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