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