MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Thursday, May 22, 2003
9:00 a.m.
Capitol Extension, Room E1.016
*****
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 Thursday, May 22, 2003, in the
Capitol Extension, Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jane Nelson Senator John Carona
Senator Kyle Janek Senator Bill Ratliff
Senator Bob Deuell
Senator Mario Gallegos, Jr.
Senator Jon Lindsay
Senator Royce West
Senator Judith Zaffirini
*****
The Chair called the meeting to order at 9:08 a.m. The
following business was transacted:
The Chair laid out House Bill 1350 and recognized its Senate
sponsor, Senator Shapleigh, to explain the bill.
Senator Shapleigh 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 3200 and recognized its Senate
sponsor, Senator Armbrister, to explain the bill.
Senator Armbrister 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 3174 and recognized its Senate
sponsor, Senator Averitt, to explain the bill.
Senator Averitt 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 3460 and recognized its Senate
sponsor, Senator Averitt, to explain the bill.
Senator Averitt 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 2692 and recognized its Senate
sponsor, Senator Zaffirini, to explain the bill.
Senator Zaffirini 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 2970 and recognized its Senate
sponsor, Senator Zaffirini, to explain the bill.
Senator Zaffirini 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 1920 and recognized its Senate
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 3
sponsor, Senator Zaffirini, to explain the bill.
Senator Zaffirini 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 2721 and recognized its Senate
sponsor, Senator Van de Putte, to explain the bill.
Senator Van de Putte 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 1869, sponsored by Senator
Williams, and recognized Senator Deuell to explain the bill.
Senator Deuell explained the bill.
Senator Deuell sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
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 Concurrent Resolution 125, sponsored by
Senator Carona, and recognized Senator Deuell to explain the
resolution.
Senator Deuell explained the resolution.
The Chair opened the floor for public testimony. Witnesses
testifying and registering on the resolution are shown on the
attached list.
The Chair closed public testimony.
The Chair announced that the resolution would be left pending.
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 4
The Chair laid out House Bill 1686 and recognized its Senate
sponsor, Senator Deuell, to explain the bill.
Senator Deuell 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 3264 and recognized its Senate
sponsor, Senator Deuell, to explain the bill.
Senator Deuell 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 Concurrent Resolution 103 and
recognized its Senate sponsor, Senator Jackson, to explain the
resolution.
Senator Jackson explained the resolution.
Senator Deuell sent up a committee substitute.
The Chair opened the floor for public testimony. Witnesses
testifying and registering on the resolution are shown on the
attached list.
The Chair closed public testimony.
The Chair announced that the resolution would be left pending.
The Chair laid out House Bill 3194, sponsored by Senator Janek,
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 341 and recognized its Senate
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 5
sponsor, Senator Lindsay, to explain the bill.
Senator Lindsay explained the bill.
Senator Lindsay sent up a committee substitute.
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 2075 and recognized its Senate
sponsor, Senator Fraser, to explain the bill.
Senator Fraser explained the bill.
Senator Fraser sent up a committee substitute.
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 10:15 a.m. Senator Lindsay assumed the chair.
The Chair laid out House Bill 1921, sponsored by Senator
Zaffirini, and recognized 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 10:30 a.m. Senator Nelson resumed the chair.
At 10:30 a.m. Senator Lindsay moved that the committee stand
recessed subject to the call of the Chair; without objection, it
was so ordered.
At 6:30 p.m. the Committee reconvened.
The Chair laid out House Bill 1090, and recognized its Senate
sponsor, Senator Averitt, to explain the bill.
Senator Averitt explained the bill.
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 6
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 6:35 p.m. Senator Lindsay assumed the chair.
The Chair laid out House Bill 1859, sponsored by Senator
Whitmire, and recognized 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 6:40 p.m. Senator Nelson resumed the Chair.
The Chair recalled House Bill 3174 which had previously been
left pending.
Senator Gallegos moved that House Bill 3174 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
Zaffirini asked to be shown voting aye; without objection, it
was so ordered.
Senator Gallegos moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair recalled House Bill 3460 which had previously been
left pending.
Senator Janek moved that House Bill 3460 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 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.
The Chair recalled House Bill 1859 which had previously been
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 7
left pending.
Senator Deuell moved that House Bill 1859 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 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 1869 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 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 House Bill 1869 do not pass but that CSHB 1869 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
Zaffirini 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 2075 which had previously been
left pending.
The Chair pulled the bill down.
The Chair recalled House Bill 2721 which had previously been
left pending.
Senator Janek moved that House Bill 2721 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 6 ayes, 0
nays, 0 present not voting, and 3 absent.
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 3200 which had previously been
left pending.
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 8
Senator Janek moved that House Bill 3200 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 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.
The Chair recalled House Concurrent Resolution 103 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 Janek moved that House Concurrent Resolution 103 do not
pass but that CSHCR 103 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 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.
The Chair recalled House Bill 1920 which had previously been
left pending.
Senator Janek moved that House Bill 1920 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 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.
The Chair recalled House Bill 1921 which had previously been
left pending.
Senator Janek moved that House Bill 1921 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 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
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 9
so ordered.
The Chair recalled House Bill 2692 which had previously been
left pending.
Senator Lindsay moved that House Bill 2692 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 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 2970 which had previously been
left pending.
Senator West moved that House Bill 2970 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 Zaffirini
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 1686 which had previously been
left pending.
Senator Deuell moved that House Bill 1686 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 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 3264 which had previously been
left pending.
Senator Deuell moved that House Bill 3264 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 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
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 10
so ordered.
The Chair recalled House Bill 341 which had previously been left
pending.
Senator Lindsay moved adoption of the Committee Substitute which
had previously been laid out; without objection, the substitute
was adopted.
Senator Lindsay moved that House Bill 341 do not pass but that
CSHB 341 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 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 3194 which had previously been
left pending.
Senator Janek moved that House Bill 3194 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 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.
The Chair recalled House Concurrent Resolution 125 which had
previously been left pending.
Senator Gallegos moved that House Concurrent Resolution 125 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
Zaffirini asked to be shown voting aye; without objection, it
was so ordered.
Senator Gallegos moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair recalled House Bill 1090 which had previously been
left pending.
Senator West moved that House Bill 1090 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 6 ayes, 0
nays, 0 present not voting, and 3 absent.
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 11
Senator West moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
At 7:05 p.m. Senator Janek assumed the chair.
The Chair recalled House Bill 1515 which had previously been
left pending.
Senator Nelson moved that House Bill 1515 be reported favorably
to the Senate with the recommendation that it do pass and be
printed. The motion failed with a record vote of 4 ayes, 2
nays, 0 present not voting, and 0 absent.
The Chair recalled House Bill 1971 which had previously been
left pending.
Senator West sent up a committee substitute; the Chair
recognized Senator West to explain the difference between the
committee substitute and the bill as filed. Senator Deuell
moved adoption of the committee substitute; without objection,
it was so ordered.
Senator Nelson moved that House Bill 1971 do not pass but that
CSHB 1971 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, 0 nays, 0 present not voting, and 3
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 1614 which had previously been
left pending and for which a committee substitute had previously
been adopted.
Senator Janek moved that House Bill 1614 do not pass but that
CSHB 1614 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion failed with a record
vote of 4 ayes, 2 nays, 0 present not voting, and 3 absent.
There being no further business, at 7:15 p.m. the Chair moved
that the Committee be adjourned. Without objection, it was so
ordered.
______________________
Senator Jane Nelson, Chair
______________________
Travis Broussard, Clerk
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Minutes
Monday, May 26, 2003
page 12