MINUTES 
          
                       SENATE COMMITTEE ON HUMAN SERVICES 
                             Wednesday, May 5, 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 Wednesday, May 5, 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 28, 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 announced that HB 836 by Representative King,  
         relating to access under the information law to birth and  
         death indexes, was withdrawn from the day's agenda and would  
         not be considered. 
          
         The chair laid out HB 2641 by Representative Gray, relating to  
         the continuation and functions of the Health and Human  
         Services Commission, and recognized the Senate sponsor,  
         Senator Brown, to explain the bill.  
          
         Senator Carona sent up a committee substitute for HB 2641 and  
         Senator Brown explained the differences between it and the  
         bill as filed. 
          
         Senator Carona sent up committee amendment 1 and moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Carona sent up committee amendment 2 and moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
  
         Senator Carona sent up committee amendment 3 and  moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Carona sent up committee amendment 4.  At the request  
         of the Senate sponsor, committee amendment 4 was left pending. 
          
         Senator Harris sent up committee amendment 5 and moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent.   
          
         Senator Carona moved that adopted amendments 1,2,3 and 5 be  
         rolled into a new committee substitute. 
         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 HB  
         2641: 
          
              Katrina Daniel, policy analyst, Sunset Advisory  
         Commission, Austin, Texas 78711. 
          
              Don Gilbert, commissioner, Texas Health and Human  
              Services Commission, 4900 North Lamar, Austin, Texas  
              78751. 
          
              Joey Longley, director, Sunset Advisory Commission, 1400  
              North Congress, Austin, Texas 78711. 
          
              Robert Morris, Sunset Advisory Commission, 401 West 32nd,  
         Austin, Texas 78705. 
          
         The following persons registered as resources witnesses on the  
         committee substitute for HB 2641, but did not testify: 
          
              Max Arrell, commissioner, Texas Rehabilitation  
         Commission, 4900 North Lamar Blvd., Austin, 
              Texas 78756. 
          
              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 2641, but did not testify: 
          
              Steve M. Garrett, 4608 Moose Drive, Austin, Texas 78749. 
          
              Tim Graves, Texas Health Care Association, P.O. Box 4554,  
         Austin, Texas 78765. 
          
              Crintis Gray, Texas Commission for the Blind, 4628 Strong  
         Avenue, Ft. Worth, Texas 76105. 
          
              Mary Ann Hulse, AARP, 5737 North Scout Island Circle,  
         Austin, Texas 78731.      
           
              David Spanoz, 4800 North Lamar Blvd., Austin, Texas  
         78756. 
          
         The following persons provided oral testimony in support of  
         the committee substitute for HB 2641: 
          
              Barrett Markland, community specialist, Advocacy, Inc.,  
              7800 Shoal Creek, #171E, Austin, Texas 78757. 
          
              Susan Marshall, governmental affairs specialist, The ARC  
              of Texas, 1600 West 38th Street, Suite 200, Austin, Texas  
              78731. 
          
              Jonas Schwartz, policy associate, United Cerebral Palsy  
              of Texas, 900 Congress Avenue, Austin, Texas 78701. 
          
         The following persons registered on the committee substitute  
         for HB 2641, but did not testify: 
          
              Thelma Brownlow, Chris Cole School for the Blind, 1217  
              West Wood, Rosenburg, Texas 77471. 
          
              Nancy Tapp, board director, American Council of the Blind  
              - Texas, 2917 Gunnison Trail, #1051, Ft. Worth, Texas  
              76116. 
          
         The following persons provided oral testimony on the committee  
         substitute for HB 2641: 
          
              Audley Blackburn, American Council of the Blind of Texas,  
              8607 Delaware Court, Austin, Texas 78758. 
          
              Jerry Kane, chair, Texas Rehabilitation Commission Board,  
              4900 North Lamar, Austin, Texas 78751. 
          
              Kim McPherson, public policy specialist, The Mental  
              Health Association in Texas, 8401 Shoal Creek Blvd.,  
              Austin, Texas 78757. 
          
              Kent Waldrep, secretary of the board, Texas  
         Rehabilitation Commission, Plano, Texas. 
          
              Ray A. Wilkerson, vice chairman, Texas Rehabilitation  
         Commission, 5906 Lookout Mountain,  
              Austin, Texas 78731. 
          
         The following persons provided oral testimony against the  
         committee substitute for HB 2641: 
          
              Juan Ayala, National Federation for the Blind - McAllen  
         Chapter, 507 East Lucas Street, 
              Pharr, Texas 78577. 
  
              Tommy Craig, president, National Federation of the Blind  
         of Texas, 6909 Rufus Drive, 
              Austin, Texas 78752-3123. 
          
              LaDanne Cupp, secretary, National Federation for the  
         Blind, 9327 Walhalla, San Antonio, 
              Texas 78221. 
          
              James Dunn, director, James Earl Dunn Educational  
              Services, Inc., 11246 South Post, Houston, Texas 77035. 
          
              Billie Ferguson, Texans Supporting State Schools, 7243  
         Lane Park, Dallas, Texas 75225. 
          
              Malcolm Joseph Graham, Jr., member, National Federation  
              for the Blind, 413 West Croslin Street, Austin, Texas  
              78705.     
          
              Johna Klute, Texas Commission for the Blind, 7622 Tannger  
              Street, Houston, Texas 77074. 
          
              James G. Olson, chief executive officer, Association for  
         the Developmentally Disabled, 
              5804 Canal, Houston, Texas 77011. 
          
              Jeffrey Pearcy, president, Texas Association of Blind  
         Merchants, 615 Wilmes Drive, Austin, 
              Texas 78752. 
          
              Zena Pearcy, president, Texas Committee of Parents of  
              Blind Children, 615 Wilmes Drive, Austin, Texas 78752. 
          
              Barbara Pierce, editor of Braile Monitor Magazine,  
         National Federation of the Blind, 
              237 Oak Street, Oberlin, Ohio, 44074. 
          
              Trevor Shockley, P.O. Box 393, Montgomery, Texas 77356. 
          
              Dr. Harold W. Snider, assistant to president, National  
         Federation of the Blind, 3224 Beret Lane, 
              Silver Spring, Maryland 20906. 
          
              Doris Varnell, National Federation for the Blind, 11207  
              Sage Hollow Drive, Austin, Texas 78758.  
          
         The following persons provided oral and written testimony  
         against the committee substitute for HB 2641: 
          
              Dr. Ed Bradley, president, American Council of the Blind  
         of Texas, 905 Martin, Houston, Texas 
              77018.     
          
              Sherri Durst, Texans Supporting State Schools, 1317  
         Greenleaf Circle, Plano, Texas 75025. 
  
              Charles R. Ferguson, Texans Supporting State Schools,  
         7243 Lane Park, Dallas, Texas 75225. 
          
              Edward Guerra, board member, American Council of the  
              Blind of Texas, 4810 Rustown Drive, Austin, Texas 78727. 
          
              Evelyn S. Higgins, 115 Sandra, San Antonio, Texas 78223. 
          
              Joe Shockley, P.O. Box 393, Montgomery, Texas 77356. 
          
              Nancy Ward, president, Denton State School Family  
              Association, 4441 Cartagena Drive, Ft. Worth, Texas  
              76133.  
          
         The following persons registered against the committee  
         substitute for HB 2641, but did not testify: 
          
              Mike Anders, National Federation of the Blind, Austin,  
         Texas 78752. 
          
              Peggy Arthur, Chris Cole Rehabilitation Center, P.O. Box  
         406, Allen, Texas 75013. 
          
              Sandra Ausburn, National Federation of the Blind, Austin,  
         Texas 78756. 
          
              Norma Gonzales Baker, National Federation of the Blind of  
              Texas, P.O. Box 4950, Austin, Texas 78765. 
          
              Peggy Ballard, 611 North 5th, Apt. 11, Temple, Texas  
         76501. 
          
              Louana Bigner, 6909 Rufus Drive, Austin, Texas. 
          
              Kathleen Bradley, 4800 North Lamar, Austin, Texas 78765. 
          
              Kathleen Bradley, 5301 Southmoor Drive, Abilene, Texas  
         79606. 
          
              Raymond Castro, 411 Barrera, San Antonio, Texas 78210. 
          
              Mariyan Cementwala, 6909 Rufus, Austin, Texas. 
          
              Priscilla Cheng, National Federation of the Blind,  
         Austin, Texas. 
          
              Margaret C. Craig, National Federation of the Blind of  
              Texas, 615 Wilmes Drive, Austin, Texas 78752-3123. 
          
              Anita Coverson, 16326 Napa Vine Drive, Houston, Texas  
         77053. 
          
              Jerry Darnell, 6909 Rufus Drive, Austin, Texas 
          
              Shawn Day, 4713 Sam Hill Blvd., Mesquite, Texas 75149. 
          
              Olivia Donelson, 4906 Westview Drive, Austin, Texas  
         78731. 
          
              Mary Janice Doyle, 1500 North Garrett, Apartment 235,  
         Dallas, Texas 75206. 
          
              Betty Durbin, 4710 Ramsey, Austin, Texas 78756. 
          
              Keith Edwards, member, Texas Commission for the Blind,  
              4800 North Lamar, Austin, Texas 78745. 
          
              John Fritz, National Federation of the Blind, Austin,  
              Texas 78752. 
          
              Joey Garcia, Chris Cole Rehabilitation for the Blind,  
         4800 North Lamar, Austin, Texas. 
          
              William Goodman, 2828 Bammel Lane, Houston, Texas 77098. 
          
              Bee Berry Gordon, 2202 West North Loop, #333, Austin,  
         Texas 78756. 
          
              Donald Hamilton, Chris Cole School for the Blind, 408  
              South Harley Drive, Harker Heights, Texas 76548. 
          
              Heather Hecker, National Federation of the Blind, 101  
              South Trenton, Ruston, Louisiana 71270.  
          
              Mary M. Hedrick, Austin, Texas 78701. 
          
              Stephen McGuire, 7134 Gallery Ridge, San Antonio, Texas  
         78250. 
          
              J.B. McQueen, Texas Commission for the Blind, Route 3,  
              Box 974, Sulfer Springs, Texas 75482. 
          
              Pamela McVeigh, member, National Federation for the  
         Blind, Ruston, Louisiana 71270. 
          
              Bobbie Sue Melanlon, National Federation of the Blind,  
              1501 Beall Space 73, Houston, Texas 77088. 
          
              Erlinda Moran, National Federation of the Blind, Austin,  
         Texas 78756. 
          
              Kenneth Norton, Texas Commission for the Blind, 513  
         Meggs, Copperas Cove, Texas 76522. 
          
              Andrew Nwuga, 4800 North Lamar, Austin, Texas 78756. 
          
              Huey Owings, Texas Commission for the Blind, 5252 Twin  
              City Highway, Groves, Texas 77619. 
          
              Gilbert Paz, 1501 Lawnmont, Round Rock, Texas 78664. 
          
              Juanita Perez, National Federation of the Blind, 112 Mier  
         Street, Laredo, Texas. 
          
              Joyce Porter, National Federation of the Blind, 5700  
         Thousand Oaks Circle, Apartment 209, 
              Houston, Texas 77092. 
          
              Diane Puffer, National Federation of the Blind, 4450  
         Sherwood Lane, Apartment 7, 4450 
              Sherwood Lane, Apartment 7, Houston, Texas 77092. 
          
              Harold Ratcliff, Texas Commission for the Blind, 3826  
         Alberta, Houston, Texas 77021. 
          
              Lee Reece, 4803 Duval, Apartment 303, Austin, Texas  
         78756. 
          
              Lori Roldan, 8846 Harding Way, El Paso, Texas 79907. 
          
              Mary Ellen Sanchez, 4701 Cabob Street, Austin, Texas  
         78744. 
          
              Nell Scales, 3804 B Avenue G, Austin, Texas 78751. 
          
              Stephanie Schaeffer, Texas Commission for the Blind, 1602  
         Celeste, Arlington, Texas 76012. 
          
              Jim Shaffer, member, National Federation of the Blind of  
              Texas, 8512 Remington, Austin, Texas 78758. 
          
              Paul Sifuentes, 1522 Park Lane, Georgetown, Texas 78627. 
          
              Susan Smith, 1207 East Jax, Midland, Texas 79701. 
          
              DiShon Spears, National Federation of the Blind, Austin,  
         Texas 78756. 
          
              James O. Skelton, Jr., Blind Industries Worker's of  
              Texas, 4450 Sherwood Lane, Apartment 7, Houston, Texas  
              77092. 
          
              Margie Studer, 1612 Bauerle, Austin, Texas 78704. 
          
              Michael Thomas, 7246 Enchanted Flame, San Antonio, Texas  
         78250. 
          
              Carl Toliver, American Federation for the Blind, 7034 Elk  
         Trail, San Antonio, Texas 78244. 
          
              William Washburn, president, Texas Federation of the  
         Blind, 15118 Wellman, Houston,  
              Texas 77060. 
          
              Jerry Whittle, 6909 Rufus Drive, Austin, Texas. 
          
              Merilynn J. Whittle, Texas Association of Blind  
         Merchants, 615 Wilmes Drive, Austin, Texas 
              78752. 
          
              Harold Wilson, Dallas, Texas. 
          
              Tony Wilson, 436 South Fannin Avenue, Tyler, Texas 75702. 
         The following person submitted written testimony in support of  
         the committee substitute for HB 2641: 
          
              DeAnn Friedholm, governmental affairs, Americaid  
         Community Care, 4314 Sinclair, 
              Austin, Texas 78756. 
          
         The following person submitted written testimony against the  
         committee substitute for HB 2641: 
          
              Cynthia Humphrey, Association of Substance Abuse  
         Programs, 169 Catalina Ct., Kerrville, 
              Texas 78028. 
          
              Tris Castaneda, government relations consultant,  
         Association of Substance Abuse Programs, 
              1005 Congress, Suite 480, Austin, Texas 78701.      
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for HB 2641, the chair closed public testimony. 
          
         At the Senate sponsor's request, the chair left the committee  
         substitute for HB 2641 pending. 
          
         The chair announced that a Staff Working Group would meet on  
         Thursday, May 6, 4 p.m., to review and make recommendations  
         regarding the committee substitute for HB 2641. 
          
         The chair laid out HB 1715 by Representative Denny, relating  
         to the phone number or address of a person making a report of  
         abuse or neglect or a report of other conduct or conditions in  
         a convalescent or nursing home, and recognized the Senate  
         sponsor, Senator Carona, to explain the bill. 
          
         The following persons registered as resources witnesses on  
         HB1715, but did not testify: 
          
              Marc Gold, Texas Department of Human Services, Austin,  
         Texas 78714-9030. 
          
              Jim Lehrman, associate commissioner, Texas Department of  
         Human Services, 701 51st Street, 
              Austin, Texas 78753.   
          
         There being no other persons registered or responding to the  
  
         chair's call for public testimony relating to HB 1715, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 1715.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that HB 1715 be reported to the Senate  
         with the recommendation that it do pass and be printed.  There  
         motion prevailed by a vote of 5 "ayes" and 0 "nays." 
          
         Senator Carona moved that HB 1715 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 3778 by Representative Luna, relating to  
         coordination by the Department of Protective and Regulatory  
         Services of investigations of reports of child abuse and  
         neglect, and recognized the Senate sponsor, Senator Gallegos,  
         to explain the bill. 
          
         The following person registered as a resource witness on HB  
         3778, but did not testify: 
          
              Sarah Webster, director of child protective services,  
              Texas Department of Protective and Regulatory Services,  
              701 West 51st Street, Austin, Texas 78756.   
          
         The following person registered in support of HB 3778, but did  
         not testify: 
          
              Karen Miller, legislative chair, Texas Congress of  
              Parents and Teachers, 5314 Westminister Court, Houston,  
              Texas 77069. 
          
         The following person registered against HB 3778, but did not  
         testify: 
          
              Leslie Hernandez, director of governmental affairs,  
         National Association of Social Workers, 
              810 West 11th, Austin, Texas 78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 3778, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 3778.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Gallegos moved that HB 3778 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 Gallegos moved that HB 3778 be recommended for the  
  
         local and uncontested calendar. There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2866 by Representative Kuempel, relating  
         to assistance funds for mandatory health care services  
         provided in certain counties, and recognized the Senate  
         sponsor, Senator Wentworth, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         2866, but did not testify: 
          
              Bonnie Magers, division director, Texas Department of  
              Health, 1100 West 49th, Austin, Texas 78756-3168. 
          
         The following person registered in support of HB 2866, but did  
         not testify: 
          
              Craig A. Walker, director of governmental affairs, Texas  
              Organization of Rural and Community Hospitals, 200 One  
              American Center, 6th and Congress, Austin, Texas 78701.  
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to HB 2866, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 2866.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that HB 2866 be reported to the Senate  
         with recommendation that it do pass  and be printed.  The  
         motion prevailed by a vote of 5 "ayes" and 0 "nays." 
          
         Senator Carona moved that HB 2866 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         At 9:19 a.m. Senator Carona assumed presiding duties. 
          
         The chair laid out HB 985 be Representative Maxey, relating to  
         compliance by state agencies with strategic guidelines in  
         developing electronic benefits transfer systems, and  
         recognized the Senate sponsor, Senator Zaffirini, to explain  
         the bill. 
          
         No witnesses registered on HB 985. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 985.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 985 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 Zaffirini moved that HB 985 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2304 by Representative Coleman, relating  
         to certain providers of family counseling services under the  
         medical assistance program, and recognized the Senate sponsor,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up committee amendment 1 and moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The following person registered as a resource witness on HB  
         2304, as amended, but did not testify: 
          
              Ron Gernsbacher, program specialist, Texas Department of  
              Health, 1100 West 49th, Austin, Texas 78751. 
          
         The following person provided oral testimony in support of HB  
         2304, as amended: 
          
              Susan Speight, legislative chair, Texas Association for  
              Marriage and Family Therapy, 1033 La Posada, #220,  
              Austin, Texas 78752-3880. 
          
         The following persons registered in support of HB 2304, as  
         amended, but did not testify: 
          
              Cindy Ashby, government relations coordinator, Texas  
              Counseling Association, 316 West 12th Street, Suite 402,  
              Austin, Texas 78701. 
          
              Leslie Hernandez, director of governmental affairs,  
         National Association of Social Workers, 
              810 West 11th Street, Austin, Texas 78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 2304, as  
         amended, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 2304, as amended.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 2304, as amended, 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 Zaffirini moved that  HB 2304, as amended,  be  
         recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair laid out HB 1396 by Representative Maxey, relating  
  
         to the development of a licensing model for intermediate care  
         facilities for the mentally retarded, and recognized the  
         Senate sponsor, Senator Zaffirini, to explain the bill.               
          
         Senator Zaffirini sent up a committee substitute for HB 1396  
         and explained the differences between it and the bill as  
         filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for HB 1396.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini sent up committee amendment 1 and moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Zaffirini moved that the amendment adopted be rolled  
         into a new committee substitute for HB 1396 and that the new  
         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 1396, but did not testify: 
          
              Cindy Alexander, policy analyst, Comptroller of Public  
         Accounts, 111 East 17th Street, 
              Austin, Texas 78703. 
          
              Marc Gold, Texas Department of Human Services, Austin,  
         Texas 78714-9030. 
          
              Don Henderson, legislative liaison, Texas Department of  
              Mental Health and Mental Retardation, P.O. Box 12668,  
              Austin, Texas 78711. 
          
              Jim Lehrman, associate commissioner, Texas Department of  
              Human Services, 701 51st Street, Austin, Texas 78753. 
          
         The following persons registered in support of the committee  
         substitute for HB 1396, but did not testify: 
          
              Terry Childress, associate director, Private Providers  
              Association of Texas, 8711 Burnet Road, A - 19, Austin,  
              Texas 78757.  
          
              Greg Hooser, Provate Providers Association of Texas, 901  
         Congress, Austin, Texas 78701. 
          
              Barrett Markland, community specialist, Advocacy, Inc.,  
              7800 Shoal Creek, #171E, Austin, Texas 78757. 
          
              Susan Marshall, governmental affairs specialist, The ARC  
              of Texas, 1600 West 38th, Suite 200, Austin, Texas 78731.    
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for HB 1396, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on the committee substitute for HB 1396.  There being  
         no objection, the motion prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 1396 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 Zaffirini moved that the committee substitute for HB  
         1396 be recommended for the local and uncontested calendar.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
         The chair laid out HB 1237 by Representative Naishtat,  
         relating to suits for retaliation against volunteers and  
         employees of nursing homes, and recognized the Senate sponsor,  
         Senator Zaffirini, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         1237, but did not testify: 
          
              Jim Lehrman, associate commissioner, Texas Department of  
              Human Services, 701 51st Street, Austin, Texas 78753. 
          
         The following persons registered in support of HB 1237, but  
         did not testify: 
          
              Leslie Hernandez, director of governmental affairs,  
              National Association of Social Workers, 810 West 11th  
              Street, Austin, Texas 78701. 
          
              Mary Ann Hulse, state legislative committee person, AARP,  
              5737 North Scout Island Circle, Austin, Texas 78731. 
          
              Susan Speight, legislative chair, Texas Association for  
              Marriage and Family Therapy, 1033 La Posada, #220,  
              Austin, Texas 78752-3880. 
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to HB 1237, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 1237.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that SB 1237 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 Zaffirini moved that HB 1237 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         At 9:27 a.m. Senator Zaffirini resumed presiding duties. 
          
         The chair laid out HB 330 by Representative Naishtat, relating  
         to orders for extended mental health services, and recognized  
         Senator Carona to explain the bill on behalf of the Senate  
         sponsor, Senator Moncrief. 
          
         The following persons registered in support of HB 330, but did  
         not testify: 
          
              Kim McPherson, public policy specialist, The Mental  
              Health Association of Texas, 8401 Shoal Creek Blvd.,  
              Austin, Texas 78757. 
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to HB 330, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 330.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona  moved that HB 330 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 Carona moved that HB 330 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 1145 by Representative Maxey, relating  
         to continuing education requirements for a licensed chemical  
         dependency counselor, and recognized Senator Carona to explain  
         the bill on behalf of the Senate sponsor, Senator Moncrief. 
          
         The following person provided oral testimony in support of HB  
         1145: 
          
              Cindy Ashby, government relations coordinator, Texas  
              Counseling Association, 316 West 12th Street, Suite 402,  
              Austin, Texas 78701.    
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 1145, the  
         chair closed public testimony. 
          
         Senators Gallegos and Harris asked unanimous consent to be  
         shown voting "aye" on HB 1145.  There being no objection, the  
         motion prevailed by unanimous consent. 
  
         Senator Carona moved that HB 1145 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 Carona moved that HB 1145 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair announced that  proposals for interim committee  
         charges should be submitted to the committee office by Monday,  
         May 10.  She explained the proposals would be compiled and  
         submitted to Lieutenant Governor Rick Perry for his  
         consideration.   
          
         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 9:34 a.m., subject to the  
         call of the chair. 
          
         _______________________________________ 
         Judith Zaffirini, Chair 
          
         _______________________________________ 
         Scott Caffey, Committee Clerk