MINUTES 
                                           
                   SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES 
                              Thursday, April 5, 2001 
                           8:30 a.m. or upon adjournment 
                                   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, April 5, 2001, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Mike Moncrief, Chairman         Senator Frank Madla 
         Senator John Carona, Vice Chairman 
         Senator David Bernsen 
         Senator Mario Gallegos, Jr. 
         Senator Chris Harris 
         Senator Jane Nelson 
         Senator Eliot Shapleigh 
         Senator David Sibley 
                                           
                                       ***** 
                                           
         The chairman called the meeting to order at 8:35 a.m.  The  
         following business was transacted. 
          
         The chairman laid out SB 8 by Senator Cain, relating to  
         discrimination in health care rates and reimbursement; providing  
         an administrative penalty, and recognized the author to explain  
         the bill. 
          
         Senator Carona sent up a committee substitute for SB 8 and  
         Senator Cain explained the differences between it and the bill  
         as filed. 
          
         Senator Carona moved the adoption of the committee substitute  
         for SB 8.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 8 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 8,  
         the chairman closed public testimony. 
          
         At the chairman's request, the committee substitute for SB 8 was  
         left pending temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 368 by Senator Zaffirini, relating to  
  
         permanency planning procedures for children in state  
         institutions, and recognized the author to explain the bill. 
          
         Senator Nelson sent up a committee substitute for SB 368 and  
         Senator Zaffirini explained the differences between it and the  
         bill as filed. 
          
         Senator Nelson moved the adoption of the committee substitute  
         for SB 368.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 368 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  
         368, the chairman closed public testimony. 
          
         At the chairman's request, the committee substitute for SB 368  
         was left pending temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 1683 by Senator Jackson, relating to  
         the management of money earned by certain children while  
         receiving services from the Department of Protective and  
         Regulatory Services, and recognized the author to explain the  
         bill. 
          
         Senator Nelson sent up a committee substitute for SB 1683 and  
         Senator Jackson explained the differences between it and the  
         bill as filed. 
          
         Senator Nelson moved the adoption of the committee substitute  
         for SB 1683.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1683 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  
         1683, the chairman closed public testimony. 
          
         At the chairman's request, the committee substitute for SB 1683  
         was left pending temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 791 by Senator Nelson, relating to the  
         imposition of administrative, civil, and criminal penalties and  
         the authorization of emergency license suspension for certain  
         licensing programs regulated by the Texas Department of Health,  
         and recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 791 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 791, the chairman closed public testimony. 
          
         At the chairman's request, SB 791 was left pending temporarily,  
         to await the arrival of a quorum. 
          
         Upon unanimous consent, the chairman recessed the committee at  
         9:46 a.m., until 30 minutes after the adjournment of the Texas  
         Senate. 
          
         The chairman reconvened the Senate Committee on Health and Human  
         Services at 12 p.m. 
          
         The chairman laid out SB 1394 by Senator Fraser, relating to the  
         operation of a statewide rural health plan, and recognized the  
         author to explain the bill. 
          
         Senator Nelson sent up a committee substitute for SB 1394 and  
         Senator Fraser explained the differences between it and the bill  
         as filed. 
          
         Senator Nelson moved the adoption of the committee substitute  
         for SB 1394.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1394 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  
         1394, the chairman closed public testimony. 
          
         At the chairman's request, the committee substitute for SB 1394  
         was left pending temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 367 by Senator Zaffirini, relating to  
         ensuring an appropriate care setting for a person with a  
         disability, and recognized the author to explain the bill. 
          
         Senator Nelson sent up a committee substitute for SB 367 and  
         Senator Zaffirini explained the differences between it and the  
         bill as filed. 
          
         Senator Nelson moved the adoption of the committee substitute  
         for SB 367.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Testimony on the committee substitute for SB 367 was left  
         pending temporarily. 
          
         The chairman laid out SB 280 by Senator Nelson, relating to  
         requiring the Texas Department of Health to prepare a request  
         for information for storing and distributing vaccines, and  
         recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 280 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 280, the chairman closed public testimony. 
  
         At the chairman's request, SB 280 was left pending temporarily,  
         to await the arrival of a quorum. 
          
         The chairman laid out SB 281 by Senator Nelson, relating to  
         requiring the Texas Department of Health to allow health care  
         providers to use certain vaccines in the vaccines for children  
         program, and recognized the author to explain the bill. 
          
         Senator Carona sent up a committee substitute for SB 281 and  
         Senator Nelson explained the differences between it and the bill  
         as filed. 
          
         Senator Carona moved the adoption of the committee substitute  
         for SB 281.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 281 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  
         281, the chairman closed public testimony.       
              
         At the chairman's request, the committee substitute for SB 281  
         was left pending temporarily, to await the arrival of a quorum. 
          
         The chairman laid out SB 282 by Senator Nelson, relating to  
         requiring the Texas Department of Health to promote the vaccines  
         for children program to certain health care providers not  
         currently enrolled in the program, and recognized the author to  
         explain the bill. 
          
         Witnesses testifying and registering on SB 282 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 282, the chairman closed public testimony.  
          
         The chairman left SB 282 pending temporarily, to await the  
         arrival of a quorum. 
          
         At 12:28 p.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out SB 1469 by Senator Moncrief, relating to  
         creating a pilot treatment program for certain adults on  
         community supervision, and recognized the author to explain the  
         bill. 
          
         Senator Moncrief sent up a committee substitute for SB 1469 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1469.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1469 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  
         1469, the chairman closed public testimony. 
          
         At the author's request, the committee substitute for SB 1469  
         was left pending. 
          
         The chairman laid out SB 1470 by Senator Moncrief, relating to  
         creating a pilot treatment program for certain juveniles on  
         probation, and recognized the author to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 1470 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1470.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1470 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  
         1470, the chairman closed public testimony. 
          
         At the author's request, the committee substitute for SB 1470  
         was left pending. 
          
         The chairman laid out SB 876, relating to the use of restraint,  
         seclusion, and emergency psychoactive medication in certain  
         health care facilities, and recognized the author to explain the  
         bill. 
          
         Senator Moncrief sent up a committee substitute for SB 876 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 876.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Testimony on the committee substitute for SB 876 began.   
         Testimony on the committee substitute for SB 876 was suspended  
         temporarily. 
          
         At 1:09 p.m. Senator Moncrief resumed presiding duties and a  
         quorum was established. 
          
         As a matter of pending business, the chairman laid SB 43 by  
         Senator Zaffirini, relating to simplifying the certification  
         process for medical assistance provided to children, and  
         recognized the author.      
          
         Senator Bernsen sent up a committee substitute for SB 43 and  
         Senator Zaffirini explained the differences between it and the  
  
         bill as filed.  
          
         Senator Bernsen moved the adoption of the committee substitute  
         for SB 43.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         There being no other witnesses registered or responding to the  
         chairman's call for public testimony relating to the committee  
         substitute for SB 43, the chairman closed public testimony. 
          
         Senators Gallegos and Harris asked unanimous consent to be shown  
         voting "aye" on the committee substitute for SB 43.  There being  
         no objection, the motion prevailed by unanimous consent. 
           
         Senator Bernsen moved that SB 43 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. 
          
         As a matter of pending business, the chairman laid out SB 34 by  
         Senator Zaffirini, relating to providing dental services to  
         certain recipients of medical assistance. 
          
         There being no other witnesses registered or responding to the  
         chairman's call for public testimony relating to the committee  
         substitute for SB 34, the chairman closed public testimony. 
          
         Senators Gallegos and Harris asked unanimous consent to be shown  
         voting "aye" on the committee substitute for SB 34.  There being  
         no objection, the motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 34 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. 
          
         As a matter of pending business, the chairman laid SB 40 by  
         Senator Nelson, relating to tuition assistance for licensed  
         vocational nursing students who agree to practice in long-term  
         facilities. 
          
         Senator Harris asked unanimous consent to be shown voting "aye"  
         on SB 40.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Nelson moved that SB 40 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. 
          
         As a matter of pending business, the chairman laid out SB 42 by  
         Senator Zaffirini, relating to identifying and addressing the  
         needs of certain recipients of financial assistance and  
         dependent children of recipients of financial assistance. 
          
         Senator Harris asked unanimous consent to be shown voting "nay"  
         on the committee substitute for SB 42.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Gallegos moved that SB 42 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, 1 nay and 2 absent. 
          
         As a matter of pending business, the chairman laid out SB 49 by  
         Senator Zaffirini, relating to applying penalties to recipients  
         of financial and nutritional assistance for certain drug- and  
         alcohol- related convictions.   
          
         Senator Harris asked unanimous consent to be shown voting "nay"  
         on the committee substitute for SB 49.  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 49. There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 49 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, 1 nay, 2 absent and 1  
         present not voting.  Senator Nelson asked unanimous consent to  
         change her vote from "present not voting" to "aye" on the  
         committee substitute for SB 49.  There being no objection, the  
         motion prevailed by unanimous consent.  The motion on the  
         committee substitute for SB 49 prevailed by a new vote of 6  
         ayes, 1 nay and 2 absent. 
          
         As a matter of pending business, the chairman laid out SB 51 by  
         Senator Zaffirini, relating to the provision of Medicaid to  
         certain persons making the transition from foster care to  
         independent living, and recognized the author to explain the  
         bill. 
          
         There being no other witnesses registered or responding to the  
         chairman's call for public testimony relating to the committee  
         substitute for SB 51, the chairman closed public testimony. 
          
         Senators Gallegos and Shapleigh asked unanimous consent to be  
         shown voting "aye" on the committee substitute for SB 51.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Harris asked unanimous consent to be shown voting "nay"  
         on the committee substitute for SB 51.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 51 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, 1 nay and 3 absent. 
          
         As a matter of pending business, the chairman laid out SB 297 by  
         Senator West, relating to providing supplemental financial  
         assistance to certain grandparents. 
          
         Senators Gallegos, Harris and Shapleigh asked unanimous consent  
         to be shown voting "aye" on the committee substitute for SB 297.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Bernsen moved that SB 297 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. 
          
         As a matter of pending business, the chairman laid out SB 532 by  
         Senator Nelson, relating to medical assistance for certain  
         persons in need of treatment for breast or cervical cancer. 
          
         Senators Gallegos, Harris and Shapleigh asked unanimous consent  
         to be shown voting "aye" on the SB 532.  There being no  
         objection, the motion prevailed by unanimous consent.  
          
         Senator Nelson moved that SB 532 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. 
          
         As a matter of pending business, 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. 
          
         Senators Gallegos, Harris and Shapleigh asked unanimous consent  
         to be shown voting "aye" on SB 772.  There being no objection,  
         the motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 772 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. 
          
         At 1:44 p.m. Senator Carona assumed presiding duties. 
          
         As a matter of pending business, the chairman laid out SB 572 by  
         Senator Moncrief, relating to the reduction of the shortage of  
         registered nurses by establishing a program to increase  
         enrollments in nursing education programs, increasing nursing  
         faculty, and  creating a nursing workforce data center. 
          
         Senators Gallegos, Harris and Shapleigh asked unanimous consent  
         to be shown voting "aye" on the committee substitute for SB 572.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
  
         Senator Bernsen moved that SB 572 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. 
          
         As a matter of pending business, the chairman laid out SB 789 by  
         Senator Moncreif, relating to the regulation and reimbursement  
         of telemedicine medical services, and recognized the author. 
          
         Senator Moncrief sent up committee amendment 1 and explained it.   
         Senator Moncrief moved the adoption of committee amendment 1.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Monrief moved that the adopted amendment be rolled into  
         a new committee substitute for SB 789 and that the new committee  
         substitute for SB 789 be adopted.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         Senators Gallegos and Harris asked unanimous consent to be shown  
         voting "aye" on the committee substitute for SB 789.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 789 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. 
          
         As a matter of pending business, the chairman laid out SB 894 by  
         Senator Moncrief, relating to bulk purchasing of prescription  
         drugs by certain state agencies. 
          
         Senators Gallegos, Harris and Shapleigh asked unanimous consent  
         to be shown voting "aye" on SB 894.  There being no objection,  
         the motion prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 894 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. 
          
         As a matter of pending business, the chairman laid out SB 1245  
         by Senator Moncrief, relating to providing for the registry of  
         acts of misconduct by certain employees of certain health care  
         agencies and facilities, and recognized the author. 
          
         Senator Moncrief sent up a committee substitute for SB 1245 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1245.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         There being no other witnesses registered or responding to the  
         chairman's call for public testimony relating to the committee  
         substitute for SB 1245, the chairman closed public testimony. 
          
         Senators Gallegos and Harris asked unanimous consent to be shown  
         voting "aye" on the committee substitute for SB 1245.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 1245 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. 
          
         At 1:51 p.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out anew SB 368 by Senator Zaffirini, relating  
         to permanency planning procedures for children in state  
         institutions, which had been left pending to await the arrival  
         of a quorum. 
          
         Senators Gallegos, Harris and Nelson asked unanimous consent to  
         be shown voting "aye" on the committee substitute for SB 368.   
         There being no objection, the motion prevailed by unanimous  
         consent.  
          
         Senator Carona moved that SB 368 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 368 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 1106 by Senator Bernsen, relating to  
         the application of the Medical Liability and Insurance  
         Improvement Act of Texas to optometrists and therapeutic  
         optometrists, and recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 1106 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 1106, the chairman closed public testimony. 
          
         Senators Gallegos, Harris and Nelson asked unanimous consent to  
         be shown voting "aye" on SB 1106.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         Senator Bernsen moved that SB 1106 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 Bernsen moved that SB 1106 be recommended for  
         certification on the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         At 1:55 p.m. Senator Carona assumed presiding duties. 
          
         Testimony on the committee substitute for SB 876 resumed.   
         Witnesses testifying and registering on the committee substitute  
         for SB 876 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  
         876, the chairman closed public testimony. 
          
         Senators Bernsen, Gallegos, Nelson and Shapleigh asked unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 876.  There being no objection, the motion prevailed by  
         unanimous consent.  
          
         Senator Harris asked unanimous consent to be shown voting "nay"  
         on the committee substitute for SB 876.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 876 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, 1 nay and 2  
         absent. 
          
         At 2:21 p.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out anew SB 8 by Senator Cain, relating to  
         discrimination in health care rates and reimbursement; providing  
         an administrative penalty, which had been left pending to await  
         the arrival of a quorum. 
          
         Senators Bernsen, Gallegos, Harris, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on the committee  
         substitute for SB 8.  There being no objection, the motion  
         prevailed unanimous consent. 
          
         Senator Carona moved that SB 8 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. 
          
         The chairman laid out anew SB 280 by Senator Nelson, relating to  
         requiring the Texas Department of Health to prepare a request  
         for information for storing and distributing vaccines, which was  
         left pending to await the arrival of a quorum. 
          
         Senators Bernsen, Gallegos, Harris, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on SB 280.  There  
         being no objection, the motion prevailed by unanimous consent. 
  
         Senator Carona moved that SB 280 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 280 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 281 by Senator Nelson, relating to  
         requiring the Texas Department of Health to allow health care  
         providers to use certain vaccines in the vaccines for children  
         program, which had been left pending to await the arrival of a  
         quorum. 
          
         Senators Bernsen, Gallegos, Harris, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on the committee  
         substitute for SB 281.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that SB 281 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 281 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 282 by Senator Nelson, relating to  
         requiring the Texas Department of Health to promote the vaccines  
         for children program to certain health care providers not  
         currently enrolled in the program, which had been left pending  
         to await the arrival of a quorum.  
          
         Senators Bernsen, Gallegos, Harris, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on SB 282.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 282 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 282 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 791 by Senator Nelson, relating to  
         the imposition of administrative, civil, and criminal penalties  
         and the authorization of emergency license suspension for  
         certain licensing programs regulated by the Texas Department of  
         Health, which had been left pending to await the arrival of a  
         quorum. 
  
         Senators Bernsen, Gallegos, Harris, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on SB 791.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 791 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 791 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 1394 by Senator Fraser, relating  
         to the operation of a statewide rural health care system, which  
         had been left pending to await the arrival of a quorum. 
          
         Senators Bernsen, Gallegos, Harris, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on the committee  
         substitute for SB 1394.  There being no objection, the motion  
         prevailed by unanimous consent.  
          
         Senator Carona moved that SB 1394 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 1394  
         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 1683 by Senator Jackson, relating  
         to the management of money earned by certain children while  
         receiving services from the Department of Protective and  
         Regulatory Services, which had been left pending to await the  
         arrival of a quorum. 
          
         Senators Bernsen, Gallegos, Harris, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on the committee  
         substitute for SB 1683.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that SB 1683 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 1683  
         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 1152 by Senator Van de Putte, relating  
  
         to establishing the Tex Rx Plan, and recognized the author to  
         explain the bill. 
          
         Senator Carona sent up a committee substitute for SB 1152 and  
         Senator Van de Putte explained the differences between it and  
         the bill as filed. 
          
         Senator Carona moved the adoption of the committee substitute  
         for SB 1152.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1152 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  
         1152, the chairman closed public testimony. 
          
         At the chairman's request, the committee substitute for SB 1152  
         was left pending. 
          
         The chairman laid out the March 29, 2001, minutes and called for  
         revisions.  There being none, Senator Carona moved their  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         At 2:34 p.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out anew, SB 367 by Senator Zaffirini,  
         relating to ensuring an appropriate care setting for a person  
         with a disability, in which testimony had been left pending. 
          
         At 2:50 p.m. Senator Moncrief resumed presiding duties. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 367 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  
         367, the chairman closed public testimony. 
          
         At the chairman's request, the committee substitute for SB 367  
         was left pending.  
          
         No action was taken on the following bills: 
          
         HB 102 by Representative Maxey, relating to abolishing the  
         electronic imaging program of the Texas Department of Human  
         Services; and,  
         SB 1056 by Senator Shapleigh, relating to capitation and  
         reimbursement rates under the state child health plan in the  
         Texas-Mexico border region. 
          
         There being no other business to come before the committee, the  
         chairman recessed the committee by unanimous consent at 3:16  
         p.m., subject to the call of the chairman. 
  
         ________________________________________ 
         Mike Moncrief, chairman 
          
         ________________________________________ 
         Scott Caffey, committee clerk