MINUTES 
                                           
                   SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES 
                               Monday, April 2, 2001 
                                       8 a.m. 
                           Capitol Extension, Room E1.028 
                                           
                                       ***** 
          
         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 Monday, April 2, 2001, in the Capitol  
         Extension, Room E1.028, 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 chair called the meeting to order at 8:01 a.m. The following  
         business was transacted. 
          
         The chairman laid out SB 361 by Senator Lucio, relating to the  
         membership and activities of the Interagency Council on Autism  
         and Pervasive Developmental Disorders, and recognized the author  
         to explain the bill. 
          
         Senator Carona sent up a committee substitute for SB 361 and  
         Senator Lucio explained the differences between it and the bill  
         as filed. 
          
         Senator Carona moved the adoption of the committee substitute  
         for SB 361.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 361 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  
         361, the chairman closed public testimony. 
          
         The chairman left the committee substitute for SB 361 pending  
         temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 1767 by Senator Carona, relating to the  
  
         issuance of a protective custody order by a magistrate, and  
         recognized the author to explain the bill. 
          
         At 8:15 a.m. a quorum was established. 
          
         Witnesses testifying and registering on SB 1767 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 1767, the chairman closed public testimony.  
          
         At the author's request, SB 1767 was left pending. 
          
         The chairman laid out anew, SB 361 by Senator Lucio, relating to  
         the membership and activities of the Interagency Council on  
         Autism and Pervasive Developmental Disorders, which had been  
         left pending to await the arrival of a quorum. 
          
         Senators Gallegos and Nelson asked unanimous consent to be shown  
         voting "aye" on the committee substitute for SB 361.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 361 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, 0 nays and 0 absent. 
          
         Senator Carona moved that the committee substitute for SB 361 be  
         recommended for certification on the local and uncontested  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chairman laid out SB 908 by Senator Shapleigh, relating to  
         the establishment of a program of all-inclusive care for the  
         elderly (PACE), and recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 908 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 908, the chairman closed public testimony. 
          
         At the author's request, SB 908 was left pending. 
          
         The chairman laid out SB 1051 by Senator Shapleigh, relating to  
         the training and regulation of promotoras, and recognized the  
         author to explain the bill. 
          
         Senator Shapleigh sent up a committee substitute for SB 1051 and  
         explained the differences between it and the bill as filed. 
          
         Senator Shapleigh moved the adoption of the committee substitute  
         for SB 1051.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1051 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  
         1051, the chairman closed public testimony. 
          
         Senators Bernsen, and Gallegos asked unanimous consent to be  
         shown voting "aye" on the committee substitute for SB 1051.   
         There being no objection, the motion prevailed by unanimous  
         consent.  
          
         Senator Shapleigh moved that SB 1051 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  
         1051 be recommended for certification on the local and  
         uncontested calendar.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         At 8:43 a.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out SB 833 by Senator Moncrief, relating to  
         child-care services and to an exemption from the sales and use  
         tax for certain equipment purchased or used to provide  
         child-care services, and recognized the author to explain the  
         bill. 
          
         Senator Moncrief sent up a committee substitute for SB 833 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 833.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 833 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  
         833, the chairman closed public testimony. 
          
         Senators Bernsen and Gallegos asked unanimous consent to be  
         shown voting "aye" on the committee substitute for SB 833.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Moncrief moved that SB 833 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. 
          
         Senator Moncrief moved that the committee substitute for SB 833  
         be recommended for certification on the local and uncontested  
  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chairman laid out SB 1238 by Senator Moncrief, relating to  
         creation of a child-care registry for certain child-care  
         providers, and recognized the author to explain the bill.             
          
         Senator Moncrief sent up a committee substitute for SB 1238 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1238.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1238 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  
         1238, the chairman closed public testimony. 
          
         Senators Bernsen, Gallegos, Harris and Madla asked unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 1238.  There being no objection, the motion prevailed by  
         unanimous consent. 
           
         Senator Nelson asked unanimous consent to be shown voting "nay"  
         on the committee substitute for SB 1238.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 1238 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, 1 nay and 1  
         absent. 
          
         At 9:12 a.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out SB 160 by Senator Zaffirini, relating to  
         incentive program and employment services to benefit certain  
         recipients of financial assistance, and recognized Senator  
         Carona, in absence of the author, to explain the bill. 
          
         Witnesses testifying and registering on SB 160 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 160, the chairman closed public testimony. 
          
         At the chairman's request, SB 160 was left pending. 
          
         The chairman laid out SB 875 by Senator West, relating to  
         participation of fathers in program and services administered by  
         the Health and Human Services Commission and health and human  
         services agencies and functions performed by the office of the  
         attorney general, and recognized the author to explain the bill. 
  
         Witnesses testifying and registering on SB 875 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 875, the chairman closed public testimony. 
          
         The chairman left SB 875 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out SB 1212 by Senator Zaffirini, relating to  
         the examination for licensure as a chemical dependency  
         counselor, and recognized Senator Carona, in absence of the  
         author, to explain the bill. 
          
         Witnesses testifying and registering on SB 1212 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 1212, the chairman closed public testimony. 
          
         The chairman left SB 1212 pending temporarily, to await the  
         arrival of a quorum. 
          
         At 9:22 a.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out SB 1300 by Senator Cain, relating to the  
         practice of medicine without an annual registration receipt, and  
         recognized Senator Moncrief, in absence of the author, to  
         explain the bill.   
          
         Witnesses testifying and registering on SB 1300 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 1300, the chairman closed public testimony. 
          
         The chairman left, SB 1300 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out SB 1411 by Senator Moncrief, relating to  
         dental services provided under the medical assistance program,  
         and recognized the author to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 1411 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1411.  There being no other objection, the motion  
         prevailed by unanimous consent. 
          
         Testimony on the committee substitute for SB 1411 began. 
          
         Upon unanimous consent, the chairman recessed the committee at  
         9:53 a.m., until 30 minutes after the adjournment of the Texas  
         Senate. 
          
         The chairman reconvened the Senate Committee on Health and Human  
  
         Services at 2:47 p.m. 
          
         At 2:47 p.m. Senator Gallegos assumed presiding duties. 
          
         Testimony on the committee substitute for SB 1411 resumed. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1411 are shown on the attached list.  Testimony on the  
         committee substitute for SB 1411 was left open.   
          
         At the author's request, the committee substitute for SB 1411  
         was left pending. 
          
         The chairman laid out SB 514 by Senator Truan, relating to  
         expanding grant programs formerly limited to physicians to  
         include other health care professionals, and recognized Senator  
         Moncrief, in absence of the author, to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 514 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 514.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 514 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  
         514, the chairman closed public testimony. 
          
         The chairman left the committee substitute for SB 514 pending  
         temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 1586 by Senator Moncrief, relating to  
         fees for copies of birth and death certificates, and recognized  
         the author to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 1586 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1586. There being no objection, the motion prevailed by  
         unanimous consent. 
          
         At 2:58 p.m. Senator Harris assumed presiding duties. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1586 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  
         1586, the chairman closed public testimony. 
          
         The chairman left the committee substitute for SB 1586 pending  
         temporarily, to await the arrival of a quorum. 
  
         At 3:08 p.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out SB 1475 by Senator Duncan, relating to the  
         abolition of the Children's Trust Fund of Texas Council and to  
         the transfer of its power and duties to the Department of  
         Protective and Regulatory Services, and recognized the author to  
         explain the bill. 
         Senator Harris sent up a committee substitute for SB 1475 and  
         Senator Duncan explained the differences between it and the bill  
         as filed. 
          
         Senator Harris moved the adoption of the committee substitute  
         for SB 1475.  There being no objection, the motion prevailed by  
         unanimous consent.   
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1475 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  
         1475, the chairman closed public testimony. 
          
         Senators Bernsen, Gallegos, Madla and Nelson asked unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 1475.  There being no objection, the motion prevailed by  
         unanimous consent.  
          
         Senator Harris moved that SB 1475 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. 
          
         Senator Harris moved that the committee substitute for SB 1475  
         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 514 by Senator Truan, relating to  
         expanding grant programs formerly limited to physicians to  
         include other health care professionals, which was left pending  
         to await the arrival of a quorum.      
          
         Senators Bernsen, Gallegos, Madla and Nelson asked unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 514.  There being no objection, the motion prevailed by  
         unanimous consent.  
          
         Senator Carona moved that SB 514 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. 
          
         Senator Carona moved that the committee substitute for SB 514 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 1300 by Senator Cain, relating to  
         the practice of medicine without an annual registration  
         recipient, which had been left pending to await the arrival of a  
         quorum. 
          
         Senators Bernsen, Gallegos, Madla and Nelson asked unanimous  
         consent to be shown voting "aye" on SB 1300.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Shapleigh moved that SB 1300 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 Shapleigh moved that SB 1300 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 875 by Senator West, relating to  
         participation of fathers in program and services administered by  
         the Health and Human Services Commission and health and human  
         services agencies and functions performed by the office of the  
         attorney general, which had been left pending to await the  
         arrival of a quorum. 
          
         Senators Bernsen, Gallegos and Madla asked unanimous consent to  
         be shown voting "aye" on SB 875.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 875 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. 
          
         The chairman laid out anew, SB 1212 by Senator Zaffirini,  
         relating to the examination for licensure as a chemical  
         dependency counselor, which had been left pending to await the  
         arrival of a quorum. 
          
         Senators Bernsen, and Gallegos asked unanimous consent to be  
         shown voting "aye" on SB 1212.  There being no objection, the  
         motion prevailed by unanimous consent.   
          
         Senator Carona moved that SB 1212 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 6 ayes, 0 nays and 3 absent. 
          
         Senator Carona moved that SB 1212 be recommended for  
         certification on the local and uncontested calendar. There being  
         no objection, the motion prevailed by unanimous consent. 
          
         The chairman laid out SB 1006 by Senator Van de Putte, relating  
         to testing for accidental exposure to hepatitis B or hepatitis  
         C, and recognized the author to explain the bill. 
          
         Senator Harris sent up a committee substitute for SB 1006 and  
         Senator Van de Putte explained the differences between it and  
         the bill as filed. 
          
         Senator Harris moved the adoption of the committee substitute  
         for SB 1006.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1006 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  
         1006, the chairman closed public testimony.       
          
         Senators Bernsen, Gallegos, Madla and Nelson asked unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 1006.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Harris moved that SB 1006 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. 
          
         Senator Harris moved that the committee substitute for SB 1006  
         be recommended for certification on the local and uncontested  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chairman laid out SB 1084 by Senator Harris, relating to  
         requiring hepatitis A vaccines for food service employees, and  
         recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 1084 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 1084, the chairman closed public testimony.  
          
         At 4:02 p.m. Senator Carona assumed presiding duties. 
         At the author's request, SB 1084 was left pending. 
          
         The chairman laid out SB 772 by Senator Harris, relating to  
         requiring the Texas Department of Human Services to establish  
         criteria for designating nursing facility operators with  
         excellent operating records as eligible to acquire a license to  
         operate another existing nursing facility on an expedited basis,  
         and recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 772 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 772, the chairman closed public testimony. 
          
         At the author's request, SB 772 was left pending. 
          
         The chairman laid out anew, the SB 1586 by Senator Moncrief,  
         relating to fees for copies of birth and death certificates,  
         which had been left pending to await the arrival of a quorum. 
          
         Senators Moncrief, Bernsen and Gallegos asked unanimous consent  
         to be shown voting "aye" on the committee substitute for SB  
         1586.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Shapleigh moved that SB 1586 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 5 ayes, 0  nays, and  
         4 absent. 
          
         Senator Shapleigh moved that the committee substitute for SB  
         1586 be recommended for certification on the local and  
         uncontested calendar. There being no objection, the motion  
         prevailed by unanimous consent.    
          
         At 4:12 p.m. Senator Shapleigh assumed presiding duties. 
          
         The chairman laid out anew, SB 1767 by Senator Carona, relating  
         to the issuance of a protective custody order by a magistrate,  
         which had been left pending. 
          
         Senator Carona sent up a committee substitute for SB 1767 and  
         explained the differences between it and the bill as filed. 
          
         Senator Carona moved the adoption of the committee substitute  
         for SB 1767.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senators Moncrief, Bernsen, Gallegos and Madla asked unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 1767.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Carona moved that SB 1767 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 6 ayes, 0 nays and 3 absent. 
          
         Senator Carona moved that the committee substitute for SB 1767  
         be recommended for certification on the local and uncontested  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         At 4:14 p.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out anew, SB 908 by Senator Shapleigh,  
         relating to the establishment of a program of all-inclusive care  
         for the elderly (PACE), which had been left pending.  
          
         Senators Moncrief, Bernsen, Gallegos, and Madla asked unanimous  
  
         consent to be shown voting "aye" on SB 908.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Shapleigh moved that SB 908 be reported to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion prevailed by a vote of 6 ayes, 0 nays, and 3 absent. 
          
         The chairman laid out the March 26, 2001, minutes and called for  
         revisions.  There being none, Senator Shapleigh moved their  
         approval.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         There being no other business to come before the committee,  
         Senator Carona recessed the committee by unanimous consent at  
         4:18 p.m., subject to the call of the chairman. 
          
         ____________________________________ 
         Mike Moncrief, chairman 
          
         _____________________________________   
         Scott Caffey, committee clerk