MINUTES SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES Thursday, February 1, 2001 9 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Health and Human Services was held on Thursday, February 1, 2001, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Mike Moncrief, Chairman None Senator John Carona, Vice Chairman Senator David Bernsen Senator Mario Gallegos, Jr. Senator Chris Harris Senator Frank Madla Senator Jane Nelson Senator Eliot Shapleigh Senator David Sibley ***** The chairman called the meeting to order at 9 a.m. There being a quorum present, the following business was transacted. The chairman laid out the January 25, 2001, minutes and called for revisions. There being none, Senator Nelson moved their adoption. There being no objection, the motion prevailed by unanimous consent. The chairman called the following individuals to provide a review and briefing of the Texas Health STEPS Program. The following persons provided oral testimony: Don Gilbert, commissioner, Texas Health and Human Services Commission. Billy Millwee, director, Texas Health STEPS Program, Texas Department of Health. The following person registered as a resource witness, but did not testify: Charles Bell, executive deputy commissioner, Texas Department of Health. The chairman laid out SB 36 by Senator Zaffirini, relating to training for certain caseworkers employed by health and human services agencies, and recognized the author to explain the bill. Senator Nelson sent up a committee substitute for SB 36 and Senator Zaffirini explained the differences between it and the bill as filed. Senator Nelson moved that the committee substitute for SB 36 be adopted. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 36 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to the committee substitute for SB 36, the chairman closed public testimony. Senator Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for SB 36. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 36 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 9 ayes and 0 nays. Senator Harris moved that the committee substitute for SB 36 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out SB 37 by Senator Zaffirini, relating to establishing a temporary nursing facility license, and recognized the author to explain the bill. Witnesses testifying and registering on SB 37 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to SB 37, the chairman closed public testimony. Senator Shapleigh asked unanimous consent to be shown voting "aye" on SB 37. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 37 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 9 ayes and 0 nays. The chairman laid out SB 38 by Senator Zaffirini, relating to authorizing the conduct of architectural review before the construction or remodeling of certain long-term and other care facilities, and recognized the author to explain the bill. Witnesses testifying and registering on SB 38 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to SB 38, the chairman closed public testimony. Senator Moncrief asked unanimous consent to show Senator Harris voting "nay" on SB 38. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 38 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 8 ayes and 1 nay. At 9:53 a.m. Senator Carona assumed presiding duties. The chairman laid out SB 62 by Senator Moncrief, relating to county and public health district fees in certain populous counties, and recognized the author to explain the bill. Senator Moncrief sent up a committee substitute for SB 62 and explained the difference between it and the bill as filed. Senator Moncrief moved that the committee substitute for SB 62 be adopted. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 62 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony, the chairman closed public testimony. At the author's request, the committee substitute for SB 62 was left pending. The chairman laid out SB 332 by Senator Moncrief, relating to the provision of a pharmaceutical sample by a physician to certain indigent patients, and recognized the author to explain the bill. Senator Moncrief sent up a committee substitute for SB 332 and explained the differences between it and the bill as filed. Senator Moncrief moved that the committee substitute for SB 332 be adopted. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 332 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to the committee substitute for SB 332, the chairman closed public testimony. Senator Moncrief asked unanimous consent to show Senator Harris voting "aye" on the committee substitute for SB 332. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief moved that SB 332 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 7 ayes, 0 nays and 2 absent. Senator Shapleigh moved that the committee substitute for SB 332 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 10:27 a.m. Senator Moncrief resumed presiding duties. The chairman laid out SB 83 by Senator Madla, relating to the regulation of intermediate care facilities for persons with mental retardation, and recognized the author to explain the bill. Senator Madla sent up committee amendment 1 and explained it. Senator Madla moved the adoption of committee amendment 1. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on SB 83, as amended, are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony on SB 83, as amended, the chairman closed public testimony. Senator Moncrief asked unanimous consent to show Senator Harris voting "aye" on SB 83, as amended. There being no objection, the motion prevailed by unanimous consent. Senator Madla moved that SB 83, as amended, be reported to the full Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Shapleigh moved that SB 83, as amended, be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out SB 144 by Senator Carona, relating to the qualifications for a license or provisional license to practice chiropractic, and recognized the author to explain the bill. Witnesses testifying and registering on SB 144 are shown on the attached list. The chairman laid out SB 145 by Senator Carona, relating to chiropractic facility licenses issued by the Texas Board of Chiropractic Examiners, and recognized the author to explain the bill. Witnesses testifying and registering on SB 145 are shown on the attached list. The chairman laid out SB 152 by Senator Carona, relating the appeal of certain determinations by the Texas Board of Chiropractic Examiners, and recognized the author to explain the bill. Witnesses testifying and registering on SB 152 are shown on the attached list. The chairman laid out SB 171 by Senator Carona, relating to the renewal of a license to practice chiropractic, and recognized the author to explain the bill. Witnesses testifying and registering on SB 171 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to Senate Bills 144, 145, 152 and 171, the chairman closed public testimony. Senator Moncrief asked unanimous consent to show Senator Harris voting "aye" on SB 144. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that SB 144 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Carona moved that SB 144 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief asked unanimous consent to show Senator Harris voting "aye" on SB 145. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that SB 145 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Carona moved that SB 145 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief asked unanimous consent to show Senator Harris voting "aye" on SB 152. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that SB 152 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 1 nay and 2 absent. Senator Moncrief asked unanimous consent to show Senator Harris voting "aye" on SB 171. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that SB 171 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. With no other business to come before the committee and upon a motion by Senator Nelson, the chairman recessed the committee by unanimous consent at 10:42 a.m., subject to the call of the chairman. ___________________________________________ Senator Mike Moncrief, chairman ___________________________________________ Scott Caffey, committee clerk