MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                               Tuesday, May 17, 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 17, 2005, in the Senate  
         Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     Senator John Carona       
         Senator Kyle Janek 
         Senator Kenneth Armbrister               
         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 House Bill 790 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         Senator Nelson sent up a committee substitute.  The Chair  
         recognized Senator Nelson 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 9:20 a.m., Senator Janek assumed the chair. 
          
         The Chair laid out House Bill 1718 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 2158 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 2470 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. 
          
         At 9:35 a.m., a quorum was established. 
          
         The Chair recalled HB 790 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 HB 790 do not pass but that CSHB 790  
         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 Gallegos 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 1718 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 1718 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 Gallegos 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 2100 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 2100 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 Gallegos 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 2158 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 2158 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 Gallegos 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 2470 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 2470 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 Gallegos 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 9:40 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out House Bill 2145 and recognized the sponsor,  
         Senator Deuell, to explain the bill.   
          
         Senator Deuell sent up a committee substitute.  The Chair  
         recognized Senator Deuell to explain the difference between the  
         substitute and the bill as filed. 
          
         Senator Deuell moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Senator Deuell moved that HB 2145 do not pass but that CSHB 2145  
         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 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 House Bill 984 and recognized the sponsor,  
         Senator Duncan, to explain the bill.   
          
         The Chair sent up Committee Amendment 1 and moved adoption;  
         without objection, it was so ordered. 
          
         The Chair sent up Committee Amendment 2 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 Janek moved that HB 984 be reported favorably as amended  
         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. 
          
         At 10:07 a.m., Senator Janek assumed the chair.   
          
         Senator Nelson moved to reconsider the vote by which HB 1718 was  
         passed; without objection, it was so ordered. 
          
         Senator Nelson sent up Committee Amendment 1 and moved adoption;  
         without objection, it was so ordered.  Senator Nelson then 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 1718 do not pass but that CSHB 1718  
         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 Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         Senator Armbrister moved to reconsider the vote by which CSHB  
  
         1718 was passed; without objection, it was so ordered. 
          
         Senator Armbrister moved to reconsider the vote by which the  
         substitute was adopted; without objection, it was so ordered. 
          
         Senator Nelson moved that HB 1718 be reported favorably as  
         amended 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. 
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         At 10:17 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out House Bill 1344 and recognized the sponsor,  
         Senator West, to explain the bill.   
          
         Senator West sent up Committee Amendment 1 and moved adoption;  
         without objection, it was so ordered. 
          
         Witnesses registering on the bill are shown on the attached  
         list.     
          
         Senator West moved that HB 2344 be reported favorably as amended  
         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. 
          
         Senator West moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered. 
          
         At 10:23 a.m., Senator Janek assumed the chair. 
          
         The Chair laid out House Bill 2594 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         Senator Nelson moved that HB 2594 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. 
          
         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 House Bill 669, sponsored by Senator Carona,  
         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. 
          
         At 10:49 a.m., Senator Nelson resumed the chair. 
          
         At 10:50 a.m., the Chair announced that the Committee would  
         stand in recess subject to the call of the Chair. 
          
         The Committee resumed at 2:35 p.m. 
          
         The Chair laid out Senate Bill 199 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. 
          
         At 2:35 p.m., Senator Janek assumed the chair.   
          
         The Chair opened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  
          
         At 2:40 p.m., Senator Nelson resumed the chair.    
          
         The Chair closed public testimony. 
          
         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 1842 and recognized the sponsor,  
         Senator Gallegos, to explain the bill.   
          
         Senator Gallegos sent up Committee Amendment 1 and explained the  
         amendment. 
          
         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 recalled SB 199 which had previously been left  
  
         pending. 
          
         Senator Gallegos withdrew the committee substitute and Committee  
         Amendment 1, both of which had previously been laid out. 
          
         Senator Gallegos sent up a new committee substitute.  The Chair  
         recognized Senator Gallegos to explain the difference between  
         the substitute and the bill as filed. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 2507, sponsored by Senator Ellis,  
         and recognized 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 closed public testimony. 
           
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 2572 and recognized the sponsor,  
         Senator Janek, to explain the bill.   
          
         Senator Janek sent up Committee Amendment 1 and explained the  
         amendment. 
          
         Senator Janek sent up Committee Amendment 2 and explained the  
         amendment. 
          
         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 5:10  
         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