MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                             Tuesday, February 22, 2005 
                                     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, February 22, 2005, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     None 
         Senator Kyle Janek 
         Senator Kenneth Armbrister 
         Senator John Carona 
         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.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Janek moved adoption of the minutes from the previous  
         hearings held on February 10, 2005, and February 15, 2005;  
         without objection, it was so ordered.   
          
         At 9:09 a.m. Senator Janek assumed the chair.   
          
         The Chair laid out the proposed committee substitute to Senate  
         Bill 6 which had previously been left pending and recognized  
         Senator Nelson to explain the bill. 
          
         Resource witnesses testifying and registering on the bill and  
         proposed amendments are shown on the attached list.   
          
         Senator Carona sent up Committee Amendment 2 and then withdrew  
         the amendment. 
          
         Senator Nelson sent up Committee Amendment 3 and explained the  
         amendment.  Senator Deuell moved adoption; without objection,  
         the amendment was adopted.   
          
         Senator Carona sent up Committee Amendment 5 and explained the  
  
         amendment.  Senator West moved adoption; without objection, the  
         amendment was adopted.   
          
         Senator Nelson sent up Committee Amendment 9 and explained the  
         amendment. 
          
         Senator Lindsay sent up Committee Amendment 10 and explained the  
         amendment. 
          
         Senator Nelson withdrew Committee Amendment 9. 
          
         Senator Armbrister moved adoption of Committee Amendment 10;  
         without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 11 and explained the  
         amendment.  Senator Nelson moved adoption; without objection,  
         the amendment was adopted.   
          
         Senator Carona sent up Committee Amendment 12a and explained the  
         amendment.  Senator Deuell moved adoption; without objection,  
         the amendment was adopted.   
          
         Senator Nelson sent up Committee Amendment 16 and explained the  
         amendment.  Senator West moved adoption; without objection, the  
         amendment was adopted.   
          
         Senator Gallegos sent up Committee Amendment 4a and explained  
         the amendment.  Senator Gallegos then withdrew the amendment. 
          
         Senator Gallegos sent up Committee Amendment 6 and explained the  
         amendment.  Senator Armbrister moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator Gallegos sent up Committee Amendment 7 and explained the  
         amendment.  Senator Gallegos then withdrew the amendment. 
          
         Senator Gallegos sent up Committee Amendment 8 and explained the  
         amendment.  Senator Gallegos then withdrew the amendment. 
          
         Senator Gallegos sent up Committee Amendment 13 and explained  
         the amendment.  Senator Gallegos then withdrew the amendment. 
          
         Senator Gallegos sent up Committee Amendment 14 and explained  
         the amendment.  Senator Deuell moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator Gallegos sent up Committee Amendment 15 and explained  
         the amendment.  Senator Gallegos then withdrew the amendment. 
          
         Senator Lindsay sent up Committee Amendment 20a and explained  
         the amendment.   
          
         The amendment was left pending. 
          
         At 10:40 a.m., the Chair announced that the Committee would  
  
         stand in recess until 30 minutes upon adjournment of the Senate. 
          
         The Committee reconvened at 12:45 p.m. 
          
         Senator Nelson gave remarks. 
          
         At 12:50 p.m. Senator Janek assumed the chair.   
          
         Discussion continued on Committee Amendment 20a.  Senator  
         Lindsay then withdrew the amendment. 
          
         Senator Nelson sent up Committee Amendment 17 and explained the  
         amendment.  Senator Deuell moved adoption; without objection,  
         the amendment was adopted.   
          
         Senator Lindsay sent up Committee Amendment 18a and explained  
         the amendment.  Senator Nelson moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator Carona sent up Committee Amendment 19 and explained the  
         amendment.  Senator Nelson moved adoption; without objection,  
         the amendment was adopted.   
          
         Senator Lindsay sent up Committee Amendment 21 and withdrew it. 
          
         Senator Lindsay sent up Committee Amendment 22 and withdrew it. 
          
         Senator Lindsay sent up Committee Amendment 23 and withdrew it. 
          
         Senator Lindsay sent up Committee Amendment 24a and explained  
         the amendment.  Senator Lindsay moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator Lindsay sent up Committee Amendment 25a and explained  
         the amendment.  Senator Deuell moved adoption; without  
         objection, the amendment was adopted.   
          
         Senator Zaffirini sent up Committee Amendment 26 and explained  
         the amendment.  Senator Carona moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Lindsay sent up Committee Amendment 27a and explained  
         the amendment.  Senator Carona moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Lindsay sent up Committee Amendment 29 and explained the  
         amendment.  Senator Carona moved adoption; without objection,  
         the amendment was adopted. 
          
         Senator Gallegos sent up Committee Amendment 31a and explained  
         the amendment.  Senator Carona moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Zaffirini sent up Committee Amendment 32 and explained  
         the amendment.  Senator Carona moved adoption; without  
  
         objection, the amendment was adopted. 
          
         At 1:50 p.m. Senator Zaffirini assumed the chair.   
          
         Senator Janek sent up Committee Amendment 33 and explained the  
         amendment.  Senator Gallegos moved adoption; without objection,  
         the amendment was adopted. 
          
         At 2:00 p.m. Senator Janek assumed the chair. 
          
         Senator Lindsay sent up Committee Amendment 34a and explained  
         the amendment.  Senator Lindsay then withdrew the amendment. 
          
         Senator Carona sent up Committee Amendment 35a and explained the  
         amendment.  Senator Zaffirini moved adoption; without objection,  
         the amendment was adopted. 
          
         Senator Zaffirini sent up Committee Amendment 37 and explained  
         the amendment.  Senator Armbrister moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Nelson sent up Committee Amendment 39 and explained the  
         amendment.  Senator Armbrister moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Lindsay sent up Committee Amendment 42.  The Chair left  
         it pending. 
          
         Senator Zaffirini sent up Committee Amendment 44 and explained  
         the amendment.  Senator Lindsay moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Lindsay sent up Committee Amendment 43 and explained the  
         amendment.  Senator Armbrister moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Lindsay sent up Committee Amendment 45 and then withdrew  
         it. 
          
         Senator Gallegos sent up Committee Amendment 46, and Senator  
         Armbrister sent up Committee Amendment 47.  Senator Gallegos  
         explained Committee Amendment 46.  Senator Armbrister withdrew  
         Committee Amendment 47.  Senator Zaffirini moved adoption of  
         Committee Amendment 46; without objection, the amendment was  
         adopted. 
          
         Senator Lindsay sent up Committee Amendment 48 and explained the  
         amendment.  Senator Armbrister moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Nelson sent up Committee Amendment 49 and explained the  
         amendment.  Senator Deuell moved adoption; without objection,  
         the amendment was adopted. 
          
         Senator Nelson sent up Committee Amendment 50 and explained the  
  
         amendment.  Senator Lindsay moved adoption; without objection,  
         the amendment was adopted. 
          
         Senator West sent up Committee Amendment 28a and explained the  
         amendment.  Senator Zaffirini moved adoption; without objection,  
         the amendment was adopted. 
          
         Senator West sent up Committee Amendment 30, explained the  
         amendment, and then withdrew the amendment.  Senator West then  
         sent up Committee Amendment 30a and explained the amendment.   
         Senator West moved adoption; without objection, the amendment  
         was adopted. 
          
         Senator West sent up Committee Amendment 36 and explained the  
         amendment.  Senator Nelson moved adoption; without objection,  
         the amendment was adopted. 
          
         Senator West sent up Committee Amendment 40a and explained the  
         amendment.  Senator Armbrister moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Armbrister moved to reconsider the vote by which  
         Committee Amendment 6 was adopted; without objection, it was so  
         ordered. 
          
         Senator Gallegos sent up Committee Amendment 6b and explained  
         the amendment.  Senator Gallegos moved to table Committee  
         Amendment 6; without objection, it was so ordered.  Senator  
         Armbrister moved adoption of Committee Amendment 6b; without  
         objection, the amendment was adopted. 
          
         Senator Gallegos sent up Committee Amendment 13a and explained  
         the amendment.  Senator Nelson moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Gallegos sent up Committee Amendment 15a and explained  
         the amendment.  Senator Zaffirini moved adoption; without  
         objection, the amendment was adopted. 
          
         Senator Lindsay sent up amendment 1a to Committee Amendment 1  
         which had been laid out at a previous hearing.  The Chair  
         recognized Senator Shapleigh to explain the amendment.  Senator  
         Lindsay moved adoption; without objection, the amendment was  
         adopted. 
          
         Senator Lindsay sent up amendment 1b to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
         Senator Armbrister moved adoption; without objection, the  
         amendment was adopted. 
          
         Senator Lindsay sent up amendment 1c to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
         Senator Armbrister moved adoption; without objection, the  
         amendment was adopted. 
          
         Senator Lindsay sent up amendment 1d to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
         Senator Armbrister moved adoption; without objection, the  
         amendment was adopted. 
          
         Senator Lindsay sent up amendment 1e to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
         Senator Nelson moved adoption; without objection, the amendment  
         was adopted. 
          
         Senator Lindsay sent up amendment 1f to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
         Senator Armbrister moved adoption; without objection, the  
         amendment was adopted. 
          
         Senator Lindsay sent up amendment 1g to Committee Amendment 1  
         and explained the amendment.  Senator Deuell moved adoption;  
         without objection, the amendment was adopted. 
          
         Senator Lindsay sent up amendment 1h to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
          
         At 3:55 p.m. Senator Armbrister assumed the chair. 
          
         Senator Deuell moved adoption of amendment 1h to Committee  
         Amendment 1; without objection, the amendment was adopted. 
          
         Senator Lindsay sent up amendment 1i to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
         Senator Gallegos moved adoption; without objection, the  
         amendment was adopted. 
          
         Senator Gallegos sent up amendment 1j to Committee Amendment 1.   
         The Chair recognized Senator Shapleigh to explain the amendment.   
         Senator Gallegos moved adoption; without objection, the  
         amendment was adopted. 
          
         Senator Gallegos moved adoption of Committee Amendment 1 as  
         amended; without objection, the amendment was adopted. 
          
         Senator Nelson requested unanimous consent to roll the  
         amendments into the proposed committee substitute; without  
         objection, it was so ordered.  Senator Nelson then moved that  
         the committee substitute be adopted; without objection, it was  
         so ordered.  Senator Nelson moved that Senate Bill 6 do not pass  
         but that CSSB 6 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 nay, 0 present not  
         voting, and 3 absent.   
          
         At 4:12p.m. Senator Nelson assumed the chair. 
          
         With no other business to come before the Committee, at 4:13  
         p.m. the Chair announced that the Committee would stand in  
         recess subject to the call of the Chair.  
  
         _____________________________ 
         Senator Jane Nelson, Chair 
          
         _____________________________ 
         Travis Broussard, Clerk