided to persons with disabilities, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1586 and explained the differences between it and the bill as filed. Senator Zaffirini moved the adoption of the committee substitute for SB 1586. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 1586, but did not testify: Cindy Alexander, policy analyst, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78701 Anita Anderson, director of community care, contracting and policy, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. Vernon "Max" Arrell, commissioner, Texas Rehabilitation Commission, 4900 North Lamar, Austin, Texas 78751. Don Henderson, legislative liaison, Texas Department of Mental Health and Mental Retardation, 909 West 45th, Austin, Texas 78751. Jacqueline Johnson, deputy commissioner for programs, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78735. Susan Penfield, division director, Children with Special Health Care Needs, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Mario Salinas, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78711-3528. Linda Wertz, state medicaid director, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78711. The following persons provided oral and written testimony in support of the committee substitute for SB 1586: Belinda Carlton, executive director, Coalition of Texans with Disabilities, 316 West 12th, Suite 406, Austin, Texas 78701. Ron Cranston, 4703 Philco Drive, Austin, Texas 78745. Rick Frederickson, Americaid Community Care, 6700 West Loop South, Suite 200, Bellaire, Texas 77401. The following persons provided oral testimony in support of the committee substitute for SB 1586: Mary Kay Sanders, 7744 Northcross, #N139, Austin, Texas 78767. Gene Whitten-Lege, In-Home Attendant Service, P.O. Box 131245, Houston, Texas 77219. The following persons registered in support of the committee substitute for SB 1586, but did not testify: Frank Genco, Texas Planning Council for Developmental Disabilities, 4900 North Lamar, Austin, Texas 78751. Colleen Horton, Texas Advocates Supporting Kids with Disabilities, 4004 Shadow Oak, Austin, Texas 78746. Barrett Markland, Advocacy, Inc., 7800 Shoal Creek Blvd., #171-E, Austin, Texas 78757. Susan Marshall, government affairs specialist, The Disability Policy Consortium, 1600 West 38th, Suite 200, Austin, Texas 78731. Jonas Schwartz, disability policy associate, United Cerebral Palsy of Texas, Inc., 900 Congress, #220, Austin, Texas 78701. Sara Speights, director of government affairs, Texas Association for Home Care, 3737 Executive Center Drive, Austin, Texas 78731. The following person provided written testimony in support of the committee substitute for SB 1586: Jennifer M. Cernoch, director, Texas Respite Resource Network, 519 West Houston, San Antonio, Texas 78207-3198. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1586, the chair closed public testimony. Senator Zaffirini moved that SB 1586 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." Senator Zaffirini moved that the committee substitute for SB 1586 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 369 by Senator Zaffirini, relating to the continuation and functions of the Texas Department of Human Services, and recognized the author to explain the bill. The chair laid out 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 on Aging to the Independent Aging Policy Council, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 369 and explained the differences between it and the bill as filed. Senator Zaffirini moved the adoption of the committee substitute for SB 369. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini sent up a committee substitute for SB 374 and explained the differences between it and the bill as filed. Senator Zaffirini moved the adoption of the committee substitute for SB 374. 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 369: Eric M. Bost, commissioner, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78751. John Perkins, director, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. The following persons registered as resource witnesses on the committee substitute for SB 369, but did not testify: Bree Buchanan, public policy director, Texas Council on Family Violence, P.O. Box 161810, Austin, Texas 78716. Sally Griffin Foshko, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78727. John Hawkins, policy analyst, Sunset Advisory Commission, Austin, Texas 78703. The following persons provided oral and written testimony on the committee substitute for SB 369: Patrick Bresette, associate director, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. Celia Hagert, policy analyst, Center for Public Policy Priorities, 2205 B Rebel Road, Austin, Texas 78704. The following persons provided oral and written testimony in support of the committee substitute for SB 369: Pat Cole, associate director, National Training Center on Domestic and Sexual Violence, 2300 Pasadena Drive, Austin, Texas 78757. Rosalie Millsap, Concerned Citizens Against Fraud and Waste in Government Food Programs, 7393 Regency Square Court, Houston, Texas 77036. Susan Murphree, program services specialist, Advocacy, Incorporated, 7800 Shoal Creek Blvd., #171-E, Austin, Texas 78757. Jonas Schwartz, disability policy associate, United Cerebral Palsy of Texas, 900 Congress Avenue, Suite 220, Austin, Texas 78701. The following persons provided oral testimony against the committee substitute for SB 369: Pat Deaton, executive director, Nutriservice, Incorporated, P.O. Box 180429, Dallas, Texas 75218-0429. Sharon Ray, director, Nutrition for Children, Inc., 4617 Olympia, Mesquite, Texas 75150. Art Sangiuliano, volunteer, Institute for Child Nutrition, 2940 Beech Plain, San Antonio, Texas 78245. Hayden Blake Stanford, president, Southwest Human Development Services, 3309 Hancock Drive, Austin, Texas 78731. Jane Ann Young, vice president, Youngcare, Incorporated, P.O. Box 1330, Hughes Springs, Texas 75656. The following persons registered in support of the committee substitute for SB 369, but did not testify: Maria Jose Angelelli, program policy specialist, Texas Council on Family Violence, P.O. Box 161810, Austin, Texas 78716. Tim Graves, executive director, Texas Health Care Association, P.O. Box 4554, Austin, Texas 78765. Sara Speights, director of government affairs, Texas Association for Home Care, 3737 Executive Center Drive, Austin, Texas 78731. The following person provided written testimony prior to today's hearing on SB 369: Mark Foster, general counsel, Foster, Malish & Hill, L.L.P., 1403 West Sixth Street, Austin, Texas 78703. The following persons registered as resource witnesses on the committee substitute for SB 374, but did not testify: Manuel Alvarez, director of data services, Texas Department on Aging, 4900 North Lamar, 4th Floor, Austin, Texas 78751. Eric M. Bost, commissioner, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78751. Don Gilbert, commissioner, Texas Health and Human Services Commission, 4900 North Lamar, Austin, Texas 78711. John Hawkins, policy analyst, Sunset Advisory Commission, Austin, Texas 78703. Susan Penfield, division director, Children with Special Health Care Needs, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Frank Pennington, director of finance, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. Mary Sapp, executive director, Texas Department on Aging, 4900 North Lamar, Austin, Texas 78751. Penny Steele, director of government affairs, Texas Department of Mental Health and Mental Retardation, 909 West 45th Street, Austin, Texas 78751. Lesa Walker, director, Children with Special Health Care Needs Systems Development, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3179. John F. Willis, state ombudsman, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. The following person registered as a resource witness against the committee substitute for SB 374, but did not testify: Jan Patterson, board chair, Texas Department on Aging, 9854 Estate Lane, Dallas, Texas 75238. The following persons provided oral testimony on the committee substitute for SB 374: Richard Adams, chair, Texas Pediatric Society, 2516 Hickory Ridge, Plano, Texas 75093. Anita Bradberry, Texas Association for Home Care, 3737 Executive Center Drive, Austin, Texas 78731. Patrick Bresette, associate director, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. Oris Greever, comptroller, Texas Silver-Haired Legislature, 818 Byrd Drive, Abilene, Texas 79601. Brad Helbert, executive director, West Center on Texas Council of Governments, 1910 Willow Drive, Abilene, Texas 79602. Kim Kirchoff, director of health and human services, Texas Association of Area Agencies on Aging, 1305 San Antonio Street, Austin, Texas 78701. Hilda Ramsay, 820 North Sam Rayburn Freeway, #101, Sherman, Texas 75092. Janis Thompson, director, Area Agency on Aging of Texoma, Sherman, Texas 75090. Harry Tredennick, chairman, Senior Citizen Advisory Board, Abilene Senior Centers, 1190 Sayles, Abilene, Texas 79605-4202. Gaston West, speaker, Coastal Bend Area Agency on Aging and Texas Silver-Haired Legislature, 722 Ashland, Corpus Christi, Texas 78412. The following persons provided oral testimony in support of the committee substitute for SB 374; Belinda Carlton, executive director, Coalition of Texans with Disabilities, 316 West 12th, #406, Austin, Texas 78701. Ron Cranston, ADAPT and The Equity and Independence Campaign, 1339 Lamplight Square, Austin, Texas 78701. Alan Hardy, state legislative volunteer, AARP, 701 Cottonwood Creek Drive, Dripping Springs, Texas 78620. John W. Holtermann, chairman, Texas Silver-Haired Legislature, 1720 Ranch Road 12, C216, San Marcos, Texas 78666. Colleen Horton, Texas Advocates Supporting Kids with Disabilities, 4004 Shadow Oak, Austin Texas 78746. John Meinkowsky, advocate, Texas Association of Centers for Independent Living, 1316 Lamar Square Drive, #103, Austin, Texas 78704. Jonas Schwartz, disability policy associate, United Cerebral Palsy of Texas, 900 Congress Avenue, Suite 220, Austin, Texas 78701. Alice Anne Wallace, chair, Central Texas Area Agency on Aging Citizens Advisory Committee, 5596 West FM 436, Belton, Texas 76513. David E. Waugh, member, Central Texas Council on Aging, 2809 Arrowhead Circle, Temple, Texas 76502. The following person provided oral and written testimony on the committee substitute for SB 374: Bruce P. Bower, attorney, Texas Senior Advocacy Coalition, P.O. Box 160574, Austin, Texas 78716-0574. The following persons provided oral testimony in support of the committee substitute for SB 374: Jennifer M. Cernoch, director, Texas Respite Resource Network, 519 West Houston, San Antonio, Texas 78207. Wilhelmina Gladden, chair, American Association for Retired Persons, 1933 Loma Linda Circle, Ft. Worth, Texas 76112. Chris Kyker, P.O. Box 5996, Abilene, Texas 79608. Barrett Markland, Advocacy, Incorporated, 7800 Shoal Creek Blvd., #171-E, Austin, Texas 78757. The following persons provided oral testimony against the committee substitute for SB 374: Patty Anderson, executive director, United Cerebral Palsy of Texas, 900 Congress, Suite 220, Austin, Texas 78701. Jim Cowgill, Texas Silver-Haired Legislature, 11357 Earlywood Drive, Dallas, Texas 75218. Jose L. Gonzalez, director, Lower Rio Grande Valley Area Agency on Aging, 311 North 15, McAllen, Texas 78501. Charlotte A. Parks, vice chair of legislative action, Texas Silver-Haired Legislature, 4725 State Highway 64, Ben Wheeler, Texas 75754. The following persons registered in support of the committee substitute for SB 374, but did not testify: Bill Cummings, Texas Silver-Haired Legislature, 208 West Prairie Lea, Lockhart, Texas 78644. Anne Dunkelberg, senior policy analyst, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. Susanne Elrod, Texas Assistive Technology Partnership, 252 Sanchez, Austin, Texas 78712. Beth Ferris, president, Texas Advocates for Nursing Home Residents, 500 East Anderson Lane, #234W, Austin, Texas 78752. Carmen Jaramillo, board member, AACOG-Bexar County, 7703 Floyd Curl Drive, San Antonio, Texas 78284. Homer Lear, speaker emeritus, Texas Silver-Haired Legislature, 5100 John D. Ryan, #1911, San Antonio, Texas 78245. Susan Marshall, government affairs specialist, The ARC of Texas, 1600 West 38th Street, #200, Austin, Texas 78731. Lisa McGiffert, senior policy analyst, Texas Consumers Union, 1300 Guadalupe, Suite 100, Austin, Texas 78701. Lily Porter Tarrillion, board member, AACOG- Bexar County Senior Advisory Council, U.T. Health Science Center, San Antonio, Texas 78284. The chair left SB 369 pending at the request of the author until the public had adequate time to review the three proposed committee amendments offered during the hearing. The chair announced that public testimony on the amendments would be taken when the committee reconvened after the completion of Senate business, but that public testimony on the committee substitute for SB 369, would be closed. There being no other persons registered or responding to the chair's call for public testimony relating to SB 374, the chair closed public testimony. Senator Zaffirini moved that SB 374 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 9:29 a.m. Senator Zaffirini resumed presiding duties. The chair laid out SB 1324 by Senator Gallegos, relating to eligibility for workers' compensation benefits for certain persons who provide volunteer services in a declared emergency, and recognized the author to explain the bill. Senator Gallegos sent up a committee substitute for SB 1324 and explained the differences between it and the bill as filed. Senator Gallegos moved the adoption of the committee substitute for SB 1324. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness on the committee substitute for SB 1324, but did not testify: Jim Arnold, assistant division head, Texas Engineering Extension Service, 301 Tarrow, College Station, Texas 77843-8000. The following person provided oral testimony in support of the committee substitute for SB 1324: Lynn Bizzell, fire chief, Texas Fire Chiefs Association, 203 Commerce Street, Round Rock, Texas 78664. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1324, the chair closed public testimony. Senator Gallegos moved that SB 1324 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 Gallegos moved that the committee substitute for SB 1324 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1507 by Senator Truan, relating to the evaluation by the Texas Workforce Commission of federal trade adjustment programs designed to assist certain persons in obtaining employment, and recognized Senator Gallegos, on behalf of the Senate sponsor, Senator Truan, to explain the bill. Senator Gallegos sent up a committee substitute for SB 1507 and explained the differences between it and the bill as filed. Senator Gallegos moved the adoption of the committee substitute for SB 1507. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness on the committee substitute for SB 1507, but did not testify: Harry H. Crawford, trade adjustment assistance coordinator, Texas Workforce Commission, 7215 Marywood Circle, Austin, Texas 78723. The following person provided oral testimony in support of the committee substitute for SB 1507: Sonia Perez, chair, Valley Initiative for Development and Advancement, P.O. Box 2407, McAllen, Texas 78502. There being no other persons registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1507, the chair closed public testimony. Senator Gallegos moved that SB 1507 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 Gallegos moved that the committee substitute for SB 1507 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. By unanimous consent, upon a motion by Senator Carona, the chair recessed the Texas Senate Committee on Human Services at 9:40 a.m. until 12:15 p.m. The chair reconvened the Texas Senate Committee on Human Services at 12:15 p.m. At 12:21 Senator Carona assumed presiding duties. The chair laid out anew the committee substitute for SB 369 by Zaffirini, relating to the continuation and functions of the Texas Department of Human Services, which had been left pending, and opened public testimony related to the three amendments offered to the committee substitute for SB 369. The following persons provided oral testimony on the three amendments to the committee substitute for SB 369: Wilhelmina Gladden, chair, state legislative committee, American Association of Retired Persons, 1933 Loma Linda Court, Ft. Worth, Texas 76112. Tim Graves, executive director, Texas Health Care Association, P.O. Box 4554, Austin, Texas 78745. There being no other witnesses registered or responding to the chair's call for public testimony relating to the three proposed committee amendments related to the committee substitute for SB 369, the chair closed public testimony. Senator Zaffirini raised questions directed to Senator Harris to establish the legislative intent of the amendment. Senator Zaffirini noted that Senate Bill 190 by Senator Zaffirini, relating to the regulation of nursing homes and similar facilities, was passed by the 75th Legislature to ensure that nursing facility residents, their families and state agencies had all necessary means to protect the health and safety of residents. Among the protections afforded residents, their families and state agencies is the use of survey material and other information required to prove a resident's health and safety were violated. Senator Harris noted that the amendment in no way was meant to disallow the use of survey material in civil actions or to weaken the safeguards established in SB 190. The chair left the committee substitute for SB 369 and the three proposed committee amendments pending temporarily, to await a quorum. Senator Zaffirini resumed presiding duties at 12:35 p.m. The chair laid out SB 465 by Senator Ogden, relating to requiring parental consent before medical services are provided to a child under the state Medicaid program, and recognized the author to explain the bill. Senator Carona sent up a committee substitute for SB 465 and Senator Ogden explained the differences between it and the bill as filed. Senator Carona moved the adoption of the committee substitute for SB 465. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 465, but did not testify: Pamela Coleman, director-managed care, Texas Department of Human Services, 9213 Spicebrush Drive, Austin, Texas 78759. Don Gilbert, commissioner, Texas Health and Human Services Commission, 4900 North Lamar, Austin, Texas 78711. The following person provided oral testimony in support of the committee substitute for SB 465: Jim Chudleigh, physician, Texas Physicians Resource Council, 3106 Brightwood Drive, Austin, Texas 78746. The following persons provided oral testimony on the committee substitute for SB 465: Chuck Courtney, vice president, Texas Retailers Association, 504 West 12th Street, Austin, Texas 78701. David Gonzales, governmental affairs, Legend Pharmacy, 1800 Guadalupe, Suite D, Austin, Texas 78701. Tammy Gray, pharmacist, Lamar Plaza Drug Store, 1132 South Lamar Blvd., Austin, Texas 78704. Karen Reagan, senior director of public affairs, Texas Pharmacy Association, P.O. Box 14709, Austin, Texas 78746. The following persons provided oral testimony against the committee substitute for SB 465: Kae McLaughlin, executive director, Texas Abortion and Reproductive Rights Action League, P.O. Box 684602, Austin, Texas 78768. The following person provided oral and written testimony against the committee substitute for SB 465: Peggy Romberg, executive director, Texas Family Planning Association, P.O. Box 3868, Austin, Texas 78764. The following persons registered in support of the committee substitute for SB 465, but did not testify: Catherine Krenzke, 502 West 10th Street, Georgetown, Texas 78628. Don A. Stubblefield, 1810 South Ash Street, Georgetown, Texas 78626. Terri Lacey Sweet, 2801 Lost Oak Cove, Georgetown, Texas 78628. The following persons registered against the committee substitute for SB 465, but did not testify: Heather Busby, P.O. Box 33104, Austin, Texas 78764-0104. Shannan Carrozza, 14931 Running Deer, Austin, Texas 78734. Joseph L. Jacobson, executive director, American Civil Liberties Union of Texas, P.O. Box 3629, Austin, Texas 78764. Kyre Osborn, 2100 Maple Avenue, Austin, Texas 78722. Dianne Siasoco, 2207 Wickersham Lane, #808, Austin, Texas 78741. Lynda Woolbert, director of public policy, Coalition for Nurses in Advanced Practice, 2229 River Valley Drive, West Columbia, Texas 77486-9640. There being no other persons registered or responding to the chair's call for public testimony relating to the committee substitute for SB 465, the chair closed public testimony. Senator Carona moved that SB 465 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. There being no objection, the motion prevailed by a vote of 3 "ayes" and 2 "nays." At 12:57 p.m. Senator Carona assumed presiding duties. The chair laid out anew the committee substitute for SB 369 by Zaffirini, relating to the continuation and functions of the Texas Department of Human Services, and the three proposed committee amendments, which had been left pending and recognized Senator Zaffirini. Senator Bernsen sent up committee amendment 1 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos sent up committee amendment 2 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Harris sent up committee amendment 3 and moved its adoption. There being objection, the amendment was adopted by a vote of 3 "ayes" and 2 "nays." Senators Zaffirini and Gallegos asked to be shown voting "nay." Senator Zaffirini requested that the amendments adopted be rolled into a new committee substitute for SB 369, and that the new committee substitute be adopted. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 369 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 1:03 p.m. Senator Zaffirini resumed presiding duties. 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 1:03 p.m., subject to the call of the chair. __________________________________________ Judith Zaffirini, Chair __________________________________________ Scott Caffey, Committee Clerk