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