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
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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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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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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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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
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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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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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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
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Tuesday, May 20, 2003
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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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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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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
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Tuesday, May 20, 2003
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