MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                               Tuesday, May 20, 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, May 20, 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.  The  
         following business was transacted:   
          
         The Chair laid out House Bill 1614 and recognized its Senate  
         sponsor, Senator Madla, to explain the bill. 
          
         Senator Madla explained the bill. 
          
         The Chair sent up a committee substitute; the Chair recognized  
         Senator Madla to explain the difference between the committee  
         substitute and the bill as filed.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 2866 and recognized its Senate  
         sponsor, Senator Madla, to explain the bill. 
          
         Senator Madla explained the bill. 
          
         The Chair sent up a committee substitute; the Chair recognized  
         Senator Madla to explain the difference between the committee  
         substitute and the bill as filed.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending.     
          
         The Chair laid out House Bill 3193 and recognized its Senate  
         sponsor, Senator Madla, to explain the bill. 
          
         Senator Madla explained the bill.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending.     
          
         The Chair laid out House Bill 1097, sponsored by Senator  
         Gallegos, and recognized Senator Madla, to explain the bill. 
          
         Senator Madla explained the bill.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending.     
         The Chair laid out House Bill 3122 and recognized its Senate  
         sponsor, Senator Lindsay, to explain the bill. 
          
         Senator Lindsay explained the bill.      
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         At 9:35 a.m. Senator Janek assumed the chair.  
          
         The Chair laid out House Bill 2609 and recognized its Senate  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
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                                                      Tuesday, May 20, 2003 
                                                                      page   3 
                                                                            
         sponsor, Senator Nelson, to explain the bill 
          
         Senator Nelson explained the bill.  
          
         Senator Nelson sent up Committee Amendment 1. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 2985 and recognized its Senate  
         sponsor, Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill.  
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 1515 and recognized its Senate  
         sponsor, Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill.  
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 2208 and recognized its Senate  
         sponsor, Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill.  
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         At 9:50 a.m. Senator Nelson resumed the chair.   
          
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                                                      Tuesday, May 20, 2003 
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         The Chair laid out House Bill 3011 and recognized its Senate  
         sponsor, Senator Hinojosa, to explain the bill. 
          
         Senator Hinojosa explained the bill.     
          
         Senator Janek sent up Committee Amendment 1. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 3014 and recognized its Senate  
         sponsor, Senator Janek, to explain the bill. 
         Senator Janek explained the bill.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 253, sponsored by Senator  
         Armbrister, and recognized Senator Lindsay to explain the bill. 
          
         Senator Lindsay explained the bill.      
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 1678, sponsored by Senator  
         Armbrister, and recognized Senator Lindsay to explain the bill. 
          
         Senator Lindsay explained the bill.      
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 2099, sponsored by Senator West,  
         and recognized Senator Lindsay to explain the bill. 
  
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                                                      Tuesday, May 20, 2003 
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         Senator Lindsay explained the bill.      
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
         The Chair closed public testimony.  
          
         The Chair announced that the bill would be left pending.     
          
         The Chair laid out House Bill 867, sponsored by Senator Deuell,  
         and recognized Senator Lindsay to explain the bill. 
          
         Senator Lindsay explained the bill.      
          
         The Chair sent up a committee substitute; the chair recognized  
         Senator Lindsay to explain the difference between the committee  
         substitute and the bill as filed.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 3486, sponsored by Senator Deuell,  
         and recognized Senator Lindsay to explain the bill. 
          
         Senator Lindsay explained the bill.      
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         At 10:10 a.m. Senator Lindsay assumed the chair.  
          
         The Chair laid out House Bill 1483 and recognized its Senate  
         sponsor, Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill. 
          
         Senator Nelson sent up Committee Amendment 1.      
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony.  
          
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                                                                    Minutes 
                                                      Tuesday, May 20, 2003 
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         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 1949, by Senator Harris, and  
         recognized Senator Lindsay to explain the bill. 
          
         Senator Lindsay explained the bill. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony.  
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 2019, sponsored by Senator Harris,  
         and recognized Senator Lindsay to explain the bill. 
          
         Senator Lindsay explained the bill. 
          
         Senator Lindsay sent up Committee Amendment 1. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         The Chair closed public testimony.  
          
         The Chair announced that the bill would be left pending. 
         At 10:55 a.m. the Chair announced that the Committee would stand  
         in recess and would reconvene upon adjournment of the Senate. 
          
         At 3:50 p.m. the Committee reconvened and a quorum was  
         established. 
          
         Senator West moved adoption of the minutes from the previous two  
         hearings; without objection, the minutes were adopted. 
          
         At 3:52 p.m. Senator Janek assumed the chair.   
         The Chair recalled House Bill 1483 which had previously been  
         left pending. 
          
         Senator Nelson moved adoption of Committee Amendment 1, which  
         had previously been laid out, and moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Deuell sent up Committee Amendment 2 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Nelson requested unanimous consent to incorporate  
         amendments 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 Nelson moved that House Bill 1483 do not pass  
         but that CSHB 1483 be reported back to the Senate with the  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
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                                                      Tuesday, May 20, 2003 
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         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.   
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair recalled House Bill 1515 which had previously been  
         left pending. 
          
         Senator Nelson explained the bill. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair recalled House Bill 2208 which had previously been  
         left pending. 
          
         Senator Nelson moved that House Bill 2208 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.   
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair recalled House Bill 2609 which had previously been  
         left pending. 
          
         Senator Nelson moved that House Bill 2609 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.   
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair recalled House Bill 2985 which had previously been  
         left pending. 
          
         Senator Nelson moved that House Bill 2985 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.   
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 4:05 p.m. Senator Nelson resumed the chair.   
          
         The Chair recalled House Bill 253 which had previously been left  
         pending. 
          
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                                                                    Minutes 
                                                      Tuesday, May 20, 2003 
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         Senator Deuell moved that House Bill 253 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.   
          
         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 1678 which had previously been  
         left pending.   
          
         Senator Gallegos  moved that House Bill 1678 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.   
          
         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 1614 which had previously been  
         left pending. 
          
         The Chair moved adoption of the committee substitute which had  
         previously been laid out; without objection, the substitute was  
         adopted. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair recalled House Bill 2866 which had previously been  
         left pending. 
          
         The Chair moved adoption of the committee substitute which had  
         previously been laid out; without objection, the substitute was  
         adopted. 
          
         Senator Zaffirini moved that House Bill 2866 do not pass but  
         that CSHB 2866 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.   
          
         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 3193 which had previously been  
         left pending. 
          
         Senator Janek moved that House Bill 3193 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.   
          
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                                                      Tuesday, May 20, 2003 
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         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 3011 which had previously been  
         left pending. 
          
         The Chair moved that Committee Amendment 1, which had previously  
         been laid out, be adopted; without objection, the amendment was  
         adopted. 
          
         The Chair requested unanimous consent to incorporate the  
         amendment into the committee substitute; without objection, it  
         was so ordered.  The Chair then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator Deuell moved that House Bill 3011 do not pass but that  
         CSHB 3011 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.   
          
         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 1949 which had previously been  
         left pending. 
          
         Senator Carona moved that Senate Bill 1949 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.  
          
         The Chair recalled House Bill 2019 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 requested unanimous consent to incorporate the  
         amendment into the committee substitute; without objection, it  
         was so ordered.  Senator West then moved that the new committee  
         substitute be adopted; without objection, it was so ordered.   
         Senator West moved that House Bill 2019 do not pass but that  
         CSHB 2019 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.    
          
         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 867 which had previously been left  
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                      Tuesday, May 20, 2003 
                                                                      page  10 
                                                                            
         pending. 
          
         Senator Deuell moved adoption of the committee substitute which  
         had previously been laid out; without objection, the substitute  
         was adopted. 
          
         Senator Deuell moved that House Bill 867 do not pass but that  
         CSHB 867 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.    
          
         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 3486 which had previously been  
         left pending. 
          
         Senator Deuell moved adoption of Committee Amendment 1 which had  
         previously been laid out; without objection, the amendment was  
         adopted. 
          
         Senator Deuell requested unanimous consent to incorporate the  
         amendment into the committee substitute; without objection, it  
         was so ordered.  Senator Deuell then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Deuell moved that House Bill 3486 do not pass  
         but that CSHB 3486 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.  Senator 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 House Bill 1097 which had previously been  
         laid out. 
          
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                                                                    Minutes 
                                                      Tuesday, May 20, 2003 
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         Senator Gallegos moved adoption of the committee substitute  
         which had previously been laid out; without objection, the  
         substitute was adopted. 
          
         Senator Gallegos, Jr. moved that House Bill 1097 do not pass but  
         that CSHB 1097 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.  Senator Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         Senator Gallegos, Jr. moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The Chair recalled House Bill 2099 which had previously been  
         left pending. 
          
         Senator West moved that House Bill 2099 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.   
          
         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 3122 which had previously been  
         left pending. 
          
         Senator Lindsay moved that House Bill 3122 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.  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 House Bill 3014 which had previously been  
         left pending. 
          
         Senator Janek moved that House Bill 3014 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.  Senator 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.   
          
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                                                                    Minutes 
                                                      Tuesday, May 20, 2003 
                                                                      page  12 
                                                                            
         The Chair recalled Senate Bill 990 which had previously failed  
         to receive an affirmative vote. 
          
         Senator Carona moved to reconsider the vote and moved that  
         Senate Bill 990  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, 2 nays, 0 present not  
         voting, and 0 absent.  
          
         There being no further business, at 4:30 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 
                                                      Tuesday, May 20, 2003 
                                                                      page  13