MINUTES 
                                           
                   SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES 
                              Thursday, March 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, March 1, 2001, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Mike Moncrief, Chairman         Senator David Sibley 
         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 Carona, serving as the presiding officer, called the  
         meeting to order at 9:01 a.m.   
          
         The chairman laid out SB 515 by Senator Madla, relating to the  
         establishment of an adult fatality review team and to the  
         reporting and investigation of certain adult deaths, and  
         recognized the author to explain the bill. 
          
         Senator Madla sent up a committee substitute for SB 515 and  
         explained the differences between it and the bill as filed. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 515 are shown on the attached list.  There being no other  
         witnesses registered or responding to the chairman's call for  
         public testimony on the committee substitute for SB 515, the the  
         chairman closed public testimony. 
          
         The chairman left the committee substitute for SB 515 pending  
         temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 664 by Senator Madla, relating to the  
         investigation of abuse, neglect, or exploitation of persons in  
         certain facilities, and recognized the author to explain the  
         bill.   
          
         Senator Madla sent up a committee substitute for SB 664 and  
  
         explained the differences between it and the bill as filed. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 664 are shown on the attached list.  There being no other  
         witnesses registered or responding to the chairman's  call for  
         public testimony on the committee substitute for SB 664, the  
         chairman closed public testimony. 
          
         The chairman left the committee substitute for SB 664 pending  
         temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 54 by Senator Zaffirini, relating to  
         reports by health and human services agencies on efforts to  
         deliver health and human services to young Texans, and  
         recognized Senator Madla, in absence of the author, to explain  
         the bill. 
          
         Senator Madla sent up committee amendment 1 and explained it.  
          
         Senator Madla sent up committee amendment 2 and explained it. 
          
         Witnesses testifying and registering on the SB 54, as amended,  
         are shown on the attached list.  There being no other witnesses  
         registered or responding to the chairman's call for testimony  
         relating to SB 54, as amended, the chairman closed public  
         testimony. 
          
         The chairman left SB 54, as amended,  pending temporarily, to  
         await the arrival of a quorum. 
          
         The chairman laid out SB 46 by Senator Zaffirini, relating to  
         minimum training regarding family violence for certain state  
         employees and other persons administering the financial  
         assistance program and to identification of and services for  
         certain victims of family violence, and recognized Senator  
         Madla, in absence of the author, to explain the bill. 
          
         Witnesses testifying and registering on SB 46 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 46, the chairman closed public testimony. 
          
         The chairman left SB 46 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out SB 55 by Senator Zaffirini, relating to a  
         statewide education program to prevent infant mortaility, and  
         recognized Senator Nelson, in absence of the author, to explain  
         the bill. 
          
         Witnesses testifying and registering on SB 55 are shown on the  
         attached list.  There being no other witnesses registered or  
         responding to the chairman's call for public testimony on SB 55,  
         the chairman closed public testimony. 
  
         The chairman left SB 55 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out SB 834 by Senator Moncrief, relating to  
         electronic access to health and human services information, and  
         recognized Senator Nelson, in absence of the author, to explain  
         the bill. 
          
         Witnesses testifying and registering on SB 834 are shown on the  
         attached list.  There being no other witnesses registered or  
         responding to the chairman's call for public testimony on SB  
         834, the chairman closed public testimony. 
          
         The chairman left SB 834 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out SB 832 by Senator Moncrief, relating to  
         requiring reports from the Health and Human Services Commission  
         for coordinating the delivery of early childhood services, and  
         recognized Senator Bernsen, in absence of the author, to explain  
         the bill. 
          
         Witnesses testifying and registering on SB 832 are shown on the  
         attached list.  There being no other witnesses registered or  
         responding to the chairman's call for public testimony on SB  
         832, the chairman closed public testimony. 
          
         The chairman left SB 832 pending temporarily, to await the  
         arrival of a quorum. 
          
         At 9:35 a.m. Senator Moncrief assumed presiding duties and a  
         quorum was established. 
          
         The chairman laid out SB 651 by Senator Carona, relating to  
         certain examinations administered by the Texas Board of  
         Chiropractic Examiners, and recognized the author to explain the  
         bill. 
          
         Senator Carona sent up a committee substitute for SB 651 and  
         explained the differences between it and the bill as filed. 
          
         Senator Carona moved the adoption of the committee substitute  
         for SB 651.  There being no objection, the motion prevailed by  
         unanimous consent.      
          
         Witnesses testifying and registering on the committee substitute  
         for SB 651 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  
         651, the chairman closed public testimony. 
          
         Senator Carona moved that SB 651 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 Carona moved that the committee substitute for SB 651 be  
         recommended for certification on the local and uncontested  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chairman laid out anew SB 54 by Senator Zaffirini, relating  
         to reports by health and human services agencies on the efforts  
         to deliver health and human services to young Texans, which had  
         been left pending to await the arrival of a quorum. 
          
         Senator Madla moved the adoption of committee amendment 1.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Madla moved the adoption of committee amendment 2.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Madla moved that committee amendments 1 and 2 be rolled  
         into a committee substitute for SB 54 and that the committee  
         substitute for SB 54 be adopted.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         Senator Shapleigh asked unanimous consent to be shown voting  
         "aye" on the committee substitute for SB 54.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Madla moved that SB 54 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 Madla moved that the committee substitute for SB 54 be  
         recommended for certification on the local and uncontested  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chairman laid out anew SB 55 by Senator Zaffirini, relating  
         to a statewide education program to prevent infant mortality,  
         which had been left pending to await the arrival of a quorum. 
          
         Senator Shapleigh asked unanimous consent to be shown voting  
         "aye" on SB 55.  There being no objection, the motion prevailed  
         by unanimous consent. 
          
         Senator Carona moved that SB 55 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 55 be recommended for certification  
  
         on the local and uncontested calendar.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         The chairman laid out anew SB 515 by Senator Madla, relating to  
         the establishment of an adult fatality review team and to  
         reporting and investigation of certain adult deaths, which had  
         been left pending to await the arrival of a quorum. 
          
         Senator Madla moved the adoption of the committee substitute for  
         SB 515.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Shapleigh asked unanimous consent to be shown voting  
         "aye" on the committee substitute for SB 515.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Madla moved that the SB 515 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 Madla moved that the committee substitute for SB 515 be  
         recommended for certification on the local and uncontested  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chairman laid out anew SB 664 by Senator Madla, relating to  
         the investigation of abuse, neglect, or exploitation of persons  
         in certain facilities, which had been left pending to await the  
         arrival of a quorum. 
          
         Senator Madla moved the adoption of the committee substitute for  
         SB 664.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Shapleigh asked unanimous consent to be shown voting  
         "aye" on the committee substitute for SB 664.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Madla moved that SB 664 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 8 ayes, 0 nays and 1 absent. 
          
         At 9:43 a.m. Senator Carona resumed presiding duties. 
          
         Senator Carona laid out anew SB 832 by Senator Moncrief,  
         relating to requiring reports from the Health and Human Services  
         Commission about the state Medicaid program, which had been left  
         pending to await the arrival of a quorum. 
          
         Senator Shapleigh asked unanimous consent to be shown voting  
         "aye" on SB 832.  There being no objection, the motion  
         prevailed by unanimous consent. 
  
         Senator Moncrief moved that SB 832 be reported to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion prevailed by a vote of 8 ayes, 0 nays and 1 absent. 
          
         Senator Moncrief moved that SB 832 be recommended for  
         certification on the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Moncrief announced that SB 834 by Moncrief, relating to  
         electronic access to health and human services information,  
         would be left pending, due to a fiscal note. 
          
         At 8:45 a.m. Senator Moncrief assumed presiding duties. 
          
         The chairman laid out SB 595 by Senator Harris, relating to  
         access to certain complaints filed with the Texas State Board of  
         Medical Examiners, and recognized the author to explain the  
         bill. 
          
         Senator Harris sent up a committee substitute for SB 595 and  
         explained the differences between it and the bill as filed. 
          
         Senator Harris moved the adoption of the committee substitute  
         for SB 595. There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 595 are shown on the attached list.   
          
         At the author's request, the committee substitute for SB 595 was  
         left pending. 
          
         At 10:26 a.m. Senator Gallegos assumed presiding duties. 
          
         The chairman laid out SB 665 by Senator Moncrief, relating to  
         the creation of an office within the Health and Human Services  
         Commission for coordinating the delivery of early childhood  
         services, and recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 665 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 665, the chairman closed public testimony. 
          
         Senators Moncrief, Carona and Harris asked unanimous consent to  
         be shown voting "aye" on SB 665. There being no objection, the  
         motion prevailed by unanimous consent.  
          
         Senator Bernsen moved that SB 665 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 Gallegos laid out the February 22 minutes and called for  
         revisions. There being none, Senator Madla moved their approval.   
  
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Gallegos announced that SB 46 by Senator Zaffirini,  
         relating to minimum training regarding family violence for  
         certain state employees and other persons administering the  
         financial assistance program and to identification of and  
         services for certain victims of family violence, would be left  
         pending, due to a fiscal note. 
          
         No action was taken on SB 22 by Shapiro, relating to the  
         admission of minors to facilities for and to the consent of  
         minors to the treatment and rehabilitation of chemical  
         dependency.  
          
         There being no other business to come before the committee and  
         upon a motion by Senator Madla, Senator Gallegos recessed the  
         committee by unanimous consent at 10:42 a.m., subject to the  
         call of the chairman. 
          
         March 1, 2001, Joint Committee Hearing - Senate Committee on  
         Business and Commerce and the Senate Committee on Health and  
         Human Services: 
          
         Senator Fraser, serving as the presiding officer, called the  
         Senate Committee on Business and Commerce to order at 1:25 p.m. 
          
         The chairman, Senator Moncrief, called that Senate Committee on  
         Health and Human Services to order at 1: 25 p.m. 
          
         Senators Fraser and Moncrief made opening remarks and shared  
         presiding duties.  They announced that the purpose of the joint  
         committee hearing was to hear discussion and testimony on SB 11  
         by Senator Nelson, relating to protecting the privacy of medical  
         records; providing penalties.   
          
         Senator Fraser laid out SB 11 by Senator Nelson and recognized  
         the author to explain the bill. 
          
         Senator Van de Putte sent up a committee substitute for SB 11  
         and Senator Nelson explained the difference between it and the  
         bill as filed. 
          
         Please check the March 1, 2001, witness list of the Senate  
         Committee on Business and Commerce to review witnesses who  
         testified and registered on SB 11. 
          
         At the author's request, SB 11 was left pending. 
          
         There being no other business to come before the Senate  
         Committee on Business and Commerce, Senator Van de Putte  
         recessed the committee by unanimous consent at 6:17 p.m.,  
         subject to the call of the chairman. 
          
         There being no other business to come before the Senate  
  
         Committee on Health and Human Services, the chairman recessed  
         the committee by unanimous consent at 6:17 p.m., subject to the  
         call of the chairman. 
          
         ______________________________________ 
         Mike Moncrief, chairman 
          
         ______________________________________ 
         Scott Caffey, committee clerk