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