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