MINUTES SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES Monday, April 23, 2001 8 a.m. Capitol Extension, Room E1.028 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, and a motion made by Senator Moncrief to suspend the Senate posting rule on SB 1029 by Senator Lindsay, a public hearing of the Senate Committee on Health and Human Services was held on Monday, April 23, 2001, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Mike Moncrief, Chairman 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 chairman called the meeting to order at 8:06 a.m. The following business was transacted. At 8:06 a.m. Senator Shapleigh assumed presiding duties. The chairman laid out HB 957 by Representative Burnam, relating to fees for food service establishment permits, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on HB 957 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 957, the chairman closed public testimony. The chairman left HB 957 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 966 by Representative Naishtat, relating to requiring the Health and Human Services Commission to study ways to allow appropriated money to follow an individual who is leaving institutional care and will need community-based services, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Senator Moncrief sent up committee amendment 1 and explained it. Witnesses testifying and registering on HB 966 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 966, the chairman closed public testimony. The chairman left HB 966 pending temporarily, to await the arrival of a quorum. The chairman laid out SB 1002 by Senator Zaffirini, relating to the transfer of certain state property from the Texas Department of Mental Health and Mental Retardation to the Border Region MHMR Community Center, and recognized Senator Moncrief, in absence of the author, to explain the bill. Senator Moncrief sent up a committee substitute for SB 1002 and explained the differences between it and the bill as filed. Witnesses testifying and registering on the committee substitute for SB 1002 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 1002, the chairman closed public testimony. The chairman left the committee substitute for SB 1002 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 477 by Representative Naishtat, relating to the establishment of an interagency plan for coordinating case management services for certain recipients of financial assistance, and recognized Senator Moncrief, in absence of the author, to explain the bill. Witnesses testifying and registering on HB 477 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 477, the chairman closed public testimony. The chairman left HB 477 pending temporarily, to await the arrival of a quorum. At 8:21 a.m. Senator Moncrief resumed presiding duties. The chairman laid out HB 757 by Representative Coleman, relating to the establishment of a task force to eliminate health and health access disparities in Texas, and recognized the Senator sponsor, Senator Bernsen, to explain the bill. Witnesses testifying and registering on HB 757 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 757, the chairman closed public testimony. The chairman left HB 757 pending temporarily, to await the arrival of a quorum. At 8:23 a.m. Senator Shapleigh assumed presiding duties. The chairman laid out HB 1178 by Representative Wohlgemuth, relating to the regulation of child-care facilities and agencies, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Senator Moncrief sent up committee amendment 1 and explained it. Witnesses testifying and registering on HB 1178 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 1178, the chairman closed public testimony. The chairman left HB 1178 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 1179 by Representative Wohlgemuth, relating to protective services for the elderly and disabled persons, and recognized Senator Moncrief, in absence of the author, to explain the bill. Witnesses testifying and registering on HB 1179 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 1179, the chairman closed public testimony. The chairman left HB 1179 pending temporarily, to await the arrival of a quorum. The chairman laid out SB 101 by Senator Nelson, relating to an evaluation of required copayments from recipients of medical assistance through managed care, and recognized Senator Moncrief, in absence of the author, to explain the bill. At 8:40 a.m. a quorum was established. Witnesses testifying and registering on SB 101 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 101, the chairman closed public testimony. The chairman left SB 101 pending temporarily. At 8:46 a.m. Senator Moncrief resumed presiding duties. The chairman laid out anew HB 757 by Representative Coleman, relating to the establishment of a task force to eliminate health and health access disparities in Texas, which had been left pending to await the arrival of a quorum. Senator Shapleigh sent up committee amendment 1 and explained it. Senator Shapleigh moved the adoption of committee amendment 1. There being no objection, the motion prevailed by unanimous consent. Senator Shapleigh moved that committee amendment 1 be rolled into a committee substitute for HB 757 and that the committee substitute for HB 757 be adopted. There being no objection, the motion prevailed by unanimous consent. Senator Madla asked unanimous consent to be shown voting "aye" on the committee substitute for HB 757. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen moved that HB 757 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 Bernsen moved that the committee substitute for HB 757 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 101 by Senator Nelson, relating to an evaluation of required copayments from recipients of medical assistance through managed care, which had been left pending to await the arrival of a quorum. Senator Madla asked unanimous consent to be shown voting "aye" on SB 101. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 101 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays and 4 absent. The chairman laid out anew SB 1002 by Senator Zaffirini, relating to the transfer of certain state property from the Texas Department of Mental Health and Mental Retardation to the Border Region MHMR Community Center, which had been left pending to await the arrival of a quorum. Senator Shapleigh moved the adoption of the committee substitute for SB 1002. There being no objection, the motion prevailed by unanimous consent. Senator Madla asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1002. There being no objection, the motion prevailed by unanimous consent. Senator Shapleigh moved that SB 1002 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 printed. The motion prevailed by a vote of 5 ayes, 0 nays and 4 absent. Senator Shapleigh moved that the committee substitute for SB 1002 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 HB 477 by Representative Naishtat, relating to the establishment of an interagency plan for coordinating case management services for certain recipients of financial assistance, which had been left pending to await the arrival of a quorum. Senator Madla asked unanimous consent to be shown voting "aye" on HB 477. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen moved that HB 477 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays and 4 absent. Senator Bernsen moved that HB 477 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 HB 957 by Representative Burnam, relating to fees for food service establishment permits, which had been left pending to await the arrival of a quorum. Senator Bernsen moved that HB 957 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays and 4 absent. Senator Nelson moved that HB 957 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 HB 966 by Representative Naishtat, relating to requiring the Health and Human Services Commission to study ways to allow appropriated money to follow an individual who is leaving institutional care and will need community-based services, which had been left pending to await the arrival of a quorum. Senator Nelson moved the adoption of committee amendment 1. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that committee amendment 1 be rolled into a committee substitute for HB 966 and that the committee substitute for HB 966 be adopted. There being no objection, the motion prevailed by unanimous consent. Senator Madla asked unanimous consent to be shown voting "aye" on the committee substitute for HB 966. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 966 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 Nelson moved that the committee substitute for HB 966 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 HB 1178 by Representative Wohlgemuth, relating to the regulation of child-care facilities and agencies, which had been left pending to await the arrival of a quorum. Senator Shapleigh moved the adoption of committee amendment 1. There being no objection, the motion prevailed by unanimous consent. Senator Shapleigh moved that committee amendment 1 be rolled into a committee substitute for HB 1178 and that the committee substitute for HB 1178 be adopted. There being no objection, the motion prevailed by unanimous consent. Senator Madla asked unanimous consent to be shown voting "aye" on the committee substitute for HB 1178. There being no objection, the motion prevailed by unanimous consent. Senator Shapleigh moved that HB 1178 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 HB 1178 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 HB 1179 by Representative Wohlgemuth, relating to protective services for the elderly and disabled persons, which had been left pending to await the arrival of a quorum. Senator Madla asked unanimous consent to be shown voting "aye" on HB 1179. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen moved that HB 1179 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays and 4 absent. Senator Bernsen moved that HB 1179 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. There being no other business to come before the committee and upon a motion by Senator Shapleigh, the chairman recessed the committee by unanimous consent at 8:53 a.m., subject to the call of the chairman. Pursuant to suspending the Senate posting rule for SB 1029 by Senator Lindsay, relating to the confidentiality of certain information maintained by certain health care providers, the chairman called a meeting of the Senate Committee on Health and Human Services upon the adjournment of the Texas Senate at his desk. The chairman called the meeting to order at 12:56 p.m. There being a quorum present, the following business was transacted. The chairman laid out SB 1029 by Senator Lindsay, relating to the confidentiality of certain information maintained by certain health care providers, which had been left pending from a previous hearing, and recognized the author. Senator Nelson sent up a committee substitute for SB 1029 and Senator Lindsay explained the differences between it and the bill as filed. Senator Nelson moved the adoption of the committee substitute for SB 1029. There being no objection, the motion prevailed by unanimous consent. Senator Harris asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1029. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 1029 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 Nelson moved that the committee substitute for SB 1029 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. There being no other business to come before the committee, the chairman recessed the committee by unanimous consent at 12:59 p.m., subject to the call of the chairman. ________________________________ Senator Mike Moncrief, chairman ________________________________ Scott Caffey, committee clerk