MINUTES SENATE COMMITTEE ON HEALTH & HUMAN SERVICES Tuesday, March 15, 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 15, 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 9:05 a.m. The following business was transacted: The Chair laid out Senate Bill 423 and recognized the author, Senator Carona, to explain the bill. Senator Carona sent up Committee Amendment 1 and explained the amendment. 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. The Chair announced that SB 423 would be left pending to await the arrival of a quorum. The Chair laid out Senate Bill 424 and recognized the author, Senator Carona, to explain the bill. Senator Carona sent up a committee substitute; the Chair recognized Senator Carona 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. The Chair announced that SB 424 would be left pending to await the arrival of a quorum. The Chair laid out Senate Bill 521 and recognized the author, Senator Madla, to explain the bill. Senator Deuell 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 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. The Chair announced that SB 521 would be left pending to await the arrival of a quorum. The Chair laid out Senate Bill 523 and recognized the author, Senator Deuell, to explain the bill. Senator Deuell sent up a committee substitute; the Chair recognized Senator Deuell 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. The Chair announced that SB 523 would be left pending to await the arrival of a quorum. The Chair laid out Senate Bill 563 and recognized the author, Senator Janek, 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. The Chair announced that SB 563 would be left pending to await the arrival of a quorum. At 9:45 a.m., Senator Janek assumed the chair. The Chair laid out Senate Bill 632 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 sent up Committee Amendment 1 and explained the amendment. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. At 10:07 a.m., Senator Zaffirini assumed the chair. At 10:10 a.m., Senator Janek assumed the chair. With no further witnesses wishing to testify, the Chair closed public testimony. At 10:20 a.m., a quorum was established. Senator Carona moved adoption of Committee Amendment 1 to the proposed committee substitute for SB 632; without objection, the amendment was adopted. Senator Zaffirini 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 SB 632 do not pass but that CSSB 632 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 Armbrister, Lindsay, and West 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 10:25 a.m. Senator Nelson resumed the chair. The Chair moved adoption of the minutes from the previous hearing held on March 8, 2005; without objection, it was so ordered. The Chair laid out SB 423 which had previously been left pending. Senator Carona moved adoption of Committee Amendment 1 to SB 423; without objection, the amendment was adopted. Senator Carona requested unanimous consent to incorporate the amendment into a committee substitute; without objection, it was so ordered. Senator Carona then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Carona moved that SB 423 do not pass but that CSSB 423 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 Armbrister, Lindsay, and West asked to be shown voting aye; without objection, it was so ordered. The Chair laid out SB 523 which had previously been left pending. Senator Deuell moved adoption of the committee substitute for SB 523; without objection, it was so ordered. Senator Deuell moved that SB 523 do not pass but that CSSB 523 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 Armbrister, Lindsay, and West 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 laid out SB 563 which had previously been left pending. Senator Janek moved that SB 563 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 Armbrister, Lindsay, and West 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 laid out SB 521 which had previously been left pending. The Chair moved adoption of the committee substitute for SB 521; without objection, it was so ordered. Senator Janek moved that SB 521 do not pass but that CSSB 521 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 Armbrister, Lindsay, and West 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 laid out Senate Bill 626 and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. Senator Zaffirini moved adoption of the committee substitute; without objection, it was so ordered. 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 Zaffirini moved that SB 626 do not pass but that CSSB 626 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, 1 nay, 0 present not voting, and 1 absent. Senator West asked to be shown voting aye; without objection, it was so ordered. At 10:45 a.m., the Chair moved that the Committee stand in recess until 30 upon adjournment of the Senate; without objection, it was so ordered. At 12:35 p.m., the Committee reconvened. The Chair laid out Senate Bill 248 and recognized the author, Senator West, to explain the bill. 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 West moved adoption of the committee substitute; without objection, it was so ordered. 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 West moved that SB 248 do not pass but that CSSB 248 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Zaffirini moved to reconsider the vote by which CSSB 626 was reported favorably; without objection, it was so ordered. Senator Zaffirini moved that SB 626 do not pass but that CSSB 626 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 West asked to be shown voting aye; without objection, it was so ordered. Senator Zaffirini 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 627 and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute; the Chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. Senator Zaffirini moved adoption of the committee substitute; without objection, it was so ordered. 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. The Chair announced that SB 627 would be left pending. The Chair laid out Senate Bill 271 and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute; the Chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. Senator Zaffirini moved adoption of the committee substitute; without objection, it was so ordered. 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 Gallegos sent up Committee Amendment 1 and then withdrew the amendment. Senator Zaffirini moved that SB 271 do not pass but that CSSB 271 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 Armbrister asked to be shown voting aye; without objection, it was so ordered. The Chair laid out SB 627 which had previously been left pending. Senator Zaffirini moved that SB 627 do not pass but that CSSB 627 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, 2 nays, 0 present not voting, and 1 absent. Senator Armbrister asked to be shown voting nay; without objection, it was so ordered. The Chair laid out SB 424 which had previously been left pending. The Chair announced that SB 424 would be left pending. There being no further business, at 2:45 p.m. the Chair announced that the Committee would stand recessed subject to the call of the Chair. _____________________________ Senator Jane Nelson, Chair _____________________________ Travis Broussard, Clerk