MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                Tuesday, May 3, 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, May 3, 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.  There being  
         a quorum present, the following business was transacted:   
          
         The Chair laid out Senate Bill 1749 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  
         substitute and the bill as filed. 
          
         Senator Janek moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Witnesses registering on the bill are shown on the attached list 
          
         Senator Janek moved that SB 1749 do not pass but that CSSB 1749  
         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 Gallegos 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 Senate Bill 107 which had previously been  
         left pending and recognized its author, Senator Estes, to  
         explain the bill. 
          
         Senator Janek moved to reconsider the vote by which the  
         committee substitute had previously been adopted; without  
         objection, it was so ordered. 
          
         Senator Janek sent up a new committee substitute and moved  
         adoption; 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. 
          
         Senator West moved that SB 107 do not pass but that CSSB 107 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 Gallegos asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         The Chair laid out Senate Bill 1767 and recognized the author,  
         Senator Harris, 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 1767 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 Carona, West, and Zaffirini asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         Senator Janek moved adoption of the minutes from the previous  
         hearing held on April 26, 2005; without objection, it was so  
         ordered.   
          
         The Chair laid out Senate Bill 1685 which had previously been  
         left pending and recognized the author, Senator Janek, to  
         explain the bill. 
          
         Senator Janek sent up a new committee substitute and moved  
         adoption; without objection, it was so ordered. 
          
         Witnesses registering on the bill are shown on the attached  
         list.     
          
         Senator Janek moved that SB 1685 do not pass but that CSSB 1685  
         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 Janek 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 1482 and recognized the author,  
         Senator Shapleigh, to explain the bill.   
          
         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 1869 and recognized the author,  
         Senator Gallegos, to explain the bill.   
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         Senator Gallegos sent up Committee Amendment 1 and explained the  
         amendment. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 1544 and recognized the sponsor,  
         Senator Ellis, to explain the bill.   
          
         Senator Deuell sent up a committee substitute.  The Chair  
         recognized Senator Ellis to explain 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. 
          
         The Chair announced that the bill would be left pending. 
          
         At 10:07 a.m., Senator Lindsay assumed the chair. 
          
         The Chair laid out House Bill 409 and recognized the sponsor,  
         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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 1912 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair announced that the bill would be left pending. 
          
         At 10:20 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out House Bill 1752 and recognized the sponsor,  
         Senator Estes, to explain the bill.   
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair announced that the bill would be left pending. 
          
         At 10:25 a.m., Senator Lindsay assumed the chair. 
          
         The Chair laid out House Concurrent Resolution 37 and recognized  
         the sponsor, Senator Nelson, 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 resolution would be left pending. 
          
         The Chair laid out House Bill 2475 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         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 House Bill 2331 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         Senator Nelson sent up Committee Amendment 1 and explained the  
         amendment. 
          
         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 House Bill 1677, sponsored by Senator  
         Zaffirini, 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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 614, sponsored by Senator  
         Zaffirini, and recognized Senator Nelson 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 announced that the Committee would stand in recess. 
          
         The Committee reconvened at 4:40 p.m. with Senator Lindsay  
         assuming the chair. 
          
         The Chair laid out Senate Bill 1725 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 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 House Bill 894, sponsored by Senator West,  
         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 1970, sponsored by Senator  
         Zaffirini, and recognized Senator Deuell to explain the bill. 
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair announced that the Committee would stand in recess. 
  
         At 5:30 p.m., the Committee reconvened. 
          
         The Chair laid out Senate Bill 930 and recognized the author,  
         Senator Janek, 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 announced that public testimony would pause for the  
         Committee to vote. 
          
         The Chair recalled SB 1869 which had previously been left  
         pending. 
          
         The Chair moved adoption of Committee Amendment 1 which had  
         previously been laid out; without objection, the amendment was  
         adopted.  Senator Janek moved that the amendment be rolled into  
         a committee substitute; without objection, it was so ordered.   
         Senator Janek then moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Senator Janek moved that SB 1869 do not pass but that CSSB 1869  
         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, Gallegos, 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. 
          
         At 6:15 p.m., Senator Janek assumed the chair. 
          
         The Chair recalled HB 409 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 409 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 Armbrister and Zaffirini asked to be shown voting aye;  
         without objection, it was so ordered. 
          
         Senator Gallegos asked to be shown voting nay but later 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 6:18 p.m., Senator Nelson resumed the chair. 
          
         The Chair recalled HB 614 which had previously been left  
         pending. 
          
         Senator Janek moved that HB 614 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 Armbrister, Gallegos, 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 recalled HB 894 which had previously been left  
         pending. 
          
         Senator Janek moved that HB 894 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 Armbrister, Gallegos, 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 recalled HB 1544 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 HB 1544 do not pass but that CSHB 1544  
         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, Gallegos, 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 recalled HB 1677 which had previously been left  
         pending. 
          
         Senator Janek moved that HB 1677 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 Armbrister, Gallegos, 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 recalled HB 1752 which had previously been left  
         pending. 
          
         Senator Carona moved that HB 1752 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 Carona moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         At 6:21 p.m., Senator Janek assumed the chair. 
          
         The Chair recalled HB 1912 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 1912 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 Armbrister, Gallegos, 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 recalled HB 2331 which had previously been left  
         pending. 
          
         Senator Nelson moved adoption of Committee Amendment 1 which had  
         previously been laid out; without objection, the amendment was  
         adopted.  Senator Nelson moved that the amendment be rolled into  
         a committee substitute; without objection, it was so ordered.   
         Senator Nelson then moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Senator Nelson moved that HB 2331 do not pass but that CSHB 2331  
         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, Gallegos, 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 recalled HB 2475 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 2475 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 Armbrister, Gallegos, 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 recalled HCR 37 which had previously been left  
         pending. 
          
         Senator Carona moved that HCR 37 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 Armbrister, Gallegos, West, and Zaffirini asked to be  
         shown voting aye; without objection, it was so ordered. 
          
         Senator Nelson moved that the resolution be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered. 
          
         At 6:28 p.m., Senator Nelson resumed the chair. 
          
         The Chair recalled HB 1970 which had previously been left  
         pending. 
          
         Senator Lindsay moved that HB 1970 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 Armbrister, Gallegos, 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 recalled HB 162 which had previously been left  
         pending. 
          
         Senator Carona sent up a new committee substitute and moved  
         adoption; without objection, it was so ordered. 
          
         Senator Carona moved that HB 162 do not pass but that CSHB 162  
  
         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 Gallegos, 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. 
          
         Public testimony on SB 930 resumed. 
          
         The Chair closed public testimony. 
          
         With no other business to come before the Committee, at 6:50  
         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