MINUTES
SENATE COMMITTEE ON HUMAN SERVICES
Wednesday, May 12, 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 12, 1999, in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair Senator Mario
Gallegos, Jr.
Senator John Carona, Vice Chair
Senator David Bernsen
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 HB 1459 by Representative Dunnam, relating
to facilities and services for the care of the elderly or a
person with a disability in certain municipal hospital
authorities, and recognized the Senate sponsor, Senator
Sibley, to explain the bill.
The following person registered as resource witnesses on HB
1459, but did not testify:
Shaku Desai, planner, Texas Department of Health, 1100
West 49th Street, Austin, Texas 78758.
The following person registered and provided written testimony
on HB 1459, but did not testify:
Tim Graves, executive director, Texas Health Care
Association, P.O. Box 4554, Austin, Texas 78737.
The following person registered in support of HB 1459, but did
not testify:
Craig A. Walker, director of governmental relations,
Texas Organization of Rural and Community Hospitals, 200
One American Center, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 1459, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 1459. There being no objection, the motion
prevailed by unanimous consent.
Senator Carona moved that HB 1459 be reported to the Senate
with the recommendation that it do pass and be printed. There
motion prevailed by a vote of 4 "ayes," 0 "nays" and 1
"absent."
Senator Carona moved that HB 1459 be recommended for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 897 by Representative Haggerty, relating
to medical assistance payments for ambulance services, and
recognized the Senate sponsor, Senator Carona, to explain the
bill.
The following person registered as a resource witness on HB
897, but did not testify:
Brenda Salisbery, program specialist, Texas Department of
Health, 13263 Darwin Lane, Austin, Texas 78729.
The following person registered in support of HB 897, but did
not testify:
Craig A. Walker, director of governmental affairs, Texas
Ambulance Association, 200 One American Center, Austin,
Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 897, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 897. There being no objection, the motion
prevailed by unanimous consent.
Senator Carona moved that HB 897 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 Carona moved that HB 897 be recommended for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 1797 by Representative Tillery, relating
to the transportation of certain individuals who may have a
mental illness and are admitted to a county mental health
facility for emergency detention, and recognized the Senate
sponsor, Senator Carona, to explain the bill.
The following person provided oral testimony in support of HB
1797:
Melanie Barton, assistant district attorney, Dallas
County, 411 Elm Street, 5th Floor, Dallas, Texas 75202.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 1797, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 1797. There being no objection, the motion
prevailed by unanimous consent.
Senator Carona moved that HB 1797 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 Carona moved that HB 1797 be recommended for the local
and uncontested calendar. There being no objection, the motion
prevailed by unanimous consent.
The chair laid out HB 2148 by Representative Maxey, relating
to certain federally funded long-term care Medicaid programs,
and recognized Senator Bernsen to explain the bill on behalf
of the Senate sponsor, Senator Moncrief.
The following person registered as a resource witness on HB
2148, but did not testify:
Susan Penfield, division director, Children with Special
Health Care Needs, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756-3179.
The following persons registered in support of HB 2148, but
did not testify:
Patricia Anderson, executive director, United Cerebral
Palsy of Texas, 900 Congress, Suite 220, Austin, Texas
78701.
Frank Genco, Texas planning Council for Developmental
Disabilities, 4900 North Lamar, Austin, Texas 78751.
Susan Murphree, program specialist, Advocacy,
Incorporated, 7800 Shoal Creek Blvd., 171-E, Austin,
Texas 78757.
There being no other witnesses registered or responding to the
chair's call for public testimony
relating to HB 2148, the chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 2148. There being no objection, the motion
prevailed by unanimous consent.
Senator Bernsen moved that HB 2148 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 2148 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 7:11 a.m. Senator Carona resumed presiding duties.
The chair laid out HB 836 by Representative Tracy King,
relating to access under the public information law to birth
and death indexes, and recognized the Senate sponsor, Senator
Zaffirini, to explain the bill.
Senator Zaffirini sent up a committee substitute for HB 836
and explained the differences between it and the bill as
filed.
Senator Zaffirini moved the adoption of the committee
substitute for HB 836. There being no objection, the motion
prevailed by unanimous consent.
The following persons registered as resource witnesses on the
committee substitute for HB 836, but did not testify:
Richard Bays, state registrar, Texas Department of
Health, 1100 West 49th Street, Austin, Texas 78756.
Rebecca Payne, assistant attorney general, Office of the
Attorney General, P.O. Box 12548, Austin, Texas 78711.
Dan Robertson, consultant, ARCO Permian, 816 Congress,
Suite 1680, Austin, Texas 78701.
The following person provided oral testimony in support of the
committee substitute for HB 836:
John C. Miller, president, Austin Genealogical Society,
5921 Carleen Drive, 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 836, the chair closed public testimony.
Senator Harris asked unanimous consent be shown voting "aye"
on the committee substitute for HB 836. There being no
objection, the motion prevailed by unanimous consent.
Senator Zaffirini moved that HB 836 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 HB
836 be recommended for the local and uncontested calendar.
There being no objection, the motion prevailed by unanimous
consent.
The chair laid out HB 908 by Representative Coleman, relating
to enforcement of screening requirements for vision, hearing,
and other special senses and communication disorders of
children in certain licensed child-care facilities, and
recognized the Senate sponsor, Senator Zaffirini, to explain
the bill.
The following persons registered as resource witnesses on HB
908, but did not testify:
Elisah R. Brown, administrator, Texas Department of
Health, 1100 West 49th Street, Austin, Texas 78756.
Mark J. Marsh, director of licensing, Texas Department of
Protective and Regulatory Services,
701 West 51st, Austin, Texas 78744.
Rose Aird Minette, program specialist - hearing loss,
Texas Commission for the Deaf and Hard of Hearing, 4800
North Lamar Blvd., #310, Austin, Texas 78756.
The following person provided oral and written testimony in
support of HB 908:
Diane Ingram, executive director, Prevent Blindness
Texas, 1100 West 45th Street, Austin, Texas 78756.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 908, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 908. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 908 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 Zaffirini moved that HB 908 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out the May 5 and May 10, 1999, minutes and
called for revisions. There being none, Senator Zaffirini
moved their approval. There being no objection, the motion
prevailed by unanimous consent.
The chair laid out HB 2170 by Representative Naishtat,
relating to investigations and protective services for elderly
and disabled persons, and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill.
The following persons registered as resource witnesses on HB
2170, but did not testify:
Marc Gold, Texas Department of Human Services, Austin,
Texas.
Bettye M. Mitchell, Texas Department of Protective and
Regulatory Services, 7401 Brookhollow, Austin, Texas
78752.
Jean Wallace, senior attorney, Texas Department of
Protective and Regulatory Services, Austin, Texas.
The following person registered in support of HB 2170, but did
not testify:
Frank Genco, Texas Planning Council for Developmental
Disabilities, 4900 North lamar, Austin, Texas 78751.
Susan Marshall, governmental affairs specialist, The ARC
of Texas, 1600 West 38th Street, Suite 200, Austin, Texas
78731.
The following person submitted written testimony in support of
HB 2170, but did not testify:
Susan Murphree, program specialist, Advocacy,
Incorporated, 7800 Shoal Creek Blvd.,
#171E, Austin, Texas 78757.
There being no other persons registered or responding to the
chair's call for public testimony relating to HB 2170, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 2170. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 2170 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 Zaffirini moved that HB 2170 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2873 by Representative Maxey, relating
to the operation of certain Medicaid waiver programs for
children with disabilities or special health care needs, 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 persons registered as resource witnesses on HB
2873, as amended, but did not testify:
Anita Anderson, director of community care services,
Texas Department of Human Services, 701 West 51st Street,
Austin, Texas 78714.
Susan Penfield, division director, Children with Special
Health Care Needs, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756.
Penny Steele, director of governmental affairs, Texas
Department of Mental Health and Mental Retardation, 909
West 45th Street, Austin, Texas 78751.
Linda Wertz, state Medicaid director, Texas Health and
Human Services Commission, P.O. Box 13247, Austin, Texas
78711.
The following persons registered in support and provided
written testimony on HB 2873, as amended, but did not
testify:
Patricia Anderson, executive director, United Cerebral
Palsy of Texas, 900 Congress, Suite 220, Austin, Texas
78701.
Frank Genco, Texas Planning Council for Developmental
Disabilities, 4900 North Lamar, Austin, Texas 78751.
Susan Marshall, governmental affairs specialist, The ARC
of Texas, 1600 West 38th Street, Suite 200, Austin, Texas
78731.
Susan Murphree, program specialist, Advocacy,
Incorporated, 7800 Shoal Creek Blvd., #171E,
Austin, Texas 78757.
There being no other witnesses registered or responding to
the chair's call for public testimony relating to HB 2873, as
amended, the chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 2873, as amended. There being no objection, the
motion prevailed by unanimous consent.
Senator Zaffirini moved that HB 2873, as amended, 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 Zaffirini moved that HB 2873, 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 3740 by Representative Greenberg,
relating to the location of administrative hearings conducted
by the State Office of Administrative Hearings on behalf of
the Department of Protective and Regulatory Services, and
recognized the Senate sponsor, Senator Zaffirini, to explain
the bill.
The following persons registered as resource witnesses, but
did not testify:
Martha H. Allan, supervising attorney, Texas Department
of Protective and Regulatory Services, 701 West 51st,
Austin, Texas 78744.
Amy Hodgins, deputy chief, State Office of Administrative
Hearings, 300 West 15th Street, Suite 502, Austin, Texas.
Mark J. Marsh, director of licensing, Texas Department of
Protective and Regulatory Services, 701 West 51st Street,
Austin, Texas 78744.
Sheila Bailey Taylor, chief administrative judge, State
Office of Administrative Hearings, 300 West 15th Street,
Suite 502, Austin, Texas.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 3740, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 3740. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 3740 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 Zaffirini moved that HB 3740 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 3741 by Representative Greenberg,
relating to regulation by the Department of Protective and
Regulatory Services of certain child-care facilities, family
homes, and child-placing agencies, 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
3741, as amended, but did not testify:
Mark J. Marsh, director of licensing, Texas Department of
Protective and Regulatory Services,
701 West 51st Street, Austin, Texas 78744.
The following person registered in support of HB 3741, as
amended, but did not testify:
Nancy Holman, executive director, Texas Association of
Licensing Children's Services,
4701 Westgate Blvd., Suite B-202, Austin, Texas 78745.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 3741, as
amended, the chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 3741, as amended. There being no objection, the
motion prevailed by unanimous consent.
Senator Zaffirini moved that HB 3741, as amended, 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 Zaffirini moved that HB 3741, as amended, be
recommended for the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
At 7:35 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out HB 1854 by Representative Thompson,
relating to indigent care provided by the Harris County
Hospital District, and recognized Senator Bernsen to explain
the bill on behalf of the Senate sponsor, Senator Ellis.
The following person registered in support of HB 1854, but did
not testify:
Richard Cron, legislative coordinator, Harris County -
Judge Robert Eckels, 1001 Preston, 9th Floor, Houston,
Texas 77002.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 1854, the
chair closed public testimony.
Senator Bernsen moved that HB 1854 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 1854 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2966 by Representative Hilbert, relating
to the authority of certain hospital authorities to provide
facilities and services for the elderly and disabled, and
recognized Senator Bernsen to explain the bill on behalf of
the Senate sponsor, Senator Lindsay.
The following person registered in support of HB 2966, but did
not testify:
George Covington, vice president, Tomball Regional
Hospital, 605 Holderrieth, Tomball, Texas 77375.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 2966, the
chair closed public testimony.
Senator Bernsen moved that HB 2966 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 2966 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HCR 96 by Representative Coleman, directing
the Texas Health and Human Services Commission to maximize
federal funding for outreach activities related to children's
health insurance, and recognized Senator Bernsen to explain
the bill on behalf of the Senate sponsor, Senator Ellis.
The following person registered as a resource witness on HCR
96, but did not testify:
Susan Penfield, division director, Children with Special
Health Care Needs, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756-3179.
The following persons registered in support of HCR 96, but did
not testify:
Patricia Anderson, executive director, United Cerebral
Palsy of Texas, 900 Congress, Suite 220, Austin, Texas
78701.
Frank Genco, Texas Planning Council for Developmental
Disabilities, 4900 North Lamar,
Austin, Texas 78751.
Susan Marshall, governmental affairs specialist, The ARC
of Texas, 1600 West 38th, Suite 200,
Austin, Texas 78731.
Susan Murphree, program specialist, Advocacy,
Incorporated, 7800 Shoal Creek Blvd., #171E,
Austin, Texas 78757.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HCR 96, the
chair closed public testimony.
Senator Bernsen moved that HCR 96 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 HCR 96 be recommended for the local
and uncontested calendar. There being no objection, the motion
prevailed by unanimous consent.
The chair laid out HB 3693 by Representative Hunter, relating
to certification under the state Medicaid program of nursing
home beds in certain nursing facilities, and recognized the
Senator Carona to explain the bill on behalf of the Senate
sponsor, Senator Fraser.
The following person registered as a resource witness and
provided oral testimony on HB 3693:
Jim Lehrman, associate commissioner, Texas Department of
Human Services, 701 West 51st Street, Austin, Texas
78753.
The following person registered as a resource witness on HB
3693, but did not testify:
Glen Provost, vice president, Health Policy, Texas Tech
University Health Sciences Center, 3601 4th Street,
Lubbock, Texas 79406.
The following persons registered in support of HB 3693, but
did not testify:
Teresa Aguirre, legislative assistant, Texas Association
of Homes and Services for the Aging, 2205 Hancock Drive,
Austin, Texas 78756.
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 East Anderson Lane,
Austin, Texas 78752.
The following person registered in support and provided
written testimony on HB 3693, but did not testify:
Randy Johnson, vice president, Sears Methodist Retirement
System, 3233 South Willis,
Abilene, Texas 79606.
The chair left public testimony open on HB 3693.
The chair left HB 3693 pending, at the request of the Senate
sponsor.
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 7:46 a.m., subject to the
call of the chair.
_____________________________________
Judith Zaffirini, Chair
_____________________________________
Scott Caffey, Committee Clerk