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