MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                              Tuesday, April 15, 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 15, 2003, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     Senator Bill Ratliff 
         Senator Kyle Janek 
         Senator John Carona 
         Senator Bob Deuell 
         Senator Mario Gallegos, Jr. 
         Senator Jon Lindsay 
         Senator Royce West 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The Chair called the meeting to order at 9:00 a.m.  The  
         following business was transacted:   
          
         The Chair laid out Senate Bill 1299 and recognized its author,  
         Senator Madla, to explain the bill. 
          
         Senator Madla explained the bill. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1299.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 1299 would be left pending. 
          
         At 9:05 a.m. Senator Lindsay assumed the chair.   
          
         The Chair laid out Senate Bill 160 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 difference between the  
         committee substitute and the bill as filed.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         160.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 160 would be left pending. 
          
         The Chair laid out Senate Bill 610 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  
         610.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 610 would be left pending. 
          
         The Chair laid out Senate Bill 1136 and recognized its author,  
         Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill. 
                                        
         Senator Nelson sent up a committee substitute; the chair  
         recognized Senator Nelson to explain the difference between the  
         committee substitute and the bill as filed.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         1136.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 1136 would be left pending. 
          
         At 9:30 a.m. Senator Nelson resumed the chair.   
          
         The Chair laid out Senate Bill 1012 and recognized its author,  
         Senator West, to explain the bill. 
          
         Senator West explained the bill. 
         Senator West sent up a committee substitute; the chair  
         recognized Senator West to explain the difference between the  
         committee substitute and the bill as filed.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         1012.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 1012 would be left pending.
                                                                            
         The Chair laid out Senate Bill 1132 and recognized its author,  
         Senator Williams, to explain the bill. 
          
         Senator Williams explained the bill. 
          
         Senator Gallegos sent up a committee substitute; the chair  
         recognized Senator Williams to explain the difference between  
         the committee substitute and the bill as filed.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         1132.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         A quorum was established at 9:53 a.m.    
          
         Senator Zaffirini moved that the minutes from the previous  
         hearing be approved; without objection, the minutes were  
         approved by unanimous consent.  
          
         At 9:55 a.m. Senator Zaffirini assumed the chair.   
          
         The Chair recalled Senate Bill 160 which had previously been  
         left pending. 
          
         Senator Nelson moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered.  
          
         Senator Nelson moved that Senate Bill 160 do not pass but that  
         CSSB 160 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.  
         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 610 which had previously been  
         left pending. 
          
         Senator Nelson moved that Senate Bill 610 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.   
          
         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 1136 which had previously been  
         left pending.  
                                                                            
         Senator Nelson moved adoption of the committee substitute which  
         had been previously laid out; without objection, it was so  
         ordered.  
          
         Senator Nelson moved that Senate Bill 1136 do not pass but that  
         CSSB 1136 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.   
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 10:05 a.m. Senator Nelson resumed the chair.   
          
         The Chair recalled Senate Bill 1299 which had previously been  
         left pending. 
          
         Senator Gallegos moved that Senate Bill 1299 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.   
          
         Senator Gallegos moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chair recalled Senate Bill 1012 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 1012 do not pass but that  
         CSSB 1012 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.   
          
         Senator West moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The Chair recalled Senate Bill 1409 which had previously been  
         left pending. 
          
         Senator Deuell moved that Senate Bill 1409 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.   
          
         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 1410 which had previously been  
         left pending. 
          
         Senator Deuell sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Deuell  
         requested unanimous consent to roll the amendment into a  
         committee substitute; without objection, it was so ordered.   
         Senator Deuell then moved that the committee substitute be  
         adopted; without objection, it was so ordered.   
          
         Senator Deuell moved that Senate Bill 1410 do not pass but that  
         CSSB 1410 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.   
          
         Senator Deuell 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 1073 and recognized its author,  
         Senator West, to explain the bill. 
          
         Senator West explained the bill. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1073.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         Senator West moved that Senate Bill 1073 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.  Senator Lindsay asked  
         to be shown voting aye; without objection, it was so ordered. 
          
         Senator West 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 1074 and recognized its author,  
         Senator West, to explain the bill. 
          
         Senator West sent up a committee substitute; the chair  
         recognized Senator West to explain the difference between the  
         committee substitute and the bill as filed.  Senator West moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         1074.  Witnesses testifying and registering on the bill are  
         shown on the attached list.               
         The Chair closed public testimony. 
          
         Senator West moved that Senate Bill 1074 do not pass but that  
         CSSB 1074 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.  Senator Lindsay asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         Senator West 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 1075 and recognized its author,  
         Senator West, to explain the bill. 
          
         Senator West sent up a committee substitute; the chair  
         recognized Senator West to explain the difference between the  
         committee substitute and the bill as filed.  Senator West moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         1075.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony.  
          
         Senator West moved that Senate Bill 1075 do not pass but that  
         CSSB 1075 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.  Senator Lindsay asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         The Chair laid out Senate Bill 58 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini explained the bill. 
          
         Senator Zaffirini sent up a committee substitute; the chair  
         recognized Senator Zaffirini to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Zaffirini moved adoption of the committee substitute; without  
         objection, it was so ordered.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         58.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 58 would left pending. 
                                                                            
         The Chair laid out Senate Bill 245 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini explained the bill. 
          
         The Chair announced that Senate Bill 245 would be left pending. 
         The Chair laid out Senate Bill 1744 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini explained the bill. 
          
         Senator Zaffirini sent up Committee Amendment 1. 
          
         The Chair announced that Senate Bill 1744 would be left pending. 
          
         At 10:45 a.m. Senator Carona moved that the Committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 3:15 p.m. the Committee reconvened.   
          
         The Chair laid out Senate Bill 1553 and recognized its author,  
         Senator Janek, to explain the bill. 
          
         Senator Janek explained the bill. 
          
         Senator Janek sent up a committee substitute. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1553.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 1553 would be left pending. 
          
         The Chair laid out Senate Bill 1571 by Senator Carona and  
         recognized Senator Deuell to explain the bill. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1571.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         Senator Lindsay moved that Senate Bill 1571 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. 
          
         The Chair laid out Senate Bill 1283 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  
         1283.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         Senator Gallegos  moved that Senate Bill 1283 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 Gallegos 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 1148 and recognized its author,  
         Senator Shapleigh, to explain the bill. 
          
         Senator Shapleigh explained the bill. 
          
         Senator Gallegos sent up a committee substitute; the chair  
         recognized Senator Shapleigh to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Gallegos moved adoption of the committee substitute; without  
         objection, it was so ordered.   
          
         The Chair sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Deuell  
         requested unanimous consent to roll the amendment into a new  
         committee substitute; without objection, it was so ordered.   
         Senator Deuell then moved that the committee substitute be  
         adopted; without objection, it was so ordered.    
          
         Senator Gallegos  moved that Senate Bill 1148 do not pass but  
         that CSSB 1148 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 Gallegos  moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chair recalled Senate Bill 1131which had previously been  
         left pending. 
          
         Senator Janek moved that the Committee reconsider the vote by  
         which Committee Amendment 1 was adopted; without objection, the  
         motion carried.  Senator Lindsay moved to withdraw the  
         amendment; without objection, it was so ordered. 

         The Chair sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.   
          
         The Chair moved adoption of the committee substitute which had  
         previously been laid out; without objection, the substitute was  
         adopted.  The Chair requested unanimous consent to incorporate  
         the amendment into the committee substitute; without objection,  
         it was so ordered.  Senator Nelson then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.   
          
         Senator Janek moved that Senate Bill 1131 do not pass but that  
         CSSB 1131 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 6 ayes, 0 nays, 0 present not voting, and 3  
         absent.  Senator 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 58 which had previously been left  
         pending. 
          
         Senator Janek moved that Senate Bill 58 do not pass but that  
         CSSB 58 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. 
          
         At 3:50 p.m. Senator Lindsay assumed the chair.   
                                                                            
         The Chair recalled Senate Bill 245 which had previously been  
         left pending. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         245.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 245 would be left pending. 
          
         The Chair recalled Senate Bill 1744 which had previously been  
         left pending. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1744.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 1744 would be left pending. 
          
         There being no further business, at 4:00 p.m. The Chair 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