MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                              Tuesday, March 29, 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 882 and recognized the author,  
         Senator Lucio, to explain the bill.   
          
         The Chair 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.   
          
         Senator Deuell sent up Committee Amendment 1. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         At 9:25 a.m., Senator Deuell assumed the chair. 
          
         The Chair laid out Senate Bill 45 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.   
          
         Witnesses registering on the bill are shown on the attached  
         list.   
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 1330 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.   
          
         Witnesses registering on the bill are shown on the attached  
         list.   
          
         The Chair announced that the bill would be left pending. 
          
         At 9:35 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 726 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. 
          
         The Chair announced that the bill would be left pending. 
          
         At 10:05 a.m., Senator Deuell assumed the chair. 
          
         The Chair laid out Senate Bill 872 and recognized the author,  
         Senator Nelson, 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 10:44 a.m., Senator Nelson resumed the chair. 
          
         The Chair announced that the Senate would stand in recess until  
         thirty minutes upon adjournment. 
          
         The Committee reconvened at 1:30 p.m. 
          
         At 1:31 p.m., Senator Janek assumed the chair. 
          
         Public testimony on Senate Bill 872 resumed. 
          
         The Chair closed public testimony. 
         At 2:40 p.m., a quorum was established. 
          
         Senator Lindsay sent up Committee Amendment 1. 
          
         Senator Nelson moved to table the amendment.  The motion carried  
         with a record vote of 4 ayes, 3 nays, 0 present not voting, and  
         2 absent. 
          
         Senator Lindsay sent up Committee Amendment 2 and then withdrew  
         the amendment. 
          
         Senator Lindsay sent up Committee Amendment 3 and then withdrew  
         the amendment. 
          
         Senator Lindsay sent up Committee Amendment 4 and then withdrew  
         the amendment. 
          
         Senator Nelson moved that SB 872 be reported favorably 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. 
          
         The Chair laid out SB 45 which had previously been left pending. 
          
         Senator Nelson moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Nelson moved that SB 45 do not pass but that CSSB 45 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 Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         The Chair laid out SB 1330 which had previously been left  
         pending. 
          
         Senator Nelson moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Nelson moved that SB 1330 do not pass but that CSSB 1330  
         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. 
          
         Senators West 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. 
  
         At 3:05 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out SB 882 which had previously been left  
         pending. 
          
         The Chair moved adoption of Committee Amendment 1 to the  
         proposed committee substitute for SB 882; without objection, the  
         amendment was adopted. 
          
         Senator Janek moved that the amendment be rolled into the  
         proposed committee substitute and that the new substitute be  
         adopted; without objection, it was so ordered. 
          
         Senator Janek moved that SB 882 do not pass but that CSSB 882 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. 
          
         Senators West and Zaffirini asked to be shown voting aye;  
         without objection, it was so ordered. 
          
         The Chair laid out Senate Bill 630 and recognized the author,  
         Senator Van de Putte, to explain the bill.   
          
         Senator Deuell sent up a committee substitute; 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. 
           
         The Chair announced that the bill would be left pending. 
          
         At 3:25 p.m., Senator Armbrister assumed the chair. 
          
         The Chair laid out Senate Bill 130 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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 465 by Senator West and  
         recognized Senator Nelson 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 Nelson moved that SB 465 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 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. 
          
         The Chair laid out SB 130 which had previously been left  
         pending. 
          
         Senator Nelson moved that SB 130 do not pass but that CSSB 130  
         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 West asked to be shown voting aye; without objection, it  
         was so ordered. 
          
         At 3:45 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out SB 726 which had previously been left  
         pending. 
          
         Senator Deuell moved that SB 726 be reported favorably 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 2 absent.   
          
         Senator West asked to be shown voting aye; without objection, it  
         was so ordered. 
          
         At 3:50 p.m., Senator Armbrister assumed the chair. 
          
         The Chair laid out SB 52 which had previously been left pending. 
          
         Senator Nelson moved that SB 52 do not pass but that CSSB 52 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 nays, 0 present not voting, and 3 absent. 
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         At 3:55 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 460 and recognized the author,  
         Senator Armbrister, to explain the bill.   
          
         Senator Armbrister sent up a committee substitute; the Chair  
         recognized Senator Armbrister 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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 107 and recognized the author,  
         Senator Estes, to explain the bill.   
          
         Senator Janek sent up a committee substitute; the Chair  
         recognized Senator Estes 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. 
          
         Senator Janek moved adoption of the minutes from the previous  
         hearing held on March 22, 2005; 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.   
          
         At 7:40 p.m., Senator Janek assumed the chair. 
          
         At 7:50 p.m., Senator Nelson resumed the chair. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         At 7:55 p.m., Senator Janek assumed the chair. 
          
         The Chair laid out Senate Bill 66 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.   
          
         The Chair closed public testimony. 
  
         At 8:19 p.m., Senator Nelson resumed the chair. 
          
         There being no further business, at 8:20 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