MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                              Tuesday, March 11, 2003 
                                     9:00 a.m. 
                                   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, March 11, 2003, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     None 
         Senator Kyle Janek 
         Senator John Carona 
         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 9:06 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Janek moved that the minutes from the previous hearing  
         be approved; without objection, the minutes were approved by  
         unanimous consent. 
          
         The Chair moved that the Committee limit the public testimony to  
         3 minutes of the non-invited witnesses; without objection, the  
         motion carried. 
          
         At 9:07 a.m., Senator Janek assumed the chair. 
          
         The Chair laid out Senate Bill 418 and recognized its author,  
         Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill and announced that she had a  
         committee substitute that she would like to have sent up. 
         Senator Deuell sent up a committee substitute and yielded to the  
         author, Senator Nelson, to explain the committee substitute. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
  
         The Chair announced a clarification on a witness card that was  
         turned in by Steve Hazlewood of Dow Chemical who registered in  
         favor of the bill.  The card indicated that Dow Chemical was for  
         the bill except for the elimination of ERISA preemption. 
          
         The Chair closed public testimony. 
          
         The Chair recognized Senator Nelson for a motion. 
          
         Senator Nelson moved adoption of the committee substitute for  
         Senate Bill 418; without objection, the motion carried. 
          
         The Chair recognized Senator Nelson for a motion. 
          
         Senator Nelson moved that Senate Bill 418 do not pass but that  
         the committee substitute for Senate Bill 418 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, 0  
         nays, and 2 absent. 
          
         At 10:44 a.m., Senator Nelson resumed the chair and announced  
         that the Committee would stand recessed subject to the call of  
         the Chair.  Without objection, it was so ordered. 
          
         At 1:15 p.m., the Committee reconvened. 
          
         The Chair laid out Senate Bill 572 and recognized its author,  
         Senator Harris, to explain the bill. 
          
         Senator Harris 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 closed public testimony. 
          
         The Chair announced that Senate Bill 572 would be left pending. 
          
         The Chair laid out Senate Bill 752 and recognized its author,  
         Senator Harris, to explain the bill. 
          
         Senator Harris 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 closed public testimony. 
          
         The Chair announced that Senate Bill 752 would be left pending. 
          
         The Chair laid out Senate Bill 486 by Senator Zaffirini and  
         recognized Senator Ratliff to explain the bill. 
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                    Tuesday, March 11, 2003 
                                                                      page   3 
                                                                            
         Senator Ratliff 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 closed public testimony. 
          
         The Chair announced that Senate Bill 486 would be left pending. 
          
         The Chair laid out Senate Bill 564 by Senator West and  
         recognized Senator Deuell to explain the bill. 
          
         Senator Deuell 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 closed public testimony. 
          
         The Chair announced that Senate Bill 564 would be left pending. 
                         
         The Chair laid out Senate Bill 567 by Senator West and  
         recognized Senator Deuell to explain the bill. 
          
         Senator Deuell 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 closed public testimony. 
          
         The Chair announced that Senate Bill 567 would be left pending. 
         The Chair recalled Senate Bill 486, which had previously been  
         left pending, and recognized Senator Janek for a motion. 
          
         Senator Janek moved that Senate Bill 486 be reported favorably  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 7 ayes, 0  
         nays, and 2 absent.  Senators Lindsay and Zaffirini asked to be  
         shown voting aye; without objection, the motion carried. 
          
         The Chair laid out Senate Bill 564, which had previously been  
         left pending, and recognized Senator Carona for a motion. 
          
         Senator Carona moved that Senate Bill 564 be reported favorably  
         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.  Senators Lindsay and Zaffirini asked to be  
         shown voting aye; without objection, the motion carried. 
          
         Senator Deuell moved that Senate Bill 564 be recommended for the  
         Local & Uncontested Calendar; without objection, the motion  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                    Tuesday, March 11, 2003 
                                                                      page   4 
                                                                            
         carried. 
          
         The Chair recalled Senate Bill 567, which had previously been  
         left pending, and recognized Senator Carona for a motion. 
          
         Senator Carona moved that Senate Bill 567 be reported favorably  
         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.  Senators Lindsay and Zaffirini asked to be  
         shown voting aye; without objection, the motion carried. 
          
         Senator Deuell moved that Senate Bill 567 be recommended for the  
         Local & Uncontested Calendar; without objection, the motion  
         carried. 
          
         The Chair recalled Senate Bill 572, which had previously been  
         left pending, and recognized Senator Janek for a motion. 
          
         Senator Janek moved that Senate Bill 572 be reported favorably  
         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.  Senators Lindsay and Zaffirini asked to be  
         shown voting aye; without objection, the motion carried. 
          
         The Chair moved, at the request of Senator Harris, that Senate  
         Bill 572 be recommended for the Local & Uncontested Calendar;  
         without objection, the motion carried. 
          
         The Chair recalled Senate Bill 752, which had previously been  
         left pending. 
          
         Senator Ratliff moved that Senate Bill 752 be reported favorably  
         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.  Senators Lindsay and Zaffirini asked to be  
         shown voting aye; without objection, the motion carried. 
          
         The Chair moved, at the request of Senator Harris, that Senate  
         Bill 572 be recommended for the Local & Uncontested Calendar;  
         without objection, the motion carried. 
          
         The Chair moved, at the request of Senator Zaffirini, that  
         Senate Bill 486 be recommended for Local and Uncontested  
         Calendar; without objection, the motion carried. 
          
         There being no further business, at 2:06 p.m. Senator Nelson  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator Jane Nelson, Chair 
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                    Tuesday, March 11, 2003 
                                                                      page   5 
                                                                            
         ______________________ 
         Cheri Huddleston, Clerk