MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                              Tuesday, April 29, 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 29, 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 9:00 a.m.  The  
         following business was transacted:   
          
         The Chair laid out Senate Bill 241 and recognized its author,  
         Senator Shapleigh, to explain the bill. 
          
         The Chair sent up a committee substitute. 
          
         Senator Shapleigh explained the substitute. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         241.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 241 would be left pending. 
          
         The Chair laid out Senate Concurrent Resolution 14 and  
         recognized its author, Senator Shapleigh, to explain the  
         resolution. 
          
         Senator Shapleigh explained the resolution. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         14.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         A quorum was established at 9:25 a.m. 
          
         The Chair closed public testimony. 
          
         Senator West asked to be shown voting aye on House Bill 1322,  
         and Senate Bills 593, 1392, and 1498 which had been voted on at  
         the previous hearing.  There being no objection, it was so  
         ordered. 
          
         Senator Ratliff moved that the minutes from the previous hearing  
         be approved; without objection, the minutes were approved by  
         unanimous consent.   
          
         The Chair recalled Senate Bill 241 which had previously been  
         left pending.  Senator Ratliff moved adoption of the committee  
         substitute which had previously been laid out; without  
         objection, it was so ordered. 
          
         Senator Ratliff moved that Senate Bill 241 do not pass but that  
         CSSB 241 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 Ratliff moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair recalled Senate Concurrent Resolution 14. 
          
         Senator Ratliff moved that Senate Concurrent Resolution 14 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  
         West and Zaffirini asked to be shown voting aye; without  
         objection, it was so ordered. 
         Senator Ratliff moved that the resolution be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chair laid out House Bill 263 and recognized its sponsor,  
         Senator Ellis, to explain the bill. 
          
         Senator Ellis explained the bill. 
          
         The Chair opened the floor for public testimony on House Bill  
         263. Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                   Thursday, April 24, 2003 
                                                                      page   3 
                                                                            
         Senator Gallegos moved that House Bill 263 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 Ratliff moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair laid out House Bill 1364 and recognized its sponsor,  
         Senator Ellis, to explain the bill. 
          
         Senator Ellis explained the bill. 
          
         The Chair opened the floor for public testimony on House Bill  
         1364. Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         Senator Carona moved that House Bill 1364 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 Ratliff 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 1662 and recognized its author,  
         Senator Duncan, to explain the bill. 
          
         Senator Duncan explained the bill. 
          
         Senator Janek sent up a committee substitute; Senator Janek  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.   
          
         Senator Duncan explained the substitute. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1662.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         Senator Janek moved that Senate Bill 1662 do not pass but that  
         CSSB 1662 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  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                   Thursday, April 24, 2003 
                                                                      page   4 
                                                                            
         absent.  Senators West and Zaffirini asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         At 9:45 a.m. Senator Janek assumed the chair.   
          
         The Chair laid out House Concurrent Resolution 56 and recognized  
         its sponsor, Senator Nelson, to explain the resolution. 
          
         Senator Nelson explained the resolution. 
          
         The Chair opened the floor for public testimony on House  
         Concurrent Resolution 56.  Witnesses testifying and registering  
         on the bill are shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that House Concurrent Resolution would be  
         left pending. 
          
         The Chair laid out House Concurrent Resolution 57 and recognized  
         its sponsor, Senator Nelson, to explain the resolution. 
          
         Senator Nelson explained the resolution. 
          
         The Chair opened the floor for public testimony on House  
         Concurrent Resolution 57.  Witnesses testifying and registering  
         on the bill are shown on the attached list.   
          
         The Chair closed public testimony. 
          
         At 10:15 a.m. Senator Nelson resumed the chair. 
          
         At 10:15 a.m. The Chair moved that the Committee stand recessed  
         until adjournment of the Senate. 
              
         At 6:00 p.m. the Committee reconvened.   
          
         The Chair laid out Senate Bill 398 and recognized its author,  
         Senator Shapleigh, to explain the bill. 
          
         At 6:05 p.m., Senator Janek assumed the chair. 
          
         Senator Shapleigh explained the bill. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         398.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony.  
          
         The Chair announced that Senate Bill 398 would be left pending. 
          
         The Chair laid out Senate Bill 56 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                   Thursday, April 24, 2003 
                                                                      page   5 
                                                                            
         Senator Gallegos sent up a committee substitute; the Chair  
         recognized Senator Zaffirini to explain the difference between  
         the committee substitute and the bill as filed.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         56.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 56 would be left pending.    
          
         At 6:35 p.m. Senator Nelson resumed the chair.   
          
         The Chair laid out Senate Bill 70 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini explained the bill. 
          
         Senator Zaffirini sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         70.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
                                        
         The Chair announced that Senate Bill 70 would be left pending. 
          
         The Chair laid out Senate Bill 216 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         216.  Witnesses testifying and registering on the bill are shown  
         on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 216 would be left pending. 
          
         The Chair laid out Senate Bill 1743 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1743.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 1743 would be left pending. 
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                   Thursday, April 24, 2003 
                                                                      page   6 
                                                                            
         The Chair laid out Senate Bill 1062 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  
         1062.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 1062 would be left pending. 
          
         The Chair laid out Senate Concurrent Resolution 25 by Senator  
         Jackson and recognized Senator Gallegos to explain the bill. 
          
         Senator Gallegos explained the bill. 
          
         The Chair opened the floor for public testimony on Senate  
         Concurrent Resolution 25.  Witnesses testifying and registering  
         on the bill are shown on the attached list.   
          
         The Chair closed public testimony.       
          
         The Chair announced that Senate Concurrent Resolution 25 would  
         be left pending. 
          
         The Chair laid out Senate Bill 1730 and recognized its author,  
         Senator Gallegos, to explain the bill. 
          
         Senator Gallegos sent up a committee substitute; the chair  
         recognized Senator Gallegos to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Gallegos, Jr. moved adoption of the committee substitute;  
         without objection, it was so ordered.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         1730.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                   Thursday, April 24, 2003 
                                                                      page   7 
                                                                            
         The Chair closed public testimony.           
          
         The Chair announced that Senate Bill 1730 would be left pending. 
          
         The Chair laid out Senate Bill 1360 and recognized its author,  
         Senator Lindsay, to explain the bill.                   
          
         Senator Lindsay explained the bill. 
          
         Senator Lindsay sent up a committee substitute; the chair  
         recognized Senator Lindsay to explain the difference between the  
         committee substitute and the bill as filed.   
          
         Senator Lindsay sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Lindsay sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         1360.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony.  
          
         The Chair announced that Senate Bill 1360 would be left pending. 
          
         There being no further business, at 8:00 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 
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                   Thursday, April 24, 2003 
                                                                      page   8