MINUTES 
          
                       SENATE COMMITTEE ON HUMAN SERVICES 
                              Friday, May 14, 1999 
                                     7 a.m. 
                                 Senate Chamber 
          
                                      ***** 
          
         Pursuant to a notice posted for a public hearing on Wednesday,  
         May 12, 1999, and a motion made in the Texas Senate by Senator  
         Zaffirini to suspend the Senate posting rule to add various  
         bills to the agenda in accordance with Senate Rule 11.11, a  
         public hearing of the Senate Committee on Human Services was  
         held on Friday, May 14, 1999, in the Senate Chamber at Austin,  
         Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Judith Zaffirini, Chair          
         Senator John Carona, Vice Chair 
         Senator David Bernsen 
         Senator Mario Gallegos, Jr. 
         Senator Chris Harris 
          
                                      ***** 
          
         The chair called the meeting to order at 7 a.m.  There being a  
         quorum present, the following business was transacted.   
          
         The chair laid out the May 13, 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 laid out HB 937 by Representative Maxey, relating to  
         the operation of certain food programs administered by the  
         Texas Department of Human Services, and recognized the Senate  
         sponsor, Senator Ellis, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         937, but did not testify: 
          
              Sally Foshko, Texas Department of Human Services, P.O.  
              Box 149030, Austin, Texas 78714-9030. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 937, the  
         chair closed public testimony. 
          
         The chair left HB 937 pending temporarily, at the request of  
         the Senate sponsor. 
          
         The chair laid out HB 3340 by Representative Naishtat,  
         relating to a rental housing pilot project to expand long-term  
         care housing options for elderly residents of this state with  
         low, very low, or extremely low income, and recognized the  
         Senate sponsor, Senator Lucio, to explain the bill. 
          
         The following person registered as a resource witness and  
         provided oral testimony on HB 3340: 
          
              Marc Gold, Texas Department of Human Services, 701 West  
         51st Street, Austin, Texas 78714. 
          
         The following person registered as a resource witness on HB  
         3340, but did not testify: 
          
              Scott Hendrix, analyst, Texas Comptroller of Public  
              Accounts, 111 East 17th Street, Austin, Texas 78701. 
          
         The following person registered in support of HB 3340, but did  
         not testify: 
          
              Teresa Aguirre, legislative assistant, Texas Association  
         of Homes and Services for the Aging, 
              2205 Hancock Drive, Austin, Texas 78756. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating  
         to HB 3340, the chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 3340.  There being no objection, the motion  
         prevailed by unanimous consent.  
          
         Senator Carona moved that HB 3340 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 3340 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out anew HB 937 by Representative Maxey,  
         relating to the operation of certain food programs  
         administered by the Texas Department of Human Services, which  
         had been left pending, and recognized the Senate sponsor,  
         Senator Ellis. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 937.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Harris moved that HB 937 be reported to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion prevailed by a vote of 5 "ayes" and 0 "nays."         
          
         Senator Harris moved that HB 937 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         At 7:14 a.m. Senator Carona assumed presiding duties. 
          
         The chair laid out HB 160 by Representative Wise, relating to  
         the regulation of certain sales or solicitation made by  
         children; providing a penalty, and recognized the Senate  
         sponsor, Senator Zaffirini, to explain the bill. 
          
         There being no witnesses registered or responding to the  
         chair's call for public testimony relating to HB 160, thc  
         chair closed public testimony.  
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 160.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 160 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 160 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 820 by Representative Naishtat, relating  
         to review of certain children's continued eligibility for  
         medical assistance, and recognized the Senate sponsor, Senator  
         Zaffirini, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         820, but did not testify: 
          
              Judy Denton, director of eligibility services, Texas  
              Department of Human Services, 701 West 51st Street,  
              Austin, Texas 78714-9030.  
         The following persons provided oral testimony in support of HB  
         820: 
          
              Anne Dunkelberg, senior policy analyst, Center for Public  
              Policy Priorities, Austin, Texas 78702. 
          
              Lisa McGiffert, senior policy analyst, Consumers Union,  
              1300 Guadalupe, Suite 100, Austin, Texas 78701. 
          
         The following person registered in support of HB 820, but did  
         not testify: 
          
              Susan Murphree, program specialist, Advocacy, Inc., 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 820, the  
         chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 820.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 820 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."  
          
         The chair laid out HB 1151 by Representative McCall, relating  
         to the continuation and functions of the Office for the  
         Prevention of Developmental Disabilities, and recognized the  
         Senate sponsor, Senator Zaffirini, to explain the bill. 
          
         The following persons registered as resource witnesses on HB  
         1151, but did not testify: 
          
              Larry Camp, executive director, Texas Office for  
              Prevention of Developmental Disabilities, 4900 North  
              Lamar, Austin, Texas 78711. 
          
              Ilan Levin, policy analyst, Sunset Advisory Commission,  
         Capitol Extension, Room E2.002, 
              Austin, Texas 78701. 
          
              Penny Steele, director, governmental affairs, Texas  
              Department of Mental Health and Mental Retardation, 909  
              West 45th Street, Austin, Texas 78731. 
              Lesa R. Walker, director, systems development, Texas  
              Department of Health, 1100 West 49th Street, Austin,  
              Texas 78756-3179. 
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to HB 1151, the  
         chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 1151.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 1151 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."  
          
         The chair laid out HB 1586 by Representative Naishtat,  
         relating to the coverage by long-term care insurance policies  
         of the parents of an insured or the parents of the spouse of  
         an insured, and recognized the Senate sponsor, Senator  
         Zaffirini, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         1586, but did not testify: 
          
              Kim Stokes, Texas Department of Insurance, Austin, Texas. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 1586, the  
         chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on the HB 1586.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 1586 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 1586 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2795 by Representative Naishtat,  
         relating to notice and hearing for the appointment of a  
         guardian for incapacitated persons, and recognized the Senate  
         sponsor, Senator Zaffirini, to explain the bill. 
          
         The following persons registered as resource witnesses on HB  
         2795, but did not testify: 
          
              Bettye M. Mitchell, director of adult protective  
              services, Texas Department of Protective and Regulatory  
              Services, 701 West 51st Street, Austin, Texas 78752. 
          
              Jean Wallace, attorney, Texas Department of Protective  
              and Regulatory Services, 701 West 51st Street, Austin,  
              Texas 78751. 
          
         The following person registered in support of HB 2795, but did  
         not testify: 
          
              Judge Guy Herman, presiding judge, Travis County Probate  
              Court Number 1, P.O. Box 1748, Room 217, Austin, Texas  
              78767. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 2795, the  
         chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 2795.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 2795 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 2795 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         At 7:29 a.m. Senator Zaffirini resumed presiding duties. 
          
         The chair laid out HB 3450 by Representative Hilderbran,  
         relating to the collection of civil penalties assessed against  
         a convalescent or nursing home or related institution, and  
         recognized Senator Bernsen to explain the bill on behalf of  
         the Senate sponsor, Senator Moncrief. 
          
         The following person registered as a resource witness and  
         provided oral testimony on HB 3450: 
          
              Paul Carmona, division chief, Office of the Attorney  
              General, 300 West 15th Street, Austin, Texas 78701.  
          
         The following person registered in support of HB 3450, but did  
         not testify: 
          
              Beth Ferris, president, Texas Advocates for Nursing Home  
         Residents, 500 East Anderson 
              Lane, #234W, Austin, Texas 78752. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 3450, the  
         chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 3450.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Bernsen moved that HB 3450 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 Bernsen moved that HB 3450 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 3451 by Representative Hilderbran,  
         relating to arbitration to resolve certain matters relating to  
         nursing homes and related institutions, and recognized the  
         Senate sponsor, Senator Moncrief, to explain the bill. 
          
         The following person registered as a resource witness on HB  
         3451, but did not testify: 
          
              Paul D. Carmona, division chief, Office of the Attorney  
              General, 300 West 15st Street, Austin, Texas 78701.   
          
         The following person registered in support of HB 3451, but did  
  
         not testify: 
          
              Beth Ferris, president, Texas Advocates for Nursing Home  
         Residents, 500 East Anderson  Lane, 
              #234W, Austin, Texas 78752. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 3451, the  
         chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on HB 3451.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Bernsen moved that HB 3451 be reported to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion prevailed by 5 "ayes" and 0 "nays." 
          
         Senator Harris moved that HB 3451 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 3452 by Representative Hilderbran,  
         relating to binding arbitration to resolve certain disputes  
         involving certain residential and custodial facilities  
         licensed by the Texas Department of Human Services, and  
         recognized the Senate sponsor, Senator Moncrief, to explain  
         the bill. 
          
         The following person registered as a resource witness on HB  
         3452, but did not testify: 
          
              Paul Carmona, division chief, Office of the Attorney  
         General, 300 West 15th Street, 
              Austin, Texas 78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 3452, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 3452.  There being no objection, the motion  
         prevailed by unanimous consent.  
          
         Senator Carona moved that HB 3452 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 3452 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         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 7:41 a.m., subject to the  
         call of the chair. 
          
         ___________________________________________ 
         Judith Zaffirini, Chair 
          
         ___________________________________________ 
         Scott Caffey, Committee Clerk