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