MINUTES SENATE COMMITTEE ON HEALTH & HUMAN SERVICES Tuesday, April 8, 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, April 8, 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 9:05 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. At 9:06 a.m. Senator Lindsay assumed the chair. The Chair laid out Senate Bill 1225 and recognized its author, Senator Nelson, to explain the bill. Senator Nelson sent up a committee substitute; the Chair recognized Senator Nelson to explain the substitute. The Chair opened the floor for public testimony on Senate Bill 1225. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered. Senator Nelson moved that Senate Bill 1225 do not pass but that CSSB 1225 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, 0 present not voting, and 2 absent. Senators West and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 9:15 a.m. Senator Janek assumed the chair. The Chair laid out Senate Bill 1549 and recognized its author, Senator Nelson, to explain the bill. Senator Nelson explained the bill. The Chair opened the floor for public testimony on Senate Bill 1549. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1549 would be left pending. The Chair laid out Senate Bill 1400 and recognized its author, Senator Nelson, to explain the bill. Senator Nelson explained the bill. The Chair opened the floor for public testimony on Senate Bill 1400. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. Senator Nelson moved that Senate Bill 1400 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, 0 present not voting, and 2 absent. Senators West and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 1549 which had previously been left pending. Senator Nelson moved that Senate Bill 1549 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, 0 present not voting, and 2 absent. Senators West and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 9:25 a.m. Senator Nelson resumed the chair. The Chair laid out Senate Bill 1419 and recognized its author, Senator Janek, to explain the bill. Senator Janek explained the bill. The Chair opened the floor for public testimony on Senate Bill 1419. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. Senator Janek moved that Senate Bill 1419 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, 0 present not voting, and 2 absent. Senators West and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out Senate Bill 1131 and recognized its author, Senator Harris, to explain the bill. Senator Harris explained the bill. Senator Janek sent up a committee substitute; the Chair recognized Senator Harris to explain the substitute. The Chair opened the floor for public testimony on Senate Bill 1131. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1131 would be left pending. The Chair laid out Senate Bill 528 and recognized its author, Senator Madla, to explain the bill. Senator Madla withdrew the bill. The Chair laid out Senate Bill 718 and recognized its author, Senator Madla, to explain the bill. The Chair sent up a committee substitute; the Chair recognized Senator Madla to explain the substitute. The Chair opened the floor for public testimony on Senate Bill 718. Witnesses testifying and registering on the bill are shown on the attached list. At 10:00 a.m. Senator Lindsay assumed the chair. The Chair closed public testimony. The Chair announced that Senate Bill 718 would be left pending. The Chair laid out Senate Bill 691 and recognized its author, Senator Madla, to explain the bill. Senator Madla explained the bill. Senator Carona sent up Committee Amendment 1. The Chair opened the floor for public testimony on Senate Bill 691. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate bill 691 would be left pending. The Chair laid out Senate Bill 1028 and recognized its author, Senator Gallegos, to explain the bill. Senator Gallegos explained the bill. The Chair opened the floor for public testimony on Senate Bill 1028. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1028 would be left pending. The Chair laid out Senate Bill 990 by Senator Armbrister and recognized Senator Carona to explain the bill. Senator Carona explained the bill. The Chair opened the floor for public testimony on Senate Bill 990. Witnesses testifying and registering on the bill are shown on the attached list. The Chair announced that the Committee would stand recessed subject to the call of the chair. At 1:40 p.m. Senator Nelson resumed the chair and the Committee reconvened. The Chair resumed testimony on Senate Bill 990. At 2:10 p.m. Senator West assumed the chair. At 2:30 p.m. Senator Nelson resumed the chair. The Chair closed public testimony. The Chair announced that Senate Bill 990 would be left pending. The Chair laid out Senate Bill 1764 and recognized its author, Senator Deuell, to explain the bill. Senator Deuell explained the bill. The Chair opened the floor for public testimony on Senate Bill 1764. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1764 would be left pending. The Chair laid out Senate Bill 1182 and recognized its author, Senator Deuell, to explain the bill. Senator Deuell explained the bill. The Chair opened the floor for public testimony on Senate Bill 1182. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1182 would be left pending. The Chair laid out Senate Bill 1314 and recognized its author, Senator Van de Putte, to explain the bill. Senator Van de Putte explained the bill. The Chair opened the floor for public testimony on Senate Bill 1314. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1314 would be left pending. The Chair laid out Senate Bill 1317 and recognized its author, Senator Van de Putte, to explain the bill. Senator Van de Putte explained the bill. The Chair opened the floor for public testimony on Senate Bill 1317. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1317 would be left pending. The Chair laid out Senate Bill 1202 and recognized its author, Senator Lindsay, to explain the bill. The Chair opened the floor for public testimony on Senate Bill 1202. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1202 would be left pending. The Chair laid out Senate Bill 669 and recognized its author, Senator Ogden, to explain the bill. Senator Ogden explained the bill. The Chair opened the floor for public testimony on Senate Bill 669. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 669 would be left pending. The Chair laid out Senate Bill 1489 and recognized its author, Senator Ogden, to explain the bill. Senator Ogden explained the bill. The Chair opened the floor for public testimony on Senate Bill 1489. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1489 would be left pending. The Chair laid out Senate Bill 1204 and recognized its author, Senator Lindsay, to explain the bill. The Chair opened the floor for public testimony on Senate Bill 1204. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1204 would be left pending. The Chair laid out Senate Bill 1194 and recognized its author, Senator Carona, to explain the bill. Senator Carona explained the bill. The Chair opened the floor for public testimony on Senate Bill 1194. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1194 would be left pending. The Chair recalled Senate Bill 185 which had previously been left pending. Senator Janek moved adoption of the committee substitute which had previously been sent up; without objection, it was so ordered. Senator Janek moved that Senate Bill 185 do not pass but that CSSB 185 be reported back 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, 0 present not voting, and 1 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 525 which had previously been left pending. Senator West moved that SB 525 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, 1 nay, 0 present not voting, and 1 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 60 which had previously been left pending. Senator West moved adoption of the committee substitute which had previously been laid out; without objection, it was so ordered. Senator West moved that Senate Bill 60 do not pass but that CSSB 60 be reported back 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, 0 present not voting, and 1 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 616 which had previously been left pending. Senator West moved adoption of the committee substitute which had been previously laid out; without objection, it was so ordered. Senator West moved that Senate Bill 616 do not pass but that CSSB 616 be reported back 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, 0 present not voting, and 1 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 692 which had previously been left pending. Senator West moved that SB 692 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, 0 present not voting, and 1 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 1024 which had previously been left pending. Senator Janek moved that Senate Bill 1024 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, 0 present not voting, and 1 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recognized Senator Lindsay for a motion. Senator Lindsay moved that Senate Bill 438, which had previously been left pending, be recalled; without objection, it was so ordered. Senator Lindsay moved that Senate Bill 438 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 2 nays, 1 present not voting, and 0 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 1131which had previously been left pending. At 4:50 p.m. Senator Janek assumed the chair. Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered. Senator Nelson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Nelson moved that the adopted amendment be rolled into a new committee substitute. There being objection, the motion prevailed by a vote of 6 ayes, 1 nay, 0 present not voting, and 2 absent. Senator Lindsay moved to reconsider the vote by which the adopted amendment would be rolled into a new committee substitute. There being no objection, the motion prevailed. At the request of Senator Nelson, the Chair announced that Senate Bill 1131 would be left pending. At 4:55 p.m. Senator Nelson resumed the chair. The Chair recalled Senate Bill 691 which had previously been left pending. The Chair moved adoption of Committee Amendment 1 which had previously been laid out; without objection, the amendment was adopted. Senator West moved that Senate Bill 691, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Carona, Gallegos, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 718 which had previously been left pending. Senator Janek moved adoption of the committee substitute which had previously been laid out; without objection, it was so ordered. Senator Janek moved that Senate Bill 718 do not pass but that CSSB 718 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Carona, Gallegos, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 669 which had previously been left pending. Senator Janek moved that Senate Bill 669 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, 0 present not voting, and 1 absent. Senators Carona and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 1489 which had previously been left pending. Senator Janek sent up a committee substitute; Senator Janek moved adoption of the committee substitute; without objection, it was so ordered. Senator Janek moved that Senate Bill 1489 do not pass but that CSSB 1489 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Carona, Gallegos, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 1317 which had previously been left pending. Senator Nelson sent up a committee substitute; Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that Senate Bill 1317 do not pass but that CSSB 1317 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Carona, Gallegos, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 1131 which had previously been left pending and recognized its author, Senator Harris, to explain the bill. Senator Harris explained the bill. The Chair announced that Senate Bill 1131 would be left pending. The Chair recalled Senate Bill 1182 which had previously been left pending. Senator Deuell sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Deuell moved that Senate Bill 1182, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 1764 which had previously been left pending. Senator Deuell sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Deuell moved that SB 1764, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Gallegos and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 1202 which had previously been left pending. Senator Lindsay sent up a committee substitute; Senator Lindsay moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that Senate Bill 1202 do not pass but that CSSB 1202 be reported back 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, 0 present not voting, and 1 absent. Senators Deuell and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair recalled Senate Bill 1204 which had previously been left pending. Senator Lindsay moved that SB 1204 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Deuell, Gallegos, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair recalled Senate Bill 1194 which had previously been left pending. Senator Carona moved that SB 1194 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senators Deuell, Gallegos, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out Senate Bill 1086 and recognized its author, Senator Staples, to explain the bill. Senator Staples explained the bill. At 5:15 p.m. Senator Janek assumed the chair. The Chair opened the floor for public testimony on Senate Bill 1086. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1086 would be left pending. The Chair laid out Senate Bill 1409 and recognized its author, Senator Deuell, to explain the bill. The Chair opened the floor for public testimony on Senate Bill 1409. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1409 would be left pending. The Chair laid out Senate Bill 1410 and recognized its author, Senator Deuell, to explain the bill. The Chair opened the floor for public testimony on Senate Bill 1410. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. The Chair announced that Senate Bill 1410 would be left pending. There being no further business, at 6:05 p.m. Senator Janek moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Jane Nelson, Chair ______________________ Travis Broussard, Clerk