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that HB 836 by Representative King, relating to access under the information law to birth and death indexes, was withdrawn from the day's agenda and would not be considered.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