MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                Friday, May 16, 2003 
                           4:00 p.m. or upon adjournment 
                               Senator Nelson's Desk 
                                           
                                       ***** 
                                           
         Pursuant to suspension of Senate Rule 11.18, a public hearing of  
         the Senate Committee on Health & Human Services was held on  
         Friday, May 16, 2003, in the Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     Senator John Carona 
         Senator Kyle Janek                       
         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 4:15 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The Chair recalled Senate Bill 990 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 990 do not pass but that  
         CSSB 990 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion failed by a record  
         vote of 3 ayes, 4 nays, 0 present not voting, and 2 absent.   
         Senator Gallegos asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         The Chair recalled Senate Bill 1086 which had previously been  
         left pending. 
          
         Senator Zaffirini moved that Senate Bill 1086 be reported  
         favorably to the Senate with the recommendation that it do pass  
         and be printed.  The motion carried with a record vote of 5  
         ayes, 2 nays, 0 present not voting, and 2 absent.  Senator  
         Gallegos asked to be shown voting nay; without objection, it was  
         so ordered. 
  
         The Chair recalled Senate Bill 1132 which had previously been  
         left pending. 
          
         The Chair moved adoption of the committee substitute which had  
         previously been laid out; without objection, it was so ordered. 
          
         Senator West sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West requested unanimous consent to roll the amendment  
         into a committee substitute; without objection, it was so  
         ordered.  Senator West then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator West  
         moved that Senate Bill 1132 do not pass but that CSSB 1132 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  
         Gallegos asked to be shown voting aye; without objection, it was  
         so ordered. 
          
         The Chair recalled Senate Bill 1587 which had previously been  
         left pending. 
          
         Senator Lindsay moved that Senate Bill 1587 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  
         Gallegos and West asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         The Chair recalled Senate Bill 1787 which had previously been  
         left pending. 
          
         Senator Zaffirini sent up Committee Amendment 1 and moved  
         adoption; without objection, it was so ordered. 
          
         Senator Zaffirini requested unanimous consent to roll the  
         amendment into a committee substitute; without objection, it was  
         so ordered.  Senator Zaffirini then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Zaffirini moved that Senate Bill 1787 do not pass but  
         that CSSB 1787 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, 1 nay, 0 present not  
         voting, and 2 absent.  Senator Gallegos asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         The Chair recalled House Bill 21 which had previously been left  
         pending. 
          
         Senator Deuell moved that House Bill 21 be reported favorably to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 5 ayes, 2  
         nays, 0 present not voting, and 2 absent.  Senator Gallegos  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                       Friday, May 16, 2003 
                                                                      page   3 
                                                                            
         asked to be shown voting nay; without objection, it was so  
         ordered.  
          
         The Chair recalled House Bill 111 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 HB 111 do not pass but that CSSB 111  
         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, 1 nay, 0 present not voting, and 2 absent.  Senator  
         Gallegos asked to be shown voting aye; without objection, it was  
         so ordered.  
          
         The Chair recalled House Bill 653 which had previously been left  
         pending. 
          
         Senator Janek moved that House Bill 653 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  
         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 House Bill 727 which had previously been left  
         pending. 
          
         Senator Janek moved that Committee Amendment 2, which had  
         previously been sent up, be adopted; without objection, it was  
         so ordered. 
          
         Senator Janek moved that Committee Amendment 3, which had  
         previously been sent up, be adopted; without objection, it was  
         so ordered. 
          
         Senator Janek requested unanimous consent to roll the amendments  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Janek then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator Janek  
         moved that House Bill 727 do not pass but that CSSB 727 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  
         Gallegos and West asked to be shown voting aye; without  
         objection, it was so ordered.  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                       Friday, May 16, 2003 
                                                                      page   4 
                                                                            
         Senator Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair recalled House Bill 728 which had previously been left  
         pending. 
          
         Senator Deuell moved that House Bill 728 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 Gallegos and  
         West asked to be shown voting aye; without objection, it was so  
         ordered.  
          
         The Chair recalled House Bill 1077 which had previously been  
         left pending. 
          
         Senator Lindsay moved that House Bill 1077 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  
         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 recalled House Bill 1119 which had previously been  
         left pending. 
          
         Senator Janek sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Janek requested unanimous consent to roll the amendment  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Janek then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator Janek  
         moved that House Bill 1119 do not pass but that CSSB 1119 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  
         Gallegos and West 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 1723 which had previously been  
         left pending. 
          
         The Chair moved adoption of Committee Amendment 1 which had  
         previously been sent up; without objection, it was so ordered. 
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                       Friday, May 16, 2003 
                                                                      page   5 
                                                                            
         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 House Bill 1723 do not pass but that  
         CSSB 1723 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 West asked to be shown voting  
         aye; without objection, it was so ordered.  
          
         The Chair recalled House Bill 1743 which had previously been  
         left pending. 
          
         The Chair sent up a committee substitute; the Chair moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.   
          
         Senator Janek moved that House Bill 1743 do not pass but that  
         CSSB 1743 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 West 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 House Bill 1886 which had previously been  
         left pending. 
          
         Senator Deuell moved that House Bill 1886 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  
         nay, 0 present not voting, and 1 absent.  Senators Gallegos and  
         West asked to be shown voting aye; without objection, it was so  
         ordered.  
          
         The Chair recalled House Bill 2058 which had previously been  
         left pending. 
          
         Senator Zaffirini moved that House Bill 2058 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 West asked to be shown voting aye; without  
         objection, it was so ordered.  
          
         Senator Zaffirini moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chair recalled House Bill 2131 which had previously been  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                       Friday, May 16, 2003 
                                                                      page   6 
                                                                            
         left pending. 
          
         Senator Deuell moved that House Bill 2131 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  
         West 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 House Bill 2185 which had previously been  
         left pending. 
          
         Senator Ratliff sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Ratliff requested unanimous consent to roll the  
         amendment into a committee substitute; without objection, it was  
         so ordered.  Senator Ratliff then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Ratliff moved that House Bill 2185 do not pass but that  
         CSSB 2185 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 West asked to be shown voting  
         aye; without objection, it was so ordered.  
          
         The Chair recalled House Bill 2350 which had previously been  
         left pending. 
          
         The Chair sent up a committee substitute; the Chair moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.   
                                   
         Senator Deuell moved that House Bill 2350 do not pass but that  
         CSSB 2350 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 West 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 House Bill 2886 which had previously been  
         left pending. 
          
         Senator Lindsay moved that House Bill 2886 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 West asked to be shown voting aye; without objection, it was  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                       Friday, May 16, 2003 
                                                                      page   7 
                                                                            
         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 806 which had previously been  
         left pending. 
          
         Senator Zaffirini moved that Senate Bill 806 be reported  
         favorably to the Senate with the recommendation that it do pass  
         and be printed.  The motion carried with a record vote of 5  
         ayes, 2 nays, 0 present not voting, and 2 absent.   
          
         There being no further business, at 4:37 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