MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Wednesday, March 19, 1997
8 a.m.
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Texas Senate Committee on
Health and Human Services was held on Wednesday, March 19,
1997, in the Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair None
Senator Jane Nelson, Vice Chair
Senator John Carona
Senator Mario Gallegos, Jr.
Senator Michael Galloway
Senator Chris Harris
Senator Frank Madla
Senator Mike Moncrief
Senator Drew Nixon
Senator Jerry Patterson
Senator Royce West
*****
The chair called the meeting to order at 8 a.m. There being a
quorum present, the following business was transacted.
The chair laid out the March 12, 1997, minutes and called for
revisions. There being none, Senator Nelson moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
At 8:05 a.m. Senator Nelson assumed presiding duties.
The chair laid out SB 403 by Zaffirini, relating to funding of
the Medicaid disproportionate share program through an
assessment imposed against certain hospitals and hospital
districts, and SB 614 by Zaffirini, relating to assignment of
Medicaid payments, and recognized the author to explain the
bills.
The following person registered in support of SB 403, but did
not testify:
Allen Horne, director of legislative affairs, Texas
Hospital Association, P.O. Box 15587, Austin, Texas
78761.
The following person registered as a resource witness on SB
403, but did not testify:
Dr. Michael McKinney, commissioner, Health and Human
Services Commission, 4900 N. Lamar, Austin, Texas 78751.
The following persons registered as resource witnesses on SB
614, but did not testify:
Dr. Michael McKinney, commissioner, Health and Human
Services Commission,
4900 N. Lamar, Austin, Texas 78751.
Susan Steeg, general counsel, Texas Department of Health,
1100 W. 49th Street, Austin, Texas 78756.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 403 or SB 614,
the chair closed public testimony.
Senators Galloway, Nixon and Harris asked unanimous consent to
be shown voting "aye" on SB 403. There being no objection,
the motion prevailed by unanimous consent.
Senator Zaffirini moved that SB 403 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 11"ayes" and 0 "nays."
Senator Zaffirini moved that SB 403 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
Senator Zaffirini sent up committee amendment 1 for SB 614 and
moved its adoption. There being no objection, the motion
prevailed by unanimous consent.
Senators Nixon and Harris asked unanimous consent to be shown
voting "aye" on SB 614. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 614, as amended, be reported
to the Senate with the recommendation that
it do pass and be printed. The motion prevailed by a vote of
11"ayes" and
0 "nays."
Senator Zaffirini moved that SB 614 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SB 909 by Zaffirini, relating to certain
electronic benefits transfer accounts that are inactive, and
SB 910 by Zaffirini, relating to the use of electronic
transfer and data matching in connection with certain benefits
programs, and recognized the author to explain the bills.
The following person provided oral testimony on SB 910:
Annette Lovoi, Office of the Comptroller of Public
Accounts, 111 E. 17th St., Austin, Texas 78703.
The following persons registered as resource witnesses on SB
909, but did not testify:
Hank Dembosky, EBT contract manager, Texas Department of
Human Services, 701 W. 51st St., Austin, Texas 78714.
Jerry K. Miller, bureau chief, Information Resources,
Health Care Financing, Texas Department of Health, 1100
W. 49th, Austin, Texas 78756.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 909, the chair
closed public testimony.
Senators Harris and Carona asked unanimous consent to be shown
voting "aye" on SB 909. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 909 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 11"ayes" and 0 "nays."
Senator Zaffirini moved that SB 909 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The following person provided oral testimony on SB 910:
Annette Lovoi, Office of the Comptroller of Public
Accounts, 111 E. 17th St., Austin, Texas 78703.
The following persons registered as resource witnesses on SB
910, but did not testify:
Dr. Michael McKinney, commissioner, Health and Human
Services Commission, 4900 N. Lamar, Austin, Texas 78751.
Hank Dembosky, EBT contract manager, Texas Department of
Human Services, 701 W. 51st St., Austin, Texas 78714.
Jerry K. Miller, bureau chief, Information Resources,
Health Care Financing, Texas Department of Health, 1100
W. 49th, Austin, Texas 78756.
Marina Henderson, executive deputy commissioner, Health
and Human Services Commission, 4900 N. Lamar, Austin,
Texas 78751.
Mary Alice Winfree, program specialist, WIC/EBT, Texas
Department of Health, 1100 W. 49th St., Austin, Texas
78756.
Senator Zaffirini moved that SB 910 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 11 "ayes" and 0 "nays."
Senator Moncrief moved to reconsider SB 910 so that committee
members could adopt committee amendment 1 related to the bill.
There being no objection, the motion prevailed by unanimous
consent.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Harris asked unanimous consent to be shown voting
"aye" on SB 910. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 910, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
Senator Zaffirini moved that SB 910 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out SCR 36 by Zaffirini, endorsing the Texas
Department on Aging's initiative to prepare for an aging
society, and recognized the author to explain the resolution.
The following persons registered in support of SCR 36, but did
not testify:
Ken C. Kramer, Capital City Task Force, American
Association of Retired Persons, 98 San Jacinto #750,
Austin, Texas 78701.
John W. Holtermann, chairman, Legislative Action
Commission, Texas Silver-Haired Legislature, 459 Lindsey,
San Marcos, Texas 78666.
The following person registered as a resource witness on SCR
36, but did not testify:
Mary Sapp, executive director, Texas Department on Aging,
4900 N. Lamar, Austin, Texas 78711-2786.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SCR 36, the chair
closed public testimony.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator West asked unanimous consent to be shown voting "aye"
on SCR 36. There being no objection, the motion prevailed by
unanimous consent.
Senator Zaffirini moved that SCR 36, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
At 8:25 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out SB 725 by Madla, relating to the
qualification of a personal care facility as a community home,
and recognized the author to explain the bill.
The following persons provided oral testimony on SB 725:
Pamela J. Parker, chairman, Lone Star Coalition for
Residential Care, 24137 Boerne Stage Rd., San Antonio,
Texas 78255.
Marc Gold, section manager, Texas Department of Human
Services, 701 W. 51st St., Austin, Texas 78714-9030.
The following person provided oral testimony in support of SB
725:
Michael Visconage, director of communications, Lone Star
Coalition for Residential Care, 2104 Pipestone Dr., San
Antonio, Texas 78232.
The following persons registered in support of SB 725, but did
not testify:
Carol Taylor Moore, chair of health and human services
committee, National Association for the Advancement of
Colored People, 2915 Druid, Houston, Texas 77091.
Gladys M. Koval, vice chair, Lone Star Coalition, 802
Monticello, San Antonio, Texas 78223.
George Koval, administrator, Highland Gardens Personal
Care Home, 802 Monticello, San Antonio, Texas 78223.
Ken C. Kramer, Capitol City Task Force, American
Association of Retired Persons, 98 San Jacinto #750,
Austin, Texas 78701.
Kevin G. Bumgarner, Lone Star Coalition, 9615 Aster
Circle, Garden Ridge, Texas 78266.
C.W. Matthews, Texas Organization of Residential Homes,
P.O. Box 307,
Del Valle, Texas 78617.
The following person registered on SB 725, but did not
testify:
Marie B. Wisdom, president, Advocates for Nursing Home
Reform, 16908 S. Ridge Lane, Austin, Texas 78734.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 725, the chair
closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on SB 725. There being no objection, the motion
prevailed by unanimous consent.
Senator Madla moved that SB 725 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 10 "ayes" and 1 "nay."
Senator Nelson moved that SCR 36 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 8:40 a.m. Senator Nelson resumed presiding duties.
The chair laid out SB 802 by Zaffirini, relating to collection
of certain information from certain hospitals, and recognized
the author to explain the bill.
The following persons provided oral testimony on SB 802:
Peggy Black, director of public relations, Texas Scottish
Rite Hospital for Children, 2222 Welborn, Dallas, Texas
75219.
David Lynch, planner, Texas Department of Health, 1100 W.
49th, Austin, Texas 78756.
The following persons registered in support of SB 802, but
did not testify:
Cissy Ellis, director, Governmental Affairs, Shriners
Hospitals, One American Center, #2400, Austin, Texas
78701.
Dinah Welsh, director, Governmental Affairs, Texas
Hospital Association, P.O. Box 15587, Austin, Texas
78761.
The following person registered on SB 802, but did not
testify:
Marie B. Wisdom, president, Advocates for Nursing Home
Reform, 16908 S. Ridge Lane, Austin, Texas 78734.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 802, the chair
closed public testimony.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on SB 802. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 802, as amended, be reported
to the Senate with the recommendation that
it do pass and be printed. The motion prevailed by a vote of
11 "ayes" and
0 "nays."
Senator Zaffirini moved that SB 802 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 8:50 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out anew the committee substitute for SB 414 by
Moncrief, relating to certain advance directives for medical
treatment, which had been left pending, and recognized the
author.
The following person provided oral testimony in support of the
committee substitute for SB 414:
William L. Broussard, Texas Conference of Catholic Health
Facilities, 3016 Jubilee Tr., Austin, Texas 78745.
Greg Hooser, Texas Hospice Association, 901 Congress,
Austin, Texas 78701.
The following persons registered in support of the committee
substitute for SB 414, but did not testify:
Ken C. Kramer, Capital City Task Force, American
Association of Retired Persons, 98 San Jacinto #750,
Austin, Texas 78701.
Alfred Gilchrist, director, Governmental Affairs, Texas
Medical Association, 401 W. 15th St., Austin, Texas
78701.
Marie B. Wisdom, president, Advocates for Nursing Home
Reform, 16908 S. Ridge Lane, Austin, Texas 78734.
The following persons registered as resource witnesses on the
committee substitute for SB 414, but did not testify:
Elizabeth Sjoberg, staff attorney, Texas Hospital
Association, P.O. Box 15587, Austin, Texas 78761.
Jan Thompson, attorney, Texas Health Care Association,
2202 Balboa Rd., Austin, Texas 71733.
There being no other witness registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 414, the chair closed public testimony.
Senator Harris sent up committee amendment 1 and moved its
adoption. The motion prevailed by a vote of 8 "ayes" and 3
"nays."
Senator Carona sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that the committee substitute for SB
414 be adopted, as amended. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that SB 414 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
At 9:15 a.m. Senator Nelson resumed presiding duties.
The chair laid out anew SB 55 by Zaffirini, relating to the
sale or distribution of tobacco products; providing penalties,
which had been left pending, and recognized the author.
The following persons provided oral testimony in support of SB
55:
Lucy Richardson, 3010 Knoll Manor Dr., Kingwood, Texas
77345.
Jill Haskins, 20111 Pine Hurst Trail Drive, Humble, Texas
77346.
Jessica Gerald, 7611 Hurst Forest, Humble, Texas 77346.
The following person registered in support of SB 55, but did
not testify:
Dinah Welsh, director, Government Affairs, Texas Hospital
Association, P.O. Box 15587, Austin, Texas 78761.
Marie B. Wisdom, president, Advocates for Nursing Home
Reform, 16908 S. Ridge Lane, Austin, Texas 78734.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 55, the chair
closed public testimony.
The chair left SB 55 pending at the author's request.
At 9:40 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out SB 644 by Armbrister, relating to the
regulation of certain air ambulance companies, and
recognized the author to explain the bill.
Senator Nelson sent up a committee substitute for SB 644,
and the chair recognized the author to explain the
differences between it and the bill as filed.
The following persons registered in support of the
committee substitute for SB 644, but did not testify:
Jane S. Wynn, president, Texas Association of Air Medical
Services, 3860 W. Northwest Highway, Suite 406, Dallas,
Texas 75220.
Allen Helberg, director of operations, Lifenet Medical
Transportation System, 6300 Hampton Rd., Texarkana, Texas
75501.
James Willmann, director, Governmental Affairs, Texas
Nurses Association, 7600 Burnet Rd., Suite 440 Austin,
Texas 78757.
The following person registered as a resource witness on the
committee substitute for SB 644, but did not testify:
Pam West, assistant bureau chief, Texas Department of
Health, 1100 W. 49th St., Austin, Texas 78756.
There being no other witness registered or responding to the
chair's call for public testimony to the committee substitute
for SB 644, the chair closed public testimony.
Senator Nelson moved that the committee substitute for SB 644
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senators West and Gallegos asked unanimous consent to be shown
voting "aye" on SB 644. There being no objection, the motion
prevailed by unanimous consent.
Senator Nelson moved that SB 644 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
Senator Nelson moved that CSSB 644 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew the committee substitute for SB 618 by
Moncrief, relating to the regulation of certain residential
facilities, providing civil penalties, which had been left
pending, and recognized the author.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following person provided oral testimony on the committee
substitute for SB 618:
Marc Gold, section manager, Texas Department of Human
Services, 701 W. 51st St., Austin, Texas 78714-9030.
The following person registered on the committee substitute
for SB 618, but did not testify:
Marie B. Wisdom, president, Advocates for Nursing Home
Reform, 16908 S. Ridge Lane, Austin, Texas 78734.
Senator Moncrief moved that the committee substitute for SB
618 be adopted, as amended. There being no objection, the
motion prevailed by unanimous consent.
Senators Gallegos and West asked unanimous consent to be shown
voting "aye" on the committee substitute for SB 618. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 618 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 10 "ayes" and 1
"nay."
At 9:50 a.m. Senator Nelson resumed presiding duties.
The chair laid out anew the committee substitute for SB 190 by
Zaffirini and Moncrief, relating to the regulation of nursing
homes and similar facilities, which had been left pending, and
recognized Senator Zaffirini.
Senator Zaffirini sent up a new committee substitute and
explained the differences between it and the previous
substitute that had not been adopted.
Senator Zaffirini moved that the committee members allow
persons who registered against the previous committee
substitute for SB 190 on March 5, to change their testimony to
be shown
registered in support of, or "on" the new committee substitute
for SB 190. There being no objection, the motion prevailed by
unanimous consent.
The following person requested to change her testimony to be
shown registered on the committee substitute for SB 190:
Frances Cady, senior administrator, El Paso Convalescent
Center, 11525 Vista Del Sol, El Paso, Texas 79936.
The following persons requested to change their testimony to
be shown registered in support of the committee substitute for
SB 190:
Melody B. Chatelle, vice president of governmental
relations-Texas area, Living Centers of America/Texas
Health Care Association, 4315 Guadalupe #300, Austin,
Texas 78751.
Ricky Gonzalez, administrator, Retama Manor-South, 1100
Galveston, Laredo, Texas 78040.
Thomas Suehs, executive director, Texas Health Care
Association, 4214 Medical Parkway, Austin, Texas 78765.
Darlene T. Evans, administrator/owner, Autumn Winds
Retirement Lodge, 3301 FM 3009, P.O. Drawer A, Schertz,
Texas 78154.
Alicia H. Nieto, administrator, Care Inn of Seguin/Texas
Health Care Association, 1219 Eastwood Dr., Seguin, Texas
78155.
Don King, president, Sensitive Care Inc., 1331 Airport
Freeway #306, Euless, Texas 76040.
The following persons registered in support of the committee
substitute for SB 190, but did not testify:
John W. Holtermann, chair, Legislative Action Committee,
Texas Silver-Haired Legislators, 459 Lindsey, San Marcos,
Texas 78666.
Sam Stone, attorney, Texas Academy of Physician
Assistants, 111 Congress Ave. Suite 1400, Austin,
Texas 78701.
Mary Lee Harris, "Children and Older People," 1708 Egger
Ave., Round Rock, Texas 78664.
Beth Ferris, vice president, Texas Advocates for Nursing
Home Residents, 500 E. Anderson Lane #234 W., Austin,
Texas 78752.
Marilyn Becky Hestand, administrator, College Street
Nursing Home, 4150 College St., Beaumont, Texas 77707.
Marie B. Wisdom, president, Advocates for Nursing Home
Reform, 16908 S. Ridge Lane, Austin, Texas 78734.
The following persons registered as resource witnesses on the
committee substitute for SB 190, but did not testify:
Terry Trimble, interim commissioner, Texas Department of
Human Services, 701 W. 51st St., Austin, Texas 78714.
Marc Gold, section policy manager, Texas Department of
Human Services, 701 W. 51st, Austin, Texas 78714-9030.
Charlotte Dokes, licensing section manager, Texas
Department of Human Services, 8406 Wall St., Austin,
Texas 78714.
Senator Zaffirini moved that the new committee substitute for
SB 190 be adopted. There being no objection, the motion
prevailed by unanimous consent.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on CSSB 190. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that SB 190 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 11 "ayes" and 0
"nays."
At 10 a.m. Senator Zaffirini resumed presiding duties.
By unanimous consent the chair recessed the Texas Senate
Committee on Health and Human Services at 10 a.m. until 1:30
p.m., or 30 minutes after the adjournment of the Texas Senate,
in the Texas Senate Finance Committee Room (E1.036).
The chair reconvened the Texas Senate Committee on Health and
Human Services at 3 p.m. in the Texas Senate Finance Committee
Room (E1.036).
The chair laid out SB 276 by Patterson, relating to the
delivery and funding of certain mental health chemical
dependency, and mental retardation services through networks
established by community centers; establishing requirements
for capitation and other at-risk contracts for members of the
state's priority population; and declaring an emergency, and
recognized the author to explain the bill.
Senator Patterson sent up a committee substitute and explained
the differences between it and the bill as filed.
The chair left the committee substitute for SB 276 pending
temporarily.
The chair laid out SB 359 by Brown, relating to the
continuation and operation of the Department of Protective and
Regulatory Services, the provision of services to children and
families, and suits affecting the parent-child relationship;
providing penalties, and recognized the author to explain the
bill.
Senator Moncrief sent up a committee substitute, and the chair
recognized the author to explain the differences between it
and the bill as filed.
The chair left the committee substitute for SB 359 pending
temporarily.
The chair laid out anew the committee substitute for SB 276 by
Patterson, relating to the delivery and funding of certain
mental health chemical dependency, and mental retardation
services through networks established by community centers;
establishing requirements for capitation and other at-risk
contracts for members of the state's priority population; and
declaring an emergency, which had been left pending, and
recognized the author.
The following persons provided oral testimony on the committee
substitute for SB 276:
Don Gilbert, commissioner, Texas Department of Mental
Health and Mental Retardation, P.O. Box 12668, Austin,
Texas 78711-2668.
Leah Rummel, deputy commissioner, Health Management
Organization, Texas Department of Insurance, 333
Guadalupe, Austin, Texas 78701.
Dennis Henegar, vice president, Regulatory Affairs,
Educare Community Living Corporation of America, 6034 W.
Courtyard Dr., Suite 150, Austin, Texas 78758.
The following person provided oral testimony on the committee
substitute for SB 276:
Susan Schaffer, specialist, Governmental Affairs, The Arc
of Texas, 1600 W. 38th St., Suite 200, Austin, Texas
78731.
The following persons provided oral testimony in support of
the committee substitute for SB 276:
Spencer McClure, executive director, Texas Council of
Community Mental Health and Mental Retardation Centers,
8140 N. MoPac, Austin, Texas 78759.
David Evans, Austin Travis County Mental Health and
Mental Retardation Center, 1430 Collin St., Austin, Texas
78712.
Suzanne Lasko, chair/board member, Tarrant County Mental
Health and Mental Retardation Center, 2605 Colonial
Parkway, Ft. Worth, Texas 76109.
Michelle Brinkman, vice president, Texas Council of
Community Mental Health and Mental Retardation Centers,
701 Hyde Park Ct., Austin, Texas 78748.
Catherine M. Greaves, attorney, Texas Council of
Community Mental Health and Mental Retardation Centers,
700 Lavaca, Suite 1200, Austin, Texas 78701.
Brian Crews, attorney, Texas Council of Community Mental
Health and Mental Retardation Centers, 8140 N. MoPac,
Austin, Texas 78759.
The following person provided oral and written testimony in
support of the committee substitute for SB 276:
Charles Locklin, Texas Alliance for the Mentally Ill,
7507 Long Point Dr., Austin, Texas 78731.
The following persons provided oral and written testimony in
opposition to the committee substitute for SB 276:
Mark Brown, attorney, 19 W. Beauregard, San Angelo, Texas
76903.
Barrett Markland, legislative coordinator, Advocacy,
Inc., 7800 Shoal Creek #171E, Austin, Texas 78757.
Deborah Hiser, staff attorney, Advocacy, Inc., 7800 Shoal
Creek #171E, Austin, Texas 78757.
The following persons provided oral testimony in opposition to
the committee substitute for SB 276:
Dr. Nader N. Chokr, public health policy analyst, ATEX
Healthcare Management, Inc., 5825 Callaghan, Suite 203,
San Antonio, Texas 78228.
Mary Jo Magruder, advocacy and public information
director, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
The following persons registered as resource witnesses on the
committee substitute for SB 276, but did not testify:
Dr. Michael McKinney, commissioner, Health and Human
Services Commission, 4900 N. Lamar, Austin, Texas
78711-3247.
Marina Henderson, executive deputy commissioner, Health
and Human Services Commission, 4900 N. Lamar, Austin,
Texas 78711-3247.
The following person registered on the committee substitute
for SB 276, but did not testify:
Brenda Coleman-Beattie, vice president, public sector
programs, Valve Behavioral Health, 1405 Lost Creek Blvd.,
Austin, Texas 78746-6127.
The following persons registered in opposition to the
committee substitute for SB 276, but did not testify:
Christine Devall, public affairs specialist, Mental
Health Association of Texas, 8401 Shoal Creek, Austin,
Texas 78757.
David Evans, Austin Travis County Mental Health and
Mental Retardation Center, 1430 Collier St., Austin,
Texas 78712.
Suzanne Lasko, chair/ board member, Tarrant County Mental
Health and Mental Retardation, 2605 Colonial Parkway, Ft.
Worth, Texas 76109.
Charles Locklin, consultant, Texas Alliance for the
Mentally Ill, 7507 Long Point Dr., Austin, Texas 78731.
Spencer McClure, executive director, Texas Council of
Community Mental Health and Mental Retardation Centers,
8140 N. Mopac, Austin, Texas 78759.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 276, the chair closed public testimony.
The chair left the committee substitute for SB 276 pending
temporarily.
The chair laid out SB 662 by Moncrief, relating to the
unauthorized practice of chiropractic, providing penalties and
injunctive relief, and recognized the author to explain to
bill.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following persons registered in support SB 662, but did
not testify:
Toole K. Theppote, Accident and Injury Chiropractic
Clinic, 1835 N. Garland Ave., Garland, Texas 75040.
Cary G. Tannery, director of operations, Accident and
Injury Chiropractic, 122 W. Colorado Blvd., Suite 401,
Dallas, Texas 75208.
Robert M. Smith, president/chief executive officer,
Accident and Injury Chiropractic, 122 W. Colorado # 407,
Dallas, Texas 75208.
Stephen A. Smith, Accident and Injury Chiropractic, 122
W. Colorado, Dallas, Texas 75208.
J.P. Word, executive director, Texas Chiropractic
Association, 1601 Rio Grande #420, Austin, Texas 78701.
Kevin D. Kanz, Texas Chiropractic Association, Travis
County Chiropractic Association, 706 West MLK Blvd. #7,
Austin, Texas 78701.
The following persons registered on SB 662, but did not
testify:
Dale L. White, president, Texas Chiropractic Association,
1141 Long Ave., Ft. Worth, Texas 76114.
Patte Kent, executive director, Texas Board of
Chiropractic Examiners, 333 Guadalupe Tower III , Suite
825, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to SB 662, the
chair closed public testimony.
The chair left SB 662 pending at the author's request.
The chair laid out anew the committee substitute for SB 359 by
Brown, relating to the continuation and operation of the
Department of Protective and Regulatory Services, the
provision of services to children and families, and suits
affecting the parent-child relationship; providing penalties,
which had been left pending, and recognized the author.
The following persons provided oral testimony on the committee
substitute for SB 359:
Joey Longley, director, Texas Sunset Advisory Commission,
P.O. Box 13066, Austin, Texas 78711.
Jim Hine, executive director, Texas Department of
Protective and Regulatory Services, 711 W. 51st St.,
Austin, Texas 78711.
Jeff Fisher, executive director, Texas Christian
Coalition, 1810 8th Ave., Fort Worth, Texas 76110.
Ralph B. Mathis, The Rutherford Institute, 9400 N.
Central, Suite 1208, Dallas, Texas 75231.
The following persons provided oral and written testimony on
the committee substitute for SB 359:
Aaryce Hayes, program specialist, Advocacy, Inc., 7800
Shoal Creek Blvd., Suite 171 E, Austin, Texas 78757.
Albert Cheng, legislative director, Free Market
Committee, P.O. Box 741777, Dallas, Texas 75374.
The chair left the committee substitute for SB 359 pending
temporarily.
The chair laid out anew SB 662 by Moncrief, relating to the
unauthorized practice of chiropractic, providing penalties and
injunctive relief, which had been left pending, and recognized
the author.
Senators Gallegos and Patterson asked unanimous consent to be
shown voting "aye" on SB 662. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that SB 662, as amended, be reported to
the Senate with the recommendation that it
do pass and be printed. The motion prevailed by a vote of 10
"ayes, 0 "nays" and 1 "absent."
The chair laid out anew the committee substitute for SB 359 by
Brown, relating to the continuation and operation of the
Department of Protective and Regulatory Services, the
provision of services to children and families, and suits
affecting the parent-child relationship; providing penalties,
which had been left pending, and recognized the author.
The following persons provided oral testimony in opposition to
the committee substitute for SB 359:
Robert Kenney, 1108 W. Cottage, Houston, Texas 77009
Ester Wynn, president-elect, Texas Licensed Childcare
Association, 7510 Brushwood, Houston, Texas 77088.
Russell Fish, 5426 Meadowcreek, Suite 2095, Dallas, Texas
75248.
Thomas McIntire, past president, Texas Licensed
Childcare Association, 4482 Iberis Rd., Abilene, Texas
79606.
The following person provided oral testimony in opposition to
the committee substitute for SB 359:
David Allen Shelton, president, Texas Fathers Alliance,
1222 Commerce St., Suite 23, Dallas, Texas 75202.
The following persons registered as resource witnesses on SB
359, but did not testify:
Howard Baldwin, attorney, Texas Department of Protective
and Regulatory Services, 701 W. 51st St., Austin, Texas
78751.
Zoe Messinger, staff attorney, Texas Sunset Advisory
Commission, P.O. Box 13066, Austin, Texas 78711.
John Hawkins, analyst, Texas Sunset Advisory Commission,
P.O. Box 13066, Austin, Texas 78701.
Robert Morris, assistant director for finance, Texas
Department of Protective and Regulatory Services, 410 W.
32nd St., Austin, Texas 78705.
Mary Coward, chief staff attorney, Office of Court
Administration, 205 W. 14th St.,
Suite 600, Austin, Texas 78701.
John O'Connell, assistant attorney general, Child Support
Division, Office of the Attorney General, 5500 E. Oltorf,
Austin, Texas 78704.
Jim Hutcheson, general counsel, Office of Court
Administration, 205 W. 14th St., Suite 600, Austin, Texas
78701.
The following persons registered on the committee substitute
for SB 359, but did not testify:
Kelly Shackelford, southwest regional coordinator, The
Rutherford Institute, 9400 N. Central, Suite 1208,
Dallas, Texas 75231.
Diana Flowers, chair, Regulatory and Legislative
Commission, Child Development Association of Texas, 5815
Ross Ave., Dallas, Texas 75206.
Pat McDowell, president/judge, First Administrative
Region, Board of Regional Judges For Title IUD Accounts,
133 North Industrial, Dallas, Texas 75207.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for SB 359, the chair closed public testimony.
The chair left the committee substitute for SB 359 pending at
the author's request.
With no other business to come before the committee and upon a
motion by Senator Nelson, the chair recessed the committee by
unanimous consent at 5:30 p.m., subject to the call of the
chair.
_____________________________
Senator Judith Zaffirini, Chair
_____________________________