MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Tuesday, April 12, 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, April 12, 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:
At 9:01 a.m., Senator Deuell assumed the chair.
The Chair laid out Senate Bill 42 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.
The Chair announced that the bill would be left pending.
At 9:15 a.m., Senator Nelson resumed the chair.
The Chair laid out Senate Bill 565 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.
The Chair laid out Senate Bill 1340 and recognized the author,
Senator Madla, to explain the bill.
Senator Lindsay 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.
The Chair closed public testimony.
At 9:30 a.m., a quorum was established.
Senator Deuell moved adoption of the minutes from the previous
hearing held on April 5, 2005; without objection, it was so
ordered.
Senator Deuell moved adoption of the committee substitute for SB
1340 which had previously been laid out; without objection, it
was so ordered.
Senator Gallegos moved that SB 1340 do not pass but that CSSB
1340 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 Armbrister, Gallegos, 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.
At 9:33 a.m., Senator Zaffirini assumed the chair.
The Chair laid out SB 42 which had previously been left pending.
Senator Nelson moved adoption of the committee substitute for SB
42 which had previously been laid out; without objection, it was
so ordered.
Senator Nelson moved that SB 42 do not pass but that CSSB 42 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 Armbrister, Gallegos, 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 9:35 a.m., Senator Nelson resumed the chair.
The Chair laid out SB 565 which had previously been left
pending.
Senator Deuell moved that SB 565 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.
Senators Armbrister, Gallegos, 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 Senate Bill 1586 and recognized the author,
Senator Carona, to explain the bill.
Senator Carona sent up a committee substitute and moved
adoption; without objection, the substitute was adopted. 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.
The Chair closed public testimony.
Senator Carona moved that SB 1586 do not pass but that CSSB 1586
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 Armbrister, Gallegos, and West 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 361 which had previously been left
pending.
Senator Carona moved to reconsider the vote by which Committee
Amendment 1 to SB 361 was adopted; without objection, it was so
ordered.
Senator Carona withdrew the amendment.
Senator Carona sent up a committee substitute and moved
adoption; without objection, the substitute was adopted. The
Chair recognized Senator Carona to explain the difference
between the committee substitute and the bill as filed.
Senator Carona moved that SB 361 do not pass but that CSSB 361
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 Armbrister and Gallegos 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 1069 and recognized the author,
Senator Madla, to explain the bill.
The Chair sent up a committee substitute; the Chair recognized
Senator Madla to explain the difference between the committee
substitute and the bill as filed.
At 9:55 a.m., Senator Janek assumed the chair.
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 325 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.
The Chair announced that the bill would be left pending.
The Chair laid out Senate Bill 815 and recognized the author,
Senator Lucio, 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.
The Chair laid out Senate Bill 1525 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.
The Chair announced that the bill would be left pending.
At 10:43 a.m., the Chair announced that the Committee would
stand in recess subject to the call of the Chair.
At 1:20 p.m., the Committee reconvened.
The Chair laid out Senate Bill 1113 and recognized the author,
Senator Gallegos, to explain the bill.
Senator Gallegos sent up a committee substitute; the Chair
recognized Senator Gallegos 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 1:30 p.m., Senator Gallegos assumed the chair.
The Chair laid out Senate Bill 1118 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.
Senator Nelson sent up Committee Amendment 1 and explained the
amendment.
Senator Nelson sent up Committee Amendment 2 and explained the
amendment.
Senator Nelson sent up Committee Amendment 3 and explained the
amendment.
Senator Nelson sent up Committee Amendment 4, authored by
Senator Janek, and explained the amendment.
At 1:40 p.m., Senator Deuell assumed the chair.
Senator Gallegos sent up Committee Amendment 5 and explained the
amendment.
The Chair closed public testimony.
The Chair announced that the bill would be left pending.
The Chair laid out Senate Bill 247, by Senator West, and
recognized 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.
The Chair announced that the bill would be left pending.
At 2:00 p.m., Senator Nelson resumed the chair.
The Chair laid out Senate Bill 330 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.
The Chair announced that the bill would be left pending.
At 2:45 p.m., the Chair announced that the Committee would stand
in recess.
At 3:05 p.m., the Committee reconvened.
The Chair laid out Senate Bill 1055 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.
The Chair closed public testimony.
Senator Janek moved adoption of the committee substitute;
without objection, it was so ordered.
Senator Janek moved that SB 1055 do not pass but that CSSB 1055
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 Carona, 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.
The Chair laid out SB 247 which had previously been left
pending.
Senator Janek moved adoption of the committee substitute which
had previously been laid out; without objection, it was so
ordered.
Senator Janek moved that SB 247 do not pass but that CSSB 247 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 Carona, 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.
The Chair laid out SB 325 which had previously been left
pending.
The Chair moved adoption of the committee substitute which had
previously been laid out; without objection, it was so ordered.
Senator Janek moved that SB 325 do not pass but that CSSB 325 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 Carona, West, and Zaffirini asked to be shown voting
aye; without objection, it was so ordered.
The Chair laid out SB 330 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 330 do not pass but that CSSB 330
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 Carona, West, and Zaffirini asked to be shown voting
aye; without objection, it was so ordered.
The Chair laid out SB 815 which had previously been left
pending.
Senator Gallegos moved that SB 815 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.
Senators Carona, West, and Zaffirini asked to be shown voting
aye; without objection, it was so ordered.
The Chair laid out SB 1069 which had previously been left
pending.
Senator Janek moved adoption of the committee substitute which
had previously been laid out; without objection, it was so
ordered.
Senator Janek moved that SB 1069 do not pass but that CSSB 1069
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 Carona, West, and Zaffirini asked to be shown voting
aye; without objection, it was so ordered.
The Chair laid out SB 1113 which had previously been left
pending.
Senator Gallegos moved adoption of the committee substitute
which had previously been laid out; without objection, it was so
ordered.
Senator Gallegos moved that SB 1113 do not pass but that CSSB
1113 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, Carona, and West asked to be shown voting
aye; without objection, it was so ordered.
Senator Gallegos moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 3:20 p.m., Senator Janek assumed the chair.
The Chair laid out SB 1188 which had previously been left
pending
Senator Nelson moved adoption of Committee Amendment 1 which had
previously been laid out; without objection, it was so ordered.
Senator Nelson moved adoption of Committee Amendment 2 which had
previously been laid out; without objection, it was so ordered.
Senator Nelson moved adoption of Committee Amendment 3 which had
previously been laid out; without objection, it was so ordered.
At 3:25 p.m., Senator Deuell assumed the chair.
Senator Janek moved adoption of Committee Amendment 4 which had
previously been laid out; without objection, it was so ordered.
At 3:26 p.m., Senator Janek assumed the chair.
Senator Gallegos moved adoption of Committee Amendment 5 which
had previously been laid out; without objection, it was so
ordered.
Senator Nelson moved that the amendments be rolled into the
proposed committee substitute; without objection, it was so
ordered. Senator Nelson then moved adoption of the new
committee substitute; without objection, it was so ordered.
Senator Nelson moved that SB 1188 do not pass but that CSSB 1118
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 Carona 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.
The Chair laid out SB 66 which had previously been left pending.
Senator Gallegos sent up Committee Amendment 1 and explained the
amendment. Senator Gallegos then moved adoption of the
amendment; without objection, it was so ordered.
Senator Nelson moved that the amendment be rolled into the
proposed committee substitute; without objection, it was so
ordered. Senator Nelson then moved adoption of the new
committee substitute; without objection, it was so ordered.
Senator Nelson moved that SB 66 do not pass but that CSSB 66 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 Carona 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 3:35 p.m., Senator Nelson resumed the chair.
The Chair laid out SB 1525 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 1525 do not pass but that CSSB
1525 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 Carona and 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.
Senator Zaffirini moved that SB 325 be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SB 630 which had previously been left pending
and recognized its author, Senator Van de Putte, to explain the
bill.
Senator Van de Putte explained language for a proposed committee
substitute.
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.
With no other business to come before the Committee, at 3:45
p.m., Senator Gallegos moved that the Committee stand in recess
subject to the call of the Chair; without objection, it was so
ordered.
_____________________________
Senator Jane Nelson, Chair
_____________________________
Travis Broussard, Clerk