MINUTES SENATE COMMITTEE ON HEALTH & HUMAN SERVICES Tuesday, April 26, 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 26, 2005, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jane Nelson 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 House Bill 1503 and recognized the sponsor, 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 Armbrister sent up Committee Amendment 1 and explained the amendment. At 9:10 a.m., a quorum was established. Senator Armbrister moved adoption of the minutes from the previous hearing held on April 21, 2005; without objection, it was so ordered. Senator Armbrister moved adoption of Committee Amendment 1; without objection, it was so ordered. Senator Deuell moved that the amendment be rolled into a committee substitute; without objection, it was so ordered. Senator Deuell then moved adoption of the new committee substitute; without objection, it was so ordered. Senator Deuell moved that HB 1503 do not pass but that CSHB 1503 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 Carona 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 Concurrent Resolution 21 and recognized the author, Senator Barrientos, to explain the resolution. The Chair opened the floor to public testimony. Witnesses testifying and registering on the resolution are shown on the attached list. The Chair closed public testimony. Senator Armbrister moved that SCR 21 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 Carona asked to be shown voting aye; without objection, it was so ordered. Senator Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out House Bill 836 and recognized the sponsor, Senator Ogden, to explain the bill. The Chair opened the floor to public testimony. Witnesses testifying and registering on the resolution 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 426 and recognized the author, Senator Shapleigh, to explain the bill. Senator Armbrister sent up a committee substitute; without objection, the substitute was adopted. The Chair recognized Senator Shapleigh 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 resolution are shown on the attached list. The Chair closed public testimony. Senator Gallegos moved that SB 426 do not pass but that CSSB 426 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 Carona 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. The Chair laid out Senate Bill 1760 and recognized the author, Senator Gallegos, 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 1581 and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute. Senator Zaffirini moved that the substitute be adopted; without objection, it was so ordered. 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. Senator Zaffirini moved that SB 1581 do not pass but that CSSB 1581 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 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 1:35 p.m., the Committee reconvened with Senator Deuell assuming the Chair. The Chair laid out House Bill 224, sponsored by Senator Shapiro, and recognized Senator Gallegos 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 House Bill 1604, sponsored by Senator Shapiro, and recognized Senator Gallegos 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 1183, authored by Senator West, and recognized 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 2:00 p.m., Senator Nelson resumed the Chair. The Chair laid out Senate Bill 1379 and recognized its author, Senator Lucio, to explain the bill. Senator Deuell 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. The Chair closed public testimony. The bill was left pending. The Chair recalled SB 1183 which had previously been left pending. Senator West moved adoption of the committee substitute which had previously been laid out; without objection, it was so ordered. Senator West moved that SB 1183 do not pass but that CSSB 1183 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. Senators Carona and 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. The Chair recalled SB 1379 which had previously been left pending. Senator West moved adoption of the committee substitute which had previously been laid out; without objection, it was so ordered. Senator West moved that SB 1379 do not pass but that CSSB 1379 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. The Chair recalled HB 224 which had previously been left pending. Senator Gallegos moved that HB 224 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, 0 nays, 0 present not voting, and 3 absent. Senator Carona 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. The Chair recalled HB 836 which had previously been left pending. Senator Gallegos sent up Committee Amendment 1 and explained the amendment. Senator Gallegos moved adoption of the amendment; without objection, it was so ordered. Senator Deuell sent up Committee Amendment 2 and explained the amendment. Senator Deuell moved adoption of the amendment; without objection, it was so ordered. Senator Deuell moved that the amendments be rolled into a committee substitute; without objection, it was so ordered. Senator Deuell then moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that HB 836 do not pass but that CSHB 836 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. Senators Carona and Zaffirini 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. The Chair recalled HB 1604 which had previously been laid out. Senator Lindsay moved that HB 1604 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. Senators Carona 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 recalled SB 630 which had previously been left pending. Senator West sent up a committee substitute and moved adoption; without objection, it was so ordered. Senator West moved that SB 630 do not pass but that CSSB 630 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. Senators Carona and 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. The Chair recalled SB 826 which had previously been left pending. Senator West sent up a committee substitute and moved adoption; without objection, it was so ordered. Senator West moved that SB 826 do not pass but that CSSB 826 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. Senators Carona and 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. The Chair recalled HB 102 which had previously been left pending. The Chair sent up Committee Amendment 1 and explained the amendment. The Chair moved adoption of the amendment; without objection, it was so ordered. Senator Lindsay moved that the amendment be rolled into a committee substitute. Without objection, it was so ordered. Senator Lindsay then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Lindsay moved that HB 102 do not pass but that CSHB 102 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. Senators Carona 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 recalled HB 404 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 Gallegos moved that HB 404 do not pass but that CSHB 404 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. Senators Carona and Zaffirini 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 2:45 p.m., Senator West assumed the chair. The Chair laid out HB 801 which had previously been left pending. Senator Nelson moved that HB 801 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. Senators Carona 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 HB 802 which had previously been left pending. Senator Nelson moved that HB 802 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. Senators Carona 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 4:47 p.m., Senator Nelson resumed the Chair. With no other business to come before the Committee, at 4:48 p.m., the Chair announced that the Committee would stand in recess subject to the call of the Chair. _____________________________ Senator Jane Nelson, Chair _____________________________ Travis Broussard, Clerk