MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                             Tuesday, February 18, 2003 
                           11:00 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 &  
         Human Services was held on Tuesday, February 18, 2003, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     Senator John Carona 
         Senator Kyle Janek 
         Senator Bob Deuell 
         Senator Mario Gallegos, Jr. 
         Senator Jon Lindsay 
         Senator Bill Ratliff 
         Senator Royce West 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 11:31 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         The following members arrived after the roll was called:   
         Senator Bob Deuell 
         Senator Mario Gallegos, Jr. 
          
         Senator Janek moved that the minutes from the previous hearing  
         held on February 6, 2003 be approved; without objection, the  
         minutes were approved by unanimous consent. 
          
         The Chair laid out Senate Bill 43 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini explained the bill. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
         The Chair moved that the public testimony be closed; without  
         objection, it was so ordered. 
          
         Senator Zaffirini moved that Senate Bill 43 be reported to the  
         Senate with the recommendation that it do pass and be printed.   
  
         The motion carried with a record vote of 8 ayes, 0 nays, and 1  
         absent.  At 1:01 p.m., Senator Gallegos asked to be shown voting  
         aye on Senate Bill 43.  Without objection, the motion carried. 
          
         The Chair laid out Senate Bill 74 and recognized its author,  
         Senator Zaffirini, to explain the bill.  The Chair also  
         announced that at the request of the author, Senator Shapleigh,  
         Senate Bill 223 would be withdrawn from the day's agenda. 
          
         Senator Zaffirini explained the bill and announced that Senator  
         Shapleigh had agreed to co-sponsor Senate Bill 74. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair moved that the public testimony be closed; without  
         objection, it was so ordered. 
          
         Senator Zaffirini moved that Senate Bill 74 be reported to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 8 ayes, 0 nays, and 1  
         absent. 
          
         At 1:03 p.m., Senator Janek assumed the chair. 
          
         The Chair laid out Senate Bill 104 and recognized its author,  
         Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill and announced that she had a  
         substitute that she would like to have sent up. 
          
         The Chair recognized Senator Zaffirini to lay out the committee  
         substitute for Senate Bill 104. 
          
         Senator Zaffirini sent up the committee substitute for Senate  
         Bill 104 and yielded to Senator Nelson. 
          
         Senator Nelson explained the substitute. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair moved that the public testimony be closed; without  
         objection, it was so ordered. 
          
         Senator Nelson moved that the committee substitute for SB 104 be  
         adopted; without objection, the motion carried. 
          
         Senator Nelson moved that Senate Bill 104 do not pass but that  
         the committee substitute for 104 be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 1 nays, and 1  
  
         absent.  Senators West and Zaffirini asked to be shown voting  
         aye; without objection, the motion carried. 
          
         At 3:25 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 200 and recognized its author,  
         Senator Shapiro, to explain the bill. 
          
         Senator Shapiro explained the bill. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair moved that the public testimony be closed; without  
         objection, it was so ordered. 
          
         Senator Janek sent up committee amendment 1 and explained it. 
          
         Senator Nelson moved the adoption of the committee amendment.   
         There being no objection, the motion carried. 
          
         Senator Janek moved that Senate Bill 200 as amended be  
         recommended to the full Senate.  The motion carried with a  
         record vote of 7 ayes, 0 nays, 1 present not voting and 1  
         absent.  Senators Gallegos and Zaffirini asked to be shown  
         voting aye and Senator West asked to be shown voting present not  
         voting; without objection, the motion carried. 
          
         At 4:02 p.m., Senator Janek assumed the chair. 
          
         The Chair laid out Senate Bill 330 and recognized its author,  
         Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill. 
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair moved that the public testimony be closed; without  
         objection, it was so ordered. 
          
         Senator Nelson moved that Senate Bill 330 be reported to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 8 ayes, 0  
         nays, and 1 absent.  Senators Gallegos, West, and Zaffirini  
         asked to be shown voting aye; without objection, the motion  
         carried. 
          
         At 4:06, Senator Nelson resumed the chair. 
          
         Senator Ratliff moved that Senate Bills 43 and 74 be recommended  
         for the Local and Uncontested Calendar.  Without objection, the  
         motion carried. 
  
         There being no further business, at 4:08 p.m. the Chair  
         announced that the Committee would stand recessed subject to the  
         call of the Chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator Jane Nelson, Chair 
          
         ______________________ 
         Cheri Huddleston, Clerk