MINUTES 
                                           
                         SENATE COMMITTEE ON HUMAN SERVICES 
                              Wednesday, June 14, 2000 
                                       2 p.m. 
                                   Senate Chamber 
                                           
                                       ***** 
          
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Human  
         Services was held on Wednesday, June 14, 2000, in the Senate  
         Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Judith Zaffirini, Chair         Senator Chris Harris 
         Senator John Carona, Vice Chair 
         Senator David Bernsen 
         Senator Mario Gallegos, Jr. 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2 p.m.  There being a  
         quorum present, the following business was transacted. 
          
         The chair laid out the April 19, 2000, 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 made opening remarks and announced that the purpose of  
         the hearing was to adopt recommendations submitted to the Senate  
         Committee on Human Services regarding interim  charges issued by  
         Lt. Governor Rick Perry. 
          
         The chair called invited panelists to serve as resource  
         witnesses regarding the continuum of care and support options  
         available to Texans in need of long-term care and the  
         implementation of SB 374 by Senator Judith Zaffirini and  
         Representative Patricia Gray, relating to the provision of  
         certain long-term care services, to the continuation and  
         functions of the Texas Department on Aging, and to the eventual  
         consolidation of the Texas Department of Human Services and the  
         Texas Department on Aging into a new agency on aging and  
         disability services. 
          
         The following persons served as resource witnesses: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
      
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
              Eric Bost, commissioner, Texas Department of Human  
              Services, 701 West 51st Street, Austin, Texas 78714-9030. 
          
              Don Henderson, legislative liaison, Texas Department of  
              Mental Health and Mental Retardation, 909 West 45th Street,  
              Austin, Texas 78711-2668. 
          
              Susan Penfield, Children with Special Health Needs  
              Division, Texas Department of Health, 1100 West 49th  
              Street, Austin, Texas 78756. 
          
              Mary Sapp, executive director, Texas Department on Aging,  
              4900 North Lamar, Austin, Texas 78756. 
          
              David Durden, associate commissioner, governmental  
              relations, Texas Department of Insurance, 333 Guadalupe  
              Street, Austin, Texas 78714-9104. 
          
         The chair laid out long-term care consensus recommendations  
         1-24.  
          
         CONSENSUS RECOMMENDATIONS 
          
         Written Motion No. 1 
          
         I move that the Committee recommend that the legislature direct  
         the Texas Department of Human Services to conduct a new time  
         study/ recalculation of the TILE or other case-mix system for  
         Medicaid nursing facility reimbursement to better account for  
         varying resource needs of nursing home residents. 
          
         Written Motion No. 2  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would establish a temporary license for  
         facility operators going through the change of ownership  
         process. 
          
         Written Motion No. 3  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Texas Department of  
         Human Services to maintain a list of operators with excellent  
         regulatory records to be made available in a change of ownership  
         situation.  
          
         Written Motion No. 4  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would allow the Texas Department of  
         Human Services, at the request of a facility owner, to conduct  
         architectural reviews prior to the construction or remodeling of  
         nursing facilities. 
          
         Written Motion No. 5  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would add direct care staff employed by  
         home health agencies, the Texas Department of Mental Health and  
         Mental Retardation, local community mental health and mental  
         retardation centers and other providers, as appropriate, to the  
         list of employees covered by the Texas Department of Human  
         Services Employee Misconduct Registry. 
          
         Written Motion No. 6  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would establish a long-term care local  
         access fund, to be administered by the Health and Human Services  
         Commission, to support local initiatives to improve access to  
         long-term care services.  The commission should prioritize  
         initiatives that utilize Internet technologies to provide  
         information, referral and assessment for local services. 
          
         Written Motion No. 7  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would require the Department of  
         Insurance to produce and disseminate a consumer guide to  
         long-term care insurance that includes information regarding the  
         history of prices charged by insurance companies for long-term  
         care insurance. 
          
         Written Motion No. 8  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would establish joint training for  
         health and human service agency caseworkers to increase their  
         awareness and knowledge of the services available to children  
         within their agency and among other agencies.   
          
         Written Motion No. 9  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Health and Human Services Commission to  
         investigate "shared parenting," "extend-a-family" and "friends  
         of the family" concepts in other states' systems of foster care  
  
         for children with special health care needs outside of  
         protective and regulatory agencies. 
          
         Written Motion No. 10  
          
         I move that the Committee recommend that the legislature direct  
         the Health and Human Services Commission to evaluate the  
         effectiveness of the Medicaid nursing facility rate methodology  
         to incentivize increased direct care staffing and consider the  
         feasibility of additional incentives to improve quality of care  
         and quality of life for residents. 
          
         Written Motion No. 11  
          
         I move that the Committee recommend that the legislature  
         increase funding for Medicaid nursing facility reimbursements. 
          
         Written Motion No. 12  
          
         I move that the Committee recommend that the legislature  
         increase funding for the full range of home and community-based  
         services, including adult day care, home health services,  
         respite services, attendant care and other services. 
          
         Written Motion No. 13  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would include routine preventive dental  
         services to nursing home residents as basic services under the  
         Texas Medicaid program, contingent upon federal waiver approval. 
          
         Written Motion No. 14  
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would provide tuition assistance for  
         licensed vocational nursing students who agree to practice in  
         long-term care settings. 
          
         Written Motion No. 15  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would revamp the criminal history  
         background check process for long-term care employees by  
         expanding the number of employees covered under such  
         requirements and expediting access to background information. 
          
         Written Motion No. 16  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would clarify the appropriate  
         admissibility of Texas Department of Human Services survey  
         documents in civil lawsuits against nursing facilities. 
  
         Written Motion No. 17  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would allow for-profit nursing  
         facilities to purchase liability insurance from the Joint  
         Underwriting Association. 
          
         Written Motion No. 18  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would expand housing options for the  
         elderly and people with disabilities by establishing a housing  
         vouchers program at the Health and Human Services Commission for   
         individuals moving from institutional to community care  
         settings. 
          
         Written Motion No. 19  
          
         I move that the Committee recommend that the legislature direct  
         the Health and Human Services Commission to consider a modeled  
         rate for adult day care reimbursement with the possible  
         inclusion of a case-mix reimbursement. 
          
         Written Motion No. 20  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct health and human service  
         agencies to make permanency planning procedures more consistent  
         across agencies and facilities for children in institutions or  
         considering placement in an institution. 
          
         Written Motion No. 21  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would require appropriate health and  
         human service agencies to implement procedures to ensure that  
         people with disabilities (or their parents/guardians) residing  
         in institutions or at risk of such a placement have access to  
         information about the full range of care options and assistance  
         in utilizing those options if they choose to do so. 
          
         Written Motion No. 22  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would allow children with special health  
         care needs, who would otherwise qualify for nursing home  
         services, to qualify for Medicaid or equivalent benefits, to  
         allow families to provide home care. 
          
         Written Motion No. 23  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would revise the definition of  
         abandonment to include cases where a family has placed a child  
         in an institution, but has no further contact with the child. 
          
         Written Motion No. 24  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would establish an advisory committee to  
         develop a plan for dealing with emergency financial crises at  
         institutions, particularly those serving large numbers of  
         children, and address the problem of facilities with recurring  
         violations. 
          
         Senator Carona moved the adoption of long-term care consensus  
         recommendations 1-24.  Senator Gallegos seconded the motion.  
         There being no objection, the motion prevailed by unanimous  
         consent.            
          
         The chair laid out long-term care member priority  
         recommendations 25-30. 
          
         MEMBER PRIORITY RECOMMENDATIONS 
          
         Written Motion No. 25  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would provide a franchise tax credit for  
         employers that contribute to long-term care insurance for their  
         employees, employees' spouses or parents, equal to 20 percent of  
         the costs incurred by the employer, with a maximum credit of  
         $5,000 or $100 for each employee covered by the plan, whichever  
         is lower. 
          
         Written Motion No. 26  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would provide a full range of  
         administrative penalties for use by the state to sanction  
         assisted living facilities that do not meet standards. 
          
         Written Motion No. 27  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would establish guidelines for updated  
         definitions and policies relating to restraints, seclusions and  
         emergency medications in residential facilities (e.g., nursing  
  
         homes, psychiatric hospitals, ICF-MRs, assisted living centers  
         and residential child care facilities). 
          
         Written Motion No. 28  
          
         I move that the Committee recommend that the legislature  
         increase funding for Texas Department of Human Services audit  
         staff to investigate the financial viability of nursing  
         facilities. 
          
         Written Motion No. 29  
          
         I move that the Committee recommend that the legislature expand  
         statewide the Community Alzheimer's Resource and Education  
         program at the Texas Department of Human Services by adding four  
         additional sites. 
          
         Written Motion No. 30  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would modify the Primary Home Care (PHC)  
         program at the Texas Department of Human Services to: 
          
                   C    Allow three medications per month for Frail Elderly program  
              recipients; 
                   C    Allow greater nurse delegation of tasks to home health  
              aides; 
                   C    Allow presumptive eligibility reimbursement to speed the  
              initiation of services for new clients. 
          
         Senator Carona moved the adoption of long-term care member  
         priority recommendations 25-30.  Senator Bernsen seconded the  
         motion.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chair called invited panelists to serve as resource  
         witnesses regarding the services provided to hardest-to-serve  
         adult welfare recipients and services provided to children  
         receiving welfare. 
          
         The following persons served as resource witnesses: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
              Eric Bost, commissioner, Texas Department of Human  
              Services, 701 West 51st Street, Austin, Texas 78714-9030. 
          
              Diane Rath, commissioner, Texas Workforce Commission, 101  
              East 15th Street, Austin, Texas 78778-0001. 
          
              Patrick Bresette, associate director, Center for Public  
      
              Policy Priorities, 900 Lydia Street, Austin, Texas 78702. 
          
         The chair laid out welfare consensus recommendations 1-4.  
          
         CONSENSUS RECOMMENDATIONS 
          
         Written Motion No. 1  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Health and Human Services Commission, Texas  
         Department of Human Services and the Texas Workforce Commission  
         to define hardship exemptions that adequately address hardship  
         circumstances and barriers some clients may face exiting TANF  
         prior to the time-limits running out. 
          
         Written Motion No. 2  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would include state recognition of  
         nonresidential family violence centers and authorize their  
         funding with state appropriations to the Texas Department of  
         Human Services for the Family Violence  program. 
          
         Written Motion No. 3  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Texas Department of Human Services and the  
         Texas Workforce Commission to develop a cross-agency plan,  
         especially at the local level, for identifying and addressing  
         barriers to work among the hardest-to-serve clients.  
          
         Written Motion No. 4  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Texas Department of Human Services to form an  
         office standards workgroup (including legislative staff,  
         advocates, service providers and stakeholders) to improve the  
         TANF, Medicaid and Food Stamps eligibility, application and  
         review processes at DHS by: 
          
         a)  reviewing client communication; 
         b)  establishing uniform standards across DHS regions;  
         c)  reviewing Food Stamp error rate reduction measures; 
         d)  developing comprehensive performance measures;  
         e)  exploring the use of extended hours based on regional needs;  
         and 
         f)  reviewing TANF policy for counting resources. 
          
         The legislation should direct the Department of Human Services  
         to implement recommendations of the workgroup, where  
         appropriate, and report to the legislature on the findings of  
  
         the workgroup. 
          
         Senator Carona moved the adoption of welfare consensus  
         recommendations 1-4.  Senator Bernsen seconded the motion. There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair laid out welfare member priority recommendations 5-14.  
          
         MEMBER PRIORITY RECOMMENDATIONS 
          
         Written Motion No. 5 
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of Human  
         Services to implement a new screening/assessment process, based  
         on a review of best practices, to help identify clients with  
         highest level of need and barriers to work.  The  
         screening/assessment process is to be used to improve case  
         management, referral to community-based services and to help  
         local workforce contractors design appropriate employability  
         plans and support services.  
          
         Written Motion No. 6  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would require the Texas Department of  
         Human Services, the local workforce boards and the Texas  
         Workforce Commission staff to have a minimum of four hours  
         training about domestic violence and its impact on the ability  
         of TANF clients to meet requirements. 
          
         Written Motion No. 7  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of Human  
         Services and the Texas Workforce Commission to create incentives  
         for local offices that design and implement effective case  
         management tools for identifying hardest-to-serve clients and  
         addressing their needs. 
          
         Written Motion No. 8  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Texas Workforce  
         Commission to: 
          
         C develop a Choices incentive program that encourages placement of  
              TANF clients in higher wage jobs by local workforce board  
              contractors; 
           develop program guidelines for local workforce boards on  
      
              post-employment services that recognize the difficulty many  
              working clients will have in acquiring additional education  
              and training once they are employed; and 
           encourage local workforce boards to provide post-employment case  
              management for the hardest-to-serve clients. 
          
         Written Motion No. 9  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of Human  
         Services, in conjunction with imposing any family-related  
         sanction in the TANF program, to: 
          
         C investigate why a family is being sanctioned, determine what  
              resources could assist the family in meeting requirements,  
              make appropriate referrals and follow up with local support  
              services; and 
           develop a services strategy, to be implemented at the local  
              level, for addressing the needs of children in TANF  
              families. 
          
         Written Motion No. 10  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of Human  
         Services  to: 
          
         C revise the TANF vehicle resource limit to exclude the value of  
              one vehicle when determining a family's assets; 
           define "TANF-related" services or programs, such as resource and  
              referral services, and allow families with vehicles above  
              the Food Stamp resource limit who qualify for these  
              services to also qualify for Food Stamps under expanded  
              federal "categorical eligibility" rules; and   
           if federal legislation is enacted that gives states the option  
              to exclude the value of one vehicle for the purposes of the  
              Food Stamp asset test for all Food Stamp recipients,  
              exercise that option.  
          
         Written Motion No. 11  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Department of Human Services to: 
          
         C eliminate face-to-face requirements and allow mail-in  
              eligibility or telephone  re-certification for children's  
              Medicaid; and   
           eliminate the assets test  for children's Medicaid. 
          
         Written Motion No. 12  
          
         I move that the Committee direct the committee staff to work  
  
         with the Legislative Council to draft proposed legislation that  
         would direct the Department of Human Services to adopt 12-month  
         continuous eligibility for children's Medicaid. 
          
         Written Motion No. 13  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of Human  
         Services to develop a plan to roll out the Employment Retention  
         and Advancement (ERA) pilot project to all regions over a 7 year  
         period, with the statewide roll-out to occur only if the data  
         collected from the current sites indicates a positive effect on  
         the employment outcomes of current and former TANF recipients  
         served by this project. 
          
         Written Motion No. 14  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Department of Human Services to: 
          
         C allow phone-in recertification for Food Stamp clients who are  
              working or in job training; and  
           require only one face-to-face DHS office interview annually for  
              these clients. 
          
         Senator Carona moved the adoption of welfare member priority  
         recommendations 5-14.  Senator Bernsen seconded the motion.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         The chair called invited panelists to serve as resource  
         witnesses regarding federal developments related to long-term  
         care and welfare issues. 
          
         The following persons served as resource witnesses: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
              Eric Bost, commissioner, Texas Department of Human  
              Services, 701 West 51st Street, Austin, Texas 78714-9030. 
          
              Diane Rath, commissioner, Texas Workforce Commission, 101  
              East 15th Street, Austin, Texas 7877-0001. 
          
              Kathy Eckstein, team manager, Federal Funds, Legislative  
              Budget Board, P.O. Box 12666, Austin, Texas 78733. 
          
              Patrick Bresette, associate director, Center for Public  
              Policy Priorities, 900 Lydia Street, Austin, Texas 78702. 
          
         The chair laid out federal developments relating to long-term  
  
         care and welfare consensus recommendations 1-4.  
          
         CONSENSUS RECOMMENDATIONS 
          
         Written Motion No. 1  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would: 
          
                    C   endorse the process utilized by the "Promoting Independence"  
              plan to direct HHSC and HHS agencies to ensure the  
              appropriate care setting for people with disabilities; 
                   C    direct agencies to ensure that such efforts provide for  
              timely and appropriate transfer of consumers from  
              institutional to community placements and prevent the  
              unnecessary institutionalization of those in the community  
              who are at imminent risk; and 
                   C    require HHSC to report on the status of implementation to  
              the legislature and make recommendations for needed  
              statutory and appropriation action. 
          
         Written Motion No. 2  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of Human  
         Services to impose a greater penalty for non-compliance with the  
         child support program for families of seven or more for a single  
         parent and six or more for two-parent families. 
          
         Written Motion No. 3  
          
         I move that the Committee recommend that the legislature  
         increase funding for childcare for current and former TANF  
         clients, including infant care, weekends, shift hours and other  
         services.  
         Written Motion No. 4  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Texas Department of Human Services to utilize  
         TANF maintenance-of-effort (MOE) funds for assistance and  
         services to two-parent families. 
          
         Senator Carona moved the adoption of federal developments  
         relating to long-term care and welfare consensus recommendations  
         1-4.  Senator Gallegos seconded the motion.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         The chair laid out federal developments relating to long-term  
         care and welfare member priority recommendations 5-9.  
          
         MEMBER PRIORITY RECOMMENDATIONS 
  
         Written Motion No. 5  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would:  
          
         C maintain a $25 financial penalty for 6 months for a drug or  
              alcohol-related misdemeanor conviction;  
           allow TANF/Food Stamp  clients with non-trafficking drug  
              felonies who have completed any sentencing, are in  
              compliance with parole/probation and are participating in  
              or have completed a subtance abuse treatment to receive  
              assistance; and   
           place limits on how many times such clients may access benefits. 
          
         Written Motion No. 6  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would expand transitional supports for  
         those leaving welfare to work to include ongoing educational  
         opportunities, job coaching, emergency assistance,  
         transportation assistance, housing-related supports, health  
         care, better access to child care and other supports. 
          
         Written Motion No. 7  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of Human  
         Services and the Texas Workforce Commission to: 
          
         C require all adults receiving cash assistance to participate in  
              work activities within 24 months;   
           design activities to meet the needs of those clients with  
              significant and continuing barriers to work; and  
           continue assistance for those unable to work within the 24-month  
              deadline if barriers to work persist. 
          
         Written Motion No. 8  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would define allowable work activities  
         for TANF recipients. 
          
         Written Motion No. 9  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Department of Human Services to continue to  
         provide an additional six months of transitional Medicaid  
         benefits to exempted Choices volunteers. 
          
         Senator Carona moved the adoption of federal developments  
         relating to long-term care and welfare member priority  
         recommendations 5-9.  Senators Bernsen and Gallegos seconded the  
         motion.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chair called invited panelists to serve as resource  
         witnesses regarding the implementation of HB 2641 by  
         Representative Patricia Gray and Senator J.E. "Buster" Brown,  
         relating to the continuation and functions of the Health and  
         Human Services Commission. 
          
         The following person served as a resource witness: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
         The chair laid out HB 2641 member priority recommendation 1.  
          
         MEMBER PRIORITY RECOMMENDATION 
          
         Written Motion No. 1  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Health and Human  
         Services Commission to submit advance copies of official  
         submissions to the federal government regarding waiver  
         applications and state plan amendments to the House Public  
         Health, House Human Services, Senate Health Services and Senate  
         Human Services Committees. 
          
         Senator Carona moved the adoption of HB 2641 member priority  
         recommendation 1.  Senator Bernsen seconded the motion.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair called invited panelists to serve as resource  
         witnesses regarding the effects of additional resources provided  
         to the Texas Department of Protective and Regulatory Services. 
          
         The following persons served as a resource witnesses: 
          
              Karen Eells, deputy director of programs, Texas Department  
              of Protective and Regulatory Services, 701 West 51st  
              Street, Austin, Texas 78714-9030.      
          
              Don Gilbert, commissioner, Texas Health and Human Services  
              Commission,, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
         Senator Gallegos moved that the Texas Department of Protective  
         and Regulatory Services provide the Senate Committee on Human  
         Services with a report about what the agency is doing  
          
         to address the issue of abandoned babies in Harris County.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         The chair laid out PRS consensus recommendations 1-12.  
          
         CONSENSUS RECOMMENDATIONS 
          
         Written Motion No. 1  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would extend Medicaid or other health  
         care funding options for foster children until age 21. 
          
         Written Motion No. 2  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would increase the subsidy given to  
         adoptive families who adopt children with special needs. 
          
         Written Motion No. 3  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Texas Department of Protective and Regulatory  
         services to increase unannounced inspections of child care  
         facilities designated as high risk. 
          
         Written Motion No. 4  
          
         I move that the Committee recommend that the legislature  
         increase funding for a statewide Department of Protective and  
         Regulatory Services respite care program based on the  
         department's respite care pilot. 
          
         Written Motion No. 5  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would include Department of Protective  
         and Regulatory Services registered drop-in day care centers in  
         the training requirements for child care providers. 
          
         Written Motion No. 6  
          
         I move that the Committee recommend that the legislature  
         increase funding to expand Department of Protective and  
         Regulatory Services home visiting services and offer a menu of  
         programs based on identified community need and support. 
          
         Written Motion No. 7  
          
         I move that the Committee direct the committee staff to work  
  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Texas Department of  
         Protective and Regulatory Services to add child abuse prevention  
         information to the posters displayed at business organizations  
         providing child care. 
          
         Written Motion No. 8  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct appropriate institutions of higher education and  
         state agencies to report to the legislature and the Health and  
         Human Services Commission about efforts to serve children age  
         zero to three and recommendations to enhance collaboration and  
         coordination of these efforts. 
          
         Written Motion No. 9  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Texas Education Agency to amend current rules  
         requiring teachers to report child abuse and neglect by adding a  
         requirement to inform teachers about how to recognize child  
         abuse and neglect. 
          
         Written Motion No. 10  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would direct the Department of  
         Protective and Regulatory Services and the Texas Education  
         Agency to collaborate to include child abuse prevention and  
         awareness information in the state's education curriculum for  
         students.  
          
         Written Motion No. 11  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft proposed legislation that  
         would direct the Texas Department of Protective and Regulatory  
         Services and the Children's Trust Fund to develop and implement  
         an infant mortality prevention education program throughout the  
         state using persons and organizations with specific experience,  
         such as the Child Fatality Review Teams or the SIDS Alliance. 
          
         Written Motion No. 12  
          
         I move that the Committee direct the committee staff to work  
         with the Legislative Council to draft into proposed legislation  
         a statutory change that would expand the authority for the  
         Department of Protective and Regulatory Services to obtain  
         criminal background information on certain applicants,  
         employees, volunteers or persons living in an adoptive or foster  
         home where a child in Child Protective Services conservatorship  
         will reside. 
  
         Senator Carona moved the adoption of PRS consensus  
         recommendations 1-12.  Senator Gallegos seconded the motion.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         The chair laid out PRS member priority recommendation 13.  
          
         MEMBER PRIORITY RECOMMENDATION 
          
         Written Motion No. 13  
          
         I move that the Committee recommend that the legislature  
         increase funding to the Department of Protective and Regulatory  
         Services for drug testing to verify client, relative or  
         household member use or non-use of controlled substances; and  
         adult treatment, assessment and drug screenings.  
          
         Senator Carona moved the adoption of PRS member priority  
         recommendation 13.  Senator Bernsen seconded the motion.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         With no other business to come before the committee and upon a  
         motion by Senator Carona, the chair recessed the committee by  
         unanimous consent at 2:26 p.m., subject to the call of the  
         chair. 
          
         ___________________________________ 
         Judith Zaffiirni, Chair 
          
         ___________________________________ 
         Scott Caffey, Committee Clerk