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