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