MINUTES 
                                           
                   SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES 
                              Thursday, April 26, 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 26, 2001, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Mike Moncrief, Chairman         Senator John Carona,  
                                                 Vice Chairman 
         Senator David Bernsen                   Senator Chris Harris 
         Senator Mario Gallegos, Jr.             Senator David Sibley 
         Senator Frank Madla 
         Senator Jane Nelson 
         Senator Eliot Shapleigh 
                                           
                                       ***** 
                                           
         The chairman called the meeting to order at 8:43 a.m.  The  
         following business was transacted. 
          
         The chairman laid out HB 767 by Representative Maxey, relating  
         to training concerning HIV, hepatitis C, and sexually  
         transmitted diseases for licensed chemical dependency  
         counselors, and recognized the Senator sponsor, Senator Nelson,  
         to explain the bill. 
          
         Witnesses testifying and registering on HB 767 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 767, the chairman closed public testimony. 
          
         The chairman left HB 767 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out HB 1018, relating to the processing of  
         certain applications submitted to the Texas State Board of  
         Medical Examiners, and recognized the Senate sponsor, Senator  
         Haywood, to explain the bill. 
          
         Senator Nelson sent up a committee substitute for HB 1018 and  
         Senator Haywood explained the differences between it and the  
         bill as filed. 
          
         Witnesses testifying and registering on the committee substitute  
  
         for HB 1018 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 HB  
         1018, the chairman closed public testimony.     
          
         The chairman left the committee substitute for HB 1018 pending  
         temporarily, to await the arrival of a quorum. 
          
         The chairman laid out HB 768 by Representative Maxey, relating  
         an interagency coordinating council for HIV and hepatitis, and  
         recognized the Senate sponsor, Senator Nelson, to explain the  
         bill. 
          
         Witnesses testifying and registering on HB 768 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 768, the chairman closed public testimony. 
          
         The chairman left HB 768 pending temporarily, to await the  
         arrival of a quorum. 
          
         At 8:52 a.m. Senator Nelson assumed presiding duties. 
          
         The chairman laid out anew SB 527 by Senator Moncrief, relating  
         to imposition of administrative penalties against assisted  
         living facilities, which had been left pending from a previous  
         hearing, and recognized the author. 
          
         Senator Moncrief sent up a committee substitute for SB 527 and  
         explained the differences between it and the bill as filed. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 527 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  
         527, the chairman closed public testimony. 
          
         The chairman left the committee substitute for SB 527 pending  
         temporarily, to await the arrival of a quorum. 
          
         The chairman laid out HB 2258 by Representative Maxey, relating  
         to the identification of certain nursing home residents having a  
         mental illness or mental retardation, and recognized the Senate  
         sponsor, Senator Moncrief, to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for HB 2258 and  
         explained the differences between it and the bill as filed.    
          
         Witnesses testifying and registering on the committee substitute  
         for HB 2258 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 HB  
         2258, the chairman closed public testimony. 
          
         The chairman left the committee substitute for HB 2258 pending  
         temporarily, to await the arrival of a quorum. 
          
         At 9:22 a.m. Senator Moncrief resumed presiding duties. 
          
         The chairman announced that the committee would stand in recess  
         until 9:35 a.m. 
          
         The chairman called the Senate Committee on Health and Human  
         Services to order at 9:37 a.m.  There being a quorum present,  
         the following business was transacted. 
          
         At 9:37 a.m. Senator Nelson assumed presiding duties. 
          
         The chairman laid out SB 1470 by Senator Moncrief, relating to  
         creating a pilot treatment program for certain juveniles on  
         probation, which had been left pending from a previous hearing,  
         and recognized the author. 
          
         Senator Moncrief moved that SB 1470 be reported to the Senate  
         with the recommendation that it do not pass, but that the  
         committee substitute adopted in lieu thereof do pass and be  
         printed.  The motion prevailed by a vote of 6 ayes, 0 nays and 3  
         absent. 
          
         Senator Moncrief moved that the committee substitute for SB 1470  
         be recommended for certification on the local and uncontested  
         calendar.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         At 9:38 a.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out anew SB 527 by Senator Moncrief, relating  
         to imposition of administrative penalties against assisted  
         living facilities, which had been left pending to await the  
         arrival of a quorum. 
          
         Senator Nelson moved the adoption of the committee substitute  
         for SB 527.  There being no objection, the motion prevailed by  
         unanimous consent.  
          
         Senator Nelson moved that SB 527 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. 
          
         The chairman laid out anew HB 767 by Representative Maxey,  
         relating to training concerning HIV, hepatitis C, and sexually  
         transmitted diseases for licensed chemical dependency  
         counselors, which had been left pending to await the arrival of  
         a quorum. 
          
         Senator Nelson moved that HB 767 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
  
         prevailed by a vote of 6 ayes, 0 nays and 3 absent. 
          
         Senator Nelson moved that HB 767 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 768 by Representative Maxey,  
         relating to an interagency coordinating council for HIV and  
         hepatitis, which had been left pending to await the arrival of a  
         quorum. 
          
         Senator Nelson moved that HB 768 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 6 ayes, 0 nays and 3 absent. 
          
         Senator Nelson moved that HB 768 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 1018 by Representative Hardcastle,  
         relating to the processing of certain applications submitted to  
         the Texas State Board of Medical Examiners, which had been left  
         pending to await the arrival of a quorum. 
          
         Senator Nelson moved the adoption of the committee substitute  
         for HB 1018.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Nelson moved that HB 1018 be reported to the Senate with  
         the recommendation that it do not pass, but that the committee  
         substitute adopted in lieu thereof do pass and be printed.  The  
         motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. 
          
         Senator Nelson moved that the committee substitute for HB 1018  
         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 2258 by Representative Maxey,  
         relating to the identification of certain nursing home residents  
         having a mental illness or mental retardation, which had been  
         left pending to await the arrival of a quorum. 
          
         Senator Nelson moved that adoption of the committee substitute  
         for HB 2258.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Nelson moved that HB 2258 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. 
          
         The chairman laid out the April 19, 2001, minutes and called for  
  
         revisions.  There being none, Senator Nelson moved their  
         approval.  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 Madla, the chairman recessed the  
         committee by unanimous consent at 9:44 a.m., subject to the call  
         of the chairman. 
          
         ________________________________________ 
         Senator Mike Moncrief, chairman 
          
         ________________________________________ 
         Scott Caffey, committee clerk