MINUTES SENATE COMMITTEE ON HEALTH & HUMAN SERVICES Tuesday, March 1, 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, March 1, 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 9:00 a.m. The following business was transacted: The Chair laid out Senate Bill 376 and recognized the author, Senator Madla, to explain the bill. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. With no further witnesses wishing to testify, the Chair closed public testimony. At 9:08 a.m., a quorum was established. Senator Armbrister moved that SB 376 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. Senators Gallegos, Janek, West, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out Senate Bill 316 and recognized the author, Senator Lucio, to explain the bill. At 9:10 a.m., Senator Armbrister assumed the chair. Senator Carona sent up a committee substitute; the Chair recognized Senator Lucio to explain the difference between the committee substitute and the bill as filed. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. At 9:20 a.m. Senator Nelson resumed the chair. With no further witnesses wishing to testify, the Chair closed public testimony. Senator Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that SB 316 do not pass but that CSSB 316 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. Senators Gallegos, West, and Zaffirini asked to be shown voting aye; without objection, it was so ordered. The Chair announced that the Committee would stand in recess until 10:00 a.m. The Committee reconvened at 10:20 a.m. At 10:21 a.m. Senator Gallegos assumed the chair. The Chair laid out Senate Bill 44 and recognized the author, Senator Nelson, to explain the bill. Senator Nelson sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. Senator Nelson moved that SB 44 be left pending to await a quorum; without objection, it was so ordered. The Chair laid out Senate Bill 46 and recognized the author, Senator Nelson, to explain the bill. Senator Nelson sent up a committee substitute; the Chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. With no further witnesses wishing to testify, the Chair closed public testimony. Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered. The Chair reopened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. With no further witnesses wishing to testify, the Chair closed public testimony. Senator Nelson moved that SB 46 be left pending; without objection, it was so ordered. The Chair laid out SB 44 and recognized its author, Senator Nelson, to explain the bill. Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered. Senator Nelson moved that SB 44 do not pass but that CSSB 44 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. Senators Deuell and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out Senate Bill 47 and recognized the author, Senator Nelson, to explain the bill. Senator Nelson sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. With no further witnesses wishing to testify, the Chair closed public testimony. Senator Nelson moved that SB 47 be left pending; without objection, it was so ordered. The Chair laid out Senate Bill 48 and recognized the author, Senator Nelson, to explain the bill. Senator Nelson sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered. Senator Nelson moved that SB 48 do not pass but that CSSB 48 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 Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out Senate Bill 196 and recognized the author, Senator Nelson, to explain the bill. Senator Nelson moved that SB 196 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 Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 11:20 a.m. Senator Nelson resumed the chair. The Chair laid out Senate Bill 239 and recognized the author, Senator Janek, to explain the bill. Senator Janek sent up a committee substitute; the chair recognized Senator Janek to explain the difference between the committee substitute and the bill as filed. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. With no further witnesses wishing to testify, the Chair closed public testimony. Senator Janek moved adoption of the committee substitute; without objection, it was so ordered. Senator Janek moved that SB 239 do not pass but that CSSB 239 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. Senators West and 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. Senator Janek moved adoption of the minutes from the previous hearing held on February 22, 2005; without objection, it was so ordered. With no other business to come before the Committee, at 11:35 a.m., the Chair announced 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