MINUTES 
                                           
                   SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES 
                               Thursday, May 3, 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, May 3, 2001, in the Senate  
         Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Mike Moncrief, Chairman         Senator David Bernsen 
         Senator John Carona, Vice Chairman      Senator Chris Harris 
         Senator Mario Gallegos, Jr. 
         Senator Frank Madla 
         Senator Jane Nelson 
         Senator Eliot Shapleigh 
         Senator David Sibley 
                                           
                                       ***** 
                                           
         The chairman called the meeting to order at 8:37 a.m.  The  
         following business was transacted. 
          
         The chairman laid out HB 3421 by Representative Farabee,  
         relating to the licensure of physician assistants, and  
         recognized the Senate sponsor, Senator Madla, to explain the  
         bill. 
          
         Senator Madla sent up a committee substitute for HB 3421 and  
         explained the differences between it and the bill as filed. 
          
         Witnesses testifying and registering on the committee substitute  
         for HB 3421 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  
         3421, the chairman closed public testimony. 
          
         The chairman left the committee substitute for HB 3421 pending  
         temporarily, to await the arrival of a quorum. 
          
         The chairman laid out HB 342 by Representative McClendon,  
         relating to the study of disease management programs for  
         children's asthma, and recognized the Senate sponsor, Senator  
         Van de Putte, to explain the bill. 
          
         Senator Madla sent up a committee substitute for HB 342 and  
         Senator Van de Putte explained the differences between it and  
         the bill as filed. 
  
         Senator Madla moved the adoption of the committee substitute for  
         HB 342. There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for HB 342 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  
         342, the chairman closed public testimony. 
          
         The chairman left the committee substitute for HB 342 pending  
         temporarily, to await the arrival of a quorum. 
          
         At 8:47 a.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out HB 3365 by Representative Maxey, relating  
         to medical case management services provided by a social worker  
         under the Medicaid program, and recognized Senator Moncrief, in  
         absence of the author, to explain the bill. 
          
         Witnesses testifying and registering on HB 3365 are shown on the  
         attached list.  There being no other witnesses registering or  
         responding to the chairman's call for public testimony relating  
         to HB 3365, the chairman closed public testimony. 
          
         The chairman left HB 3365 pending temporarily, to await the  
         arrival of a quorum. 
          
         At 8:50 a.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out HB 2446 by Representative Glaze, relating  
         to emergency medical services, and recognized the Senate  
         sponsor, Senator Madla, to explain the bill. 
          
         Senator Madla sent up committee amendment 1 and explained it. 
          
         Witnesses testifying and registering on HB 2446 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 2446, the chairman closed public testimony. 
          
         The chairman left HB 2446 pending temporarily, to await the  
         arrival of a quorum. 
          
         At 8:54 a.m. Senator Madla assumed presiding duties. 
          
         The chairman laid out HB 1782 by Representative Naishtat,  
         relating to the right of certain persons to enter a public  
         facility with an assistance animal, and recognized the Senate  
         sponsor, Senator Moncrief, to explain the bill. 
          
         The chairman left HB 1782 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out HB 1094 by Representative Gray, relating  
  
         to the creation of a state prescription drug program for certain  
         Medicare beneficiaries, and recognized the Senate sponsor,  
         Senator Moncrief, to explain the bill. 
          
         At 8:58 a.m. Senator Carona assumed presiding duties. 
          
         Witnesses testifying and registering on HB 1094 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 1094, the chairman closed public testimony. 
          
         The chairman left HB 1094 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out HCR 84 by Representative Maxey,  
         memorializing congress to expand the number of community health  
         centers and other community-based safety-net programs serving  
         the poor and medically underserved communities, and recognized  
         Senator Moncrief, in absence of the author, to explain the bill. 
          
         Witnesses testifying and registering on HCR 84 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 84, the chairman closed public testimony. 
          
         The chairman left HCR 84 pending temporarily, to await the  
         arrival of a quorum. 
          
         The chairman laid out anew HB 1094 by Representative Gray,  
         relating to the creation of a state prescription drug program  
         for certain Medicare beneficiaries, which had been left pending  
         to await the arrival of a quorum. 
          
         Senator Sibley sent up committee amendment 1 and explained it.   
         Senator Sibley moved the adoption of committee amendment 1.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         At 9:09 a.m. a quorum was established. 
         Senator Sibley moved that the adopted committee amendment be  
         rolled into a committee substitute for HB 1094 and that the  
         committee substitute for HB 1094 be adopted.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Gallegos asked unanimous consent to be shown voting "aye"  
         on the committee substitute for HB 1094.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Sibley moved that HB 1094 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. 
          
         At 9:11 a.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out anew SB 1269 by Senator Sibley, relating  
         to the licensing and regulation of clinical nutritionists;  
         providing a criminal penalty, and recognized the author. 
          
         Senator Gallegos asked unanimous consent to be shown voting "aye"  
         on the committee substitute for SB 1269.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Sibley moved that SB 1269 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 HB 2463 by Representative Glaze, relating  
         to the issuance of permits in areas infected with or at risk of  
         infection for bovine tuberculosis, and recognized the Senate  
         sponsor, Senator Shapleigh, to explain the bill. 
          
         Witnesses testifying and registering on HB 2463 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 2463, the chairman closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting "aye"  
         on HB 2463.  There being no objection, the motion prevailed by  
         unanimous consent.  
          
         Senator Shapleigh moved that HB 2463 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 Shapleigh moved that HB 2463 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 663 by Representative Ron Lewis,  
         relating to the regulation of tanning facilities, and recognized  
         the Senate sponsor, Senator Nelson, to explain the bill. 
          
         Senator Nelson sent up a committee substitute for HB 663 and  
         explained the differences between it and the bill as filed. 
          
         Witnesses testifying and registering on the committee substitute  
         for HB 663 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  
         663, the chairman closed public testimony. 
          
         Senators Gallegos and Shapleigh asked unanimous consent to be  
         shown voting "aye" on the committee substitute for HB 663.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Nelson moved that HB 663 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 663 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 1516 by Representative Janek, relating  
         to the provision of catastrophic case management services under  
         the medical assistance program, and recognized the Senate  
         sponsor, Senator Nelson, to explain the bill. 
          
         Witnesses testifying and registering on HB 1516 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 1516, the chairman closed public testimony. 
          
         Senators Gallegos, Madla and Shapleigh asked unanimous consent  
         to be shown voting "aye" on HB 1516.  There being no objection,  
         the motion prevailed by unanimous consent. 
          
         Senator Nelson moved that HB 1516 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 1516 be recommended for  
         certification on the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         At 9:22 a.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out HB 102 by Representative Maxey, relating  
         to abolishing the electronic imaging program of the Texas  
         Department of Human Services, and recognized the Senate sponsor,  
         Senator Moncrief, to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for HB 102 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for HB 102. There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for HB 102 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  
         102, the chairman closed public testimony. 
          
         Senator Gallegos, Madla and Shapleigh asked unanimous consent to  
         be shown voting "aye" on the committee substitute for HB 102.   
         There being no objection, the motion prevailed by unanimous  
         consent.  
          
         Senator Moncrief moved that HB 102 be reported to the Senate  
         with the recommendation that it not do 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 HB 102  
         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 1782 by Representative Naishtat,  
         relating to the right of certain persons to enter a public  
         facility with an assistance animal, which had been left pending  
         to await the arrival of a quorum. 
          
         Senators Gallegos, Madla and Shapleigh asked unanimous consent  
         to be shown voting "aye" on HB 1782.  There being no objection,  
         the motion prevailed by unanimous consent. 
          
         Senator Nelson moved that HB 1782 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 1782 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 3365 by Representative Maxey,  
         relating to medical case management services provided by a  
         social worker under the Medicaid program, which had been left  
         pending to await the arrival of a quorum. 
          
         Senators Carona, Gallegos, Madla and Shapleigh asked unanimous  
         consent to be shown voting "aye" on HB 3365.  There being no  
         objection, the motion prevailed unanimous consent.  
          
         Senator Nelson moved that HB 3365 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 3365 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 3421 by Representative Farabee,  
         relating to the licensure of physician assistants, which had  
         been left pending to await the arrival of a quorum.  
          
         Senator Nelson moved the adoption of the committee substitute  
         for HB 3421.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senators Carona, Gallegos and Shapleigh asked unanimous consent  
         to be shown voting "aye" on the committee substitute for HB  
  
         3421.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Nelson moved that HB 3421 be sent 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 3421  
         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 84 by Representative Maxey,  
         memorializing congress to expand the number of community health  
         centers and other community-based safety-net programs serving  
         the poor and medically underserved communities, which had been  
         left pending to await the arrival of a quorum. 
          
         Senator Madla moved the adoption of HCR 84.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senators Carona, Gallegos and Shapleigh asked unanimous consent  
         to be shown voting "aye" on HCR 84.  There being no objection,  
         the motion prevailed by unanimous consent. 
          
         Senator Madla moved that HCR 84 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 Madla moved that HCR 84 be recommended for certification  
         on the local and uncontested calendar.  The motion prevailed by  
         a vote of 6 ayes, 0 nays and 3 absent. 
          
         The chairman laid out anew HB 342 by Representative Maxey,  
         relating to the study if disease management programs for  
         children's asthma, which had been left pending to await the  
         arrival of a quorum. 
          
         Senators Carona, Gallegos and Shapleigh asked unanimous consent  
         to be shown voting "aye" on the committee substitute for HB 342.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Madla moved that HB 342 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 Madla moved that the committee substitute for HB 342 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 2446 by Representative Glaze,  
         relating to emergency medical services, which had been left  
         pending to await the arrival of a quorum. 
          
         Senator Madla moved the adoption of committee amendment 1.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Madla moved that the adopted committee amendment be  
         rolled into a committee substitute for HB 2446 and that the  
         committee substitute for HB 2446 be adopted.  There being no  
         objection, the motion prevailed by unanimous consent.             
          
         Senators Carona and Gallegos asked unanimous consent to be shown  
         voting "aye" on the committee substitute for HB 2446.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Madla moved that HB 2446 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 Madla moved that the committee substitute for HB 2446 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 26, 2001, minutes and called for  
         revisions.  There being none, Senator Nelson moved their  
         approval.  There being no objection, the motion prevailed by  
         unanimous consent.                       
          
         Upon a motion by Senator Madla, the chairman recessed the  
         committee by unanimous consent at 9:43 a.m., until 30 minutes  
         after the adjournment of the Texas Senate. 
          
         The chairman reconvened the Senate Committee on Health and Human  
         Services at 2:40 p.m. 
          
         At 2:40 p.m. Senator Sibley assumed presiding duties. 
          
         The chairman laid out SB 1237 by Senator Moncrief, relating to  
         immunizations and the immunization registry, and recognized the  
         author to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 1237 and  
         explained the differences between it and the bill as filed. 
         At 2:41 p.m. Senator Moncrief resumed presiding duties. 
          
         At 3:55 p.m. Senator Shapleigh assumed presiding duties. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1237 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  
         1237, the chairman closed public testimony. 
          
         The chairman left the committee substitute for SB 1237 pending  
         temporarily. 
          
         At 4:08 p.m. Senator Shapleigh announced that the committee will  
         stand at ease until 4:20 p.m. 
          
         The chairman called the Senate Committee on Health and Human  
         Services back to order at 4:42 p.m. 
          
         At 4:43 p.m. Senator Gallegos assumed presiding duties. 
          
         The chairman laid out anew SB 1237 by Senator Moncrief, relating  
         to immunizations and the immunizations registry, which had been  
         left pending. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1237.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senators Carona, Madla and Shapleigh asked unanimous consent to  
         be shown voting "aye" on the committee substitute for SB 1237.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         Senator Nelson asked unanimous consent to be shown voting "nay"  
         on the committee substitute for SB 1237.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 1237 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, 1 nay and 3  
         absent. 
          
         At 4:45 p.m. Senator Moncrief resumed presiding duties. 
          
         There being no other business to come before the committee and  
         upon a motion by Senator Gallegos, the chairman recessed the  
         committee by unanimous consent at 4:45 p.m., subject to the call  
         of the chairman. 
          
         _________________________________________ 
  
         Senator Mike Moncrief, chairman 
          
         __________________________________________ 
         Scott Caffey, committee clerk