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