MINUTES SENATE COMMITTEE ON HEALTH & HUMAN SERVICES Tuesday, March 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, March 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 9:00 a.m. The following business was transacted: The Chair laid out Senate Bill 568 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. The Chair closed public testimony. Senate Bill 568 was left pending. The Chair laid out Senate Bill 98 and recognized the author, Senator Shapleigh, 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. At 9:30 a.m., a quorum was established. Senate Deuell moved adoption of the minutes from the previous hearing held on March 15, 2005; without objection, it was so ordered. Public testimony resumed. The Chair closed public testimony. Senate Bill 98 was left pending. The Chair laid out Senate Bill 812 and recognized the author, Senator Deuell, 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. The Chair closed public testimony. Senator Deuell moved that SB 812 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 West and Zaffirini 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. At 9:47 a.m., Senator Janek assumed the chair. The Chair laid out Senate Bill 52 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. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. Senate Bill 52 was left pending. At. 9:55 a.m., Senator Nelson resumed the chair. The Chair laid out Senate Bill 184 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. Senator Janek 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. The Chair closed public testimony. Senate Bill 184 was left pending. The Chair laid out Senate Bill 424 which had previously been left pending and recognized the author, Senator Carona, to explain the bill. Senator Carona sent up a new committee substitute; the Chair recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. Senator Armbrister sent up Committee Amendment #1 and then withdrew the amendment. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. Senator Carona moved that SB 424 do not pass but that CSSB 424 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 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 SB 98 which had previously been left pending. Senator Lindsay sent up Committee Amendment #1 and moved adoption of the amendment; without objection, it was so ordered. Senator Lindsay moved that SB 98, as amended, 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 West and Zaffirini asked to be shown voting aye; without objection, it was so ordered. Senator Lindsay 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 492 and recognized the author, Senator Van de Putte, to explain the bill. Senator Armbrister sent up a committee substitute and moved adoption; without objection, it was so ordered. The Chair recognized Senator Van de Putte 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. The Chair closed public testimony. Senator Armbrister moved that SB 492 do not pass but that CSSB 492 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. Senator Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair announced that the Committee would stand in recess subject to the call of the Chair. At 1:10 p.m., the Committee reconvened. The Chair laid out Senate Bill 40 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. The Chair opened the floor to public testimony. Witnesses testifying and registering on the bill are shown on the attached list. The Chair closed public testimony. Senate Bill 40 was left pending. At 1:25 p.m., Senator Lindsay assumed the chair. The Chair laid out Senate Bill 873 and recognized the author, Senator Nelson, to explain the bill. Senate Bill 873 was left pending. At 1:30 p.m., Senator Nelson resumed the chair. The Chair laid out Senate Bill 747 and recognized the author, Senator Carona, 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. The Chair closed public testimony. Senate Bill 747 was left pending. The Chair laid out Senate Bill 127 by Senator Lindsay and recognized Senator Carona to explain the bill. Senator Carona sent up a committee substitute and explained the difference between the 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. The Chair closed public testimony. Senator Lindsay moved adoption of the committee substitute; without objection, it was so ordered. Senator Lindsay moved that SB 127 do not pass but that CSSB 127 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 1 nay, 0 present not voting, and 3 absent. The Chair laid out SB 40 which had previously been left pending. Senator Zaffirini moved adoption of the committee substitute which had previously been laid out; without objection, it was so ordered. Senator Zaffirini moved that SB 40 do not pass but that CSSB 40 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. 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 SB 747 which had previously been left pending. Senator Carona moved that SB 747 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 2 nays, 0 present not voting, and 2 absent. At 2:45 p.m., Senator Zaffirini assumed the chair. The Chair laid out SB 873 which had previously been left pending. Senator Nelson moved that SB 873 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 Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:47 p.m., Senator Nelson resumed the chair. The Chair laid out SB 568 which had previously been left pending. Senator Deuell moved adoption of the committee substitute which had previously been laid out; without objection, it was so ordered. Senator Deuell moved that SB 568 do not pass but that CSSB 568 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. There being no further business, at 2:50 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