MINUTES
SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES
Monday, April 30, 2001
8 a.m.
Capitol Extension, Room E1.028
*****
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 Monday, April 30, 2001, in the
Capitol Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief, Chairman None
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 a.m. The
following business was transacted.
The chairman laid out anew SB 367 by Senator Zaffirini, relating
to ensuring an appropriate care setting for a person with a
disability, which had been left pending from a previous hearing,
and recognized the author.
Senator Carona sent up a new committee substitute for SB 367 and
Senator Zaffirini explained the differences between it and the
bill as filed.
The committee substitute for SB 367 was left pending
temporarily, to await the arrival of a quorum.
The chairman laid out HB 482 by Representative Naishtat,
relating to protecting certain persons from retaliation by
nursing homes or intermediate care facilities, and recognized
the Senate sponsor, Senator Zaffirini, to explain the bill.
Witnesses testifying and registering on HB 482 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 482, the chairman closed public testimony.
The chairman left HB 482 pending temporarily, to await the
arrival of a quorum.
The chairman laid out HB 1175 by Representative Raymond,
relating to minimum training regarding family violence for
certain state employees and other persons administering the
financial assistance program and to identification of and
services for certain victims of family violence, and recognized
the Senate sponsor, Senator Zaffirini, to explain the bill.
Witnesses testifying and registering on HB 1175 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 1175, the chairman closed public testimony.
The chairman left HB 1175 pending temporarily, to await the
arrival of a quorum.
The chairman laid out HB 402 by Representative Giddings,
relating to the abolishment of the medicinal and physician's
permits for buying or dispensing liquor, and recognized the
Senate sponsor, Senator Carona, to explain the bill.
Witnesses testifying and registering on HB 402 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 402, the chairman closed public testimony.
The chairman left HB 402 pending temporarily, to await the
arrival of a quorum.
The chairman laid out HB 2437 by Representative Davis, relating
to continuing education requirements for code enforcement
officers, and recognized the Senate sponsor, Senator Carona, to
explain the bill.
Witnesses testifying and registering on HB 2437 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 2437, the chairman closed public testimony.
The chairman left HB 2437 pending temporarily, to await the
arrival of a quorum.
At 8:15 a.m. Senator Carona assumed presiding duties.
The chairman laid out HB 1478 by Representative Maxey, relating
to the name, composition, and duties of the work group on
children's long-term care and health programs, and recognized
the Senate sponsor, Senator Moncrief, to explain the bill.
Witnesses testifying and registering on HB 1478 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 1478, the chairman closed public testimony.
The chairman left HB 1478 pending temporarily, to await the
arrival of a quorum.
The chairman laid out HB 3335 by Representative Telford,
relating to the duties and immunities of certain persons with
cause to believe that an elderly or disabled person is in a
state of abuse, neglect, or exploitation, and recognized the
Senate sponsor, Senator Moncrief, to explain the bill.
Witnesses testifying and registering on HB 3335 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 3335, the chairman closed public testimony.
The chairman left HB 3335 pending temporarily, to await the
arrival of a quorum.
The chairman laid out HCR 8 by Representative Marchant,
memorializing congress to increase funding for research of
Duchenne muscular dystrophy, and recognized the Senate sponsor,
Senator Moncrief, to explain the resolution.
Witnesses testifying and registering on HCR 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 HCR 8, the chairman closed public testimony.
The chairman left HCR 8 pending temporarily, to await the
arrival of a quorum.
At 8:27 a.m. Senator Moncrief resumed presiding duties.
The chairman announced that the committee would stand at ease.
Senator Nelson called the Senate Committee on Health and Human
Services back to order at 8:36 a.m.
The chairman laid out HB 100 by Representative Maxey, relating
to the regulation of certain health care activities using the
Internet, and recognized Senator Carona, in absence of the
author, to absence of the author, to explain the bill.
Witnesses testifying and registering on HB 100 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 100, the chairman closed public testimony.
The chairman left HB 100 pending temporarily, to await the
arrival of a quorum.
At 8:38 a.m. Senator Moncrief assumed presiding duties.
The chairman laid out HB 1901 by Representative Turner, relating
to juveniles with mental health and substance abuse disorders,
and recognized Senator Carona, in absence of the author, to
explain the bill.
Witnesses testifying and registering on HB 1901 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 1901, the chairman closed public testimony.
At 8:38 a.m. a quorum was established.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on HB 1901. There being no
objection, the motion prevailed by unanimous consent.
Senator Carona moved that HB 1901 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that HB 1901 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 376 by Senator Zaffirini, relating
to ensuring an appropriate care setting for a person with a
disability.
Senator Carona moved to reconsider the vote by which the
committee substitute for SB 367 was adopted during the April 5,
2001, hearing. There being no objection, the motion prevailed
by unanimous consent.
Senator Carona moved to withdraw from consideration the
committee substitute for SB 367 that was adopted during the
April 5, 2001, hearing. There being no objection, the motion
prevailed by unanimous consent.
Senator Carona sent up a new version of the committee substitute
for SB 367 and moved it's adoption. There being no objection,
the motion prevailed by unanimous consent.
The chairman left the committee substitute for SB 367 pending
temporarily.
The chairman laid out HB 391 by Representative Maxey, relating
to the provision of donor milk to certain infants under the
medical assistance program, and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
Senator Carona sent up committee amendment 1 and Senator
Barrientos explained it. Senator Carona moved the adoption of
committee amendment 1. There being no objection, the motion
prevailed by unanimous consent.
Senator Nelson moved that the adopted committee amendment be
rolled into a committee substitute for HB 391 and that the
committee substitute for HB 391 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 391 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
391, the chairman closed public testimony.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on the committee substitute for
HB 391. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that HB 391 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 8 ayes, 0 nays and 1 absent.
Senator Nelson moved that the committee substitute for HB 391 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out HB 3556 be Representative Maxey, relating
to the life safety code standards for assisted living facilities
for supervision of medication and general welfare, and
recognized the Senate sponsor, Senator Barrientos, to explain
the bill.
Witnesses testifying and registering on HB 3556 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 3556, the chairman closed public testimony.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on HB 3556. There being no
objection, the motion prevailed by unanimous consent.
Senator Shapleigh moved that HB 3556 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 9 ayes, 0 nays and 0 absent.
Senator Shapleigh moved that HB 3556 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 367 by Senator Zaffirini, relating
to ensuring the appropriate care setting for a person with a
disability, which had been left pending to await the arrival of
a quorum.
Senators Harris and Madla asked unanimous consent to be shown
voting "aye" on the committee substitute for SB 367. There
being no objection, the motion prevailed by unanimous consent.
Senator Carona moved that SB 367 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, 1 nay and 1 absent.
The chairman laid out anew HB 402 by Representative Giddings,
relating to the abolishment of the medicinal and physician's
permits for buying or dispensing liquor, which was left pending
to await the arrival of a quorum.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on HB 402. There being no
objection, the motion prevailed by unanimous consent.
Senator Carona moved that HB 402 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that HB 402 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
Senator Carona moved that HB 402 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 482 by Representative Naishtat,
relating to protecting certain persons from retaliation by
nursing homes or intermediate care facilities, which had been
left pending to await the arrival of a quorum.
Senators Bernsen, Gallegos and Madla asked unanimous consent to
be shown voting "aye" on HB 482. There being no objection, the
motion prevailed by unanimous consent.
Senator Harris asked unanimous consent to be shown voting "nay"
on HB 482. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that HB 482 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 7 ayes, 1 nay and 1 absent.
The chairman laid out anew HB 1175 by Representative Raymond,
relating to minimum standards regarding family violence for
certain state employees and other persons administering the
financial assistance program and to identification of and
services for certain victims of family violence, which was left
pending to await the arrival of a quorum.
Senators Bernsen, Gallegos, and Madla asked unanimous consent to
be shown voting "aye" on HB 1175. There being no objection, the
motion prevailed by unanimous consent.
Senator Harris asked unanimous consent to be shown voting "nay"
on HB 1175. There being no objection, the motion prevailed by
unanimous consent.
Senator Carona moved that HB 1175 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 7 ayes, 1 nay and 1 absent.
The chairman laid out anew HB 1478 by Representative Maxey,
relating to the name, composition, and duties of the work group
on children's long-term care and health programs, which had been
left pending to await the arrival of a quorum.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on HB 1478. There being no
objection, the motion prevailed by unanimous consent.
Senator Carona moved that HB 1478 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that HB 1478 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 2437 by Representative Davis,
relating to continuing education requirements for code
enforcement officers, which had been left pending to await the
arrival of a quorum.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on HB 2437. There being no
objection, the motion prevailed by unanimous consent.
Senator Carona moved that HB 2437 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that HB 2437 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 3335 by Representative Telford,
relating to duties and immunities of certain persons with cause
to believe that an elderly or disabled person is in a state of
abuse, neglect, or exploitation, which had been left pending to
await the arrival of a quorum.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on HB 3335. There being no
objection, the motion prevailed by unanimous consent.
Senator Shapleigh moved that HB 3335 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Shapleigh moved that HB 3335 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 HCR 8 by Representative Marchant,
memorializing congress to increase funding for research of
Duchenne muscular dystrophy, which was left pending to await the
arrival of a quorum.
Senator Carona moved the adoption of HCR 8. There being no
objection, the motion prevailed by unanimous consent.
Senators Bernsen, Gallegos, Harris and Madla asked unanimous
consent to be shown voting "aye" on HCR 8. There being no
objection, the motion prevailed by unanimous consent.
Senator Carona moved that HCR 8 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that HCR 8 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 100 by Representative Maxey,
relating to the regulation of certain health care activities
using the Internet, which had been left pending to await the
arrival of a quorum.
Senator Carona moved that HB 100 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that HB 100 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
The chairman laid out HB 3450 by Representative Gallego,
relating to the continuation of functions of the Texas
Interagency Council for the Homeless, and recognized Senator
Carona, in absence of the author, to explain the bill.
Senator Carona sent up committee amendment 1 and explained it.
Senator Carona moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Carona moved that the adopted committee amendment be
rolled into a committee substitute for HB 3450 and that the
committee substitute for HB 3450 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 3450 are shown 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
3450, the chairman closed public testimony.
Senators Harris, Madla and Nelson asked unanimous consent to be
shown voting "aye" on the committee substitute for HB 3450.
There being no objection, the motion prevailed by unanimous
consent.
Senator Carona moved that HB 3450 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 8 ayes, 0 nays and 1 absent.
Senator Carona moved that the committee substitute for HB 3450
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out the April 23, 2001, minutes and called for
revisions. There being none, Senator Bernsen moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
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 1269 by Senator Sibley, relating to licensing and regulation
of clinical nutritionists; providing a criminal penalty.
There being no other business to come before the committee, the
chairman recessed the committee by unanimous consent at 9:22
a.m., subject to the call of the chairman.
_______________________________________
Senator Mike Moncrief, chairman
_______________________________________
Scott Caffey, committee clerk