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