MINUTES SENATE COMMITTEE ON HUMAN SERVICES Wed., March 31, 1999 7 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on Human Services was held on Wed., March 31, 1999, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Judith Zaffirini, Chair Senator John Carona, Vice Chair Senator David Bernsen Senator Mario Gallegos, Jr. Senator Chris Harris ***** The chair called the meeting to order at 7 a.m. There being a quorum present, the following business was transacted. The chair laid out the March 24, 1999, minutes and called for revisions. There being none, Senator Carona moved their approval. There being no objection, the motion prevailed by unanimous consent. The chair explained that SB 1151 by Senator Bivins, relating to a disqualification from unemployment compensation benefits for certain persons engaged in seasonal employment, and SB 1159 by Senator Carona, relating to compliance with certain requirements of the responsibility agreement by recipients of Temporary Assistance for Needy Families benefits, were withdrawn from the agenda by the authors. The chair laid out SB 1158 by Senator Carona, relating to fraudulent conduct with respect to TANF benefits, and recognized the author to explain the bill. Senator Carona sent up a committee substitute for SB 1158 and explained the differences between it and the bill as filed. Senator Carona moved that the committee substitute for SB 1158 be adopted. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen sent up committee amendment 1 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that the amendment adopted be rolled into a new committee substitute for SB 1158 and that the new committee substitute be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as a resource witness on the committee substitute for SB 1158, but did not testify: George Duran, inspector general, Texas Department of Human Services, 8407 Wall Street, Austin, Texas 78757. Fairy Davenport Rutland, director-hearings, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. The following person provided oral and written testimony in opposition to the committee substitute for SB 1158: Patrick Bresette, associate director, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1158, the chair closed public testimony. Senator Carona moved that SB 1158 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 3 "ayes," 0 "nays," and 2 "absent." At 7:08 a.m. Senator Carona assumed presiding duties. The chair laid out SB 1292 by Senator Zaffirini, relating to monitoring the financial condition of certain nursing facilities licensed by the Texas Department of Human Services, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1292 and explained the differences between it and the bill as filed. Senator Zaffirini moved that the committee substitute for SB 1292 be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses for the committee substitute for SB 1292, but did not testify: Cindy Alexander, policy analyst, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78703. Marc Gold, DHS Long-Term Care, Regulatory Division, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. Jim Lehrman, associate commissioner, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. Chuck Lyon, director, Internal Audit, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78751. The following person provided oral testimony on the committee substitute for SB 1292: Tim Graves, executive director, Texas Health Care Association, P.O. Box 4554, Austin, Texas 78765. The following person provided oral testimony in support of the committee substitute for SB 1292: Sid Rich, executive director, Texas Association of Residential Care Communities, 8842 Honeysuckle Trail, Austin, Texas 78759. The following persons registered in support of the committee substitute for SB 1292, but did no testify: Beth Ferris, president, Texas Advocates for Nursing Home Residents, 500 East Anderson Lane, Austin, Texas 78752. Mary Ann Hulse, AARP, 5737 North Scout Island Circle, Austin, Texas 78731. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1292, the chair closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1292. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1292 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 4 "ayes," 0 "nays," and 1 "absent." Senator Zaffirini moved that the committee substitute for SB 1292 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1590 by Senator Zaffirini, relating to the investigation and prosecution of fraud in the workers' compensation program for state employees, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1590 and explained the differences between it and the bill as filed. Senator Zaffirini sent up committee amendment 1 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that the amendment adopted be rolled into a new committee substitute for SB 1590 and that the new committee substitute be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 1590, but did not testify: Bruce Birdwell, executive director, State Office of Risk Management, 300 West 15th Street, Suite 600, Austin, Texas 78711. Jonathan D. Bow, general counsel, State Office of Risk Management, 300 West 15th Street, Austin, Texas 78711-3777. Patricia Gilbert, assistant director, State Office of Risk Management, 300 West 15th Street, Austin, Texas 78701. Aurora F. LeBrun, associate commissioner, Office of Investigations, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78751. Stephen Quick, director, Compliance and Practices, Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1590, the chair closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1590. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1590 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 4 "ayes," 0 "nays," and 1 "absent." Senator Zaffirini moved that the committee substitute for SB 1590 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1589 by Senator Zaffirini, relating to fraudulent claims for medical or health care benefits submitted under certain state programs, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1589 and explained the differences between it and the bill as filed. Senator Zaffirini moved that the committee substitute for SB 1589 be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 1589, but did not testify: Phyllis Coombes, supervisor, Research, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78711. Jon Nelson, assistant state auditor, State Auditor's Office, 7602 Islander, Austin, Texas. Scott E. Stephenson, medicaid fraud control unit, Office of the Attorney General, P.O. Box 12307, Austin, Texas 78711-2307. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1589, the chair closed public testimony. Senator Gallegos requested unanimous consent to be shown voting "aye" on the committee substitute for SB 1589. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1589 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 4 "ayes," 0 "nays," and 1 "absent." Senator Zaffirini moved that the committee substitute for SB 1589 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1592 by Senator Zaffirini, relating to implementation of certain procedures to ensure accuracy of medical assistance eligibility lists, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1592 and explained the differences between it and the bill as filed. Senator Zaffirini moved that the committee substitute for SB 1592 be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 1592, but did not testify: Richard Bays, state registrar, Bureau of Vital Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Phyllis Coombes, supervisor, Research, Office of the State Comptroller, 111 East 17th Street, Austin, Texas 78701. Jim Holster, risk assessment and benefit claims section manager, Texas Department of Human Services, 1820 Cypress Rapids, New Braunfels, Texas 78130. Scott E. Stephenson, medicaid fraud control unit, Office of the Attorney General, P.O. Box 12307, Austin, Texas 78711-2307. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1592, the chair closed public testimony. Senator Gallegos requested unanimous consent to be shown voting "aye" on the committee substitute for SB 1592. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1592 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 5 "ayes," and 0 "nays." Senator Zaffirini moved that the committee substitute for SB 1592 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 7:32 a.m. Senator Zaffirini resumed presiding duties. The chair laid out SB 1122 by Senator Armbrister, relating to circumstances in which cigarettes may not be affixed with stamps or sold; providing penalties, and recognized the author to explain the bill. The following person registered in support of SB 1122, but did not testify: Joe Ratcliff, president, Texas Association of Wholesale Distributors, 7320 North MoPac Expressway, Suite 209, Austin, Texas 78731. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1122, the chair closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on SB 1122. There being no objection, the motion prevailed by unanimous consent. Senator Harris moved that SB 1122 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 "ayes," and 0 "nays." Senator Zaffirini moved that SB 1122 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 7:36 a.m. Senator Carona assumed presiding duties. The chair laid out SB 1588 by Senator Zaffirini, relating to fraud control procedures for the Medicaid managed care program, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1588 and explained the differences between it and the bill as filed. Senator Zaffirini moved that the committee substitute for SB 1588 be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 1588, but did not testify: Phyllis Coombes, supervisor, Research, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78703. Aurora F. LeBrun, associate commissioner, Office of Investigations, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78751. Jon Nelson, assistant state auditor, State Auditor's Office, 7602 Islander, Austin, Texas. Alison Smith, acting director of development, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Scott E. Stephenson, medicaid fraud control unit, Office of the Attorney General, P.O. Box 12307, Austin, Texas 78711-2307. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1588, the chair closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1588. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1588 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 5 "ayes," and 0 "nays." Senator Zaffirini moved that the committee substitute for SB 1588 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1587 by Senator Zaffirini, relating to the detection of fraud, waste, and abuse in the state Medicaid program, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1587 and explained the differences between it and the bill as filed. Senator Zaffirini moved that the committee substitute for SB 1587 be adopted. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness and provided oral testimony on the committee substitute for SB 1587: Bobby Halfmann, chief financial officer, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78711. The following persons registered as resource witnesses on the committee substitute for SB 1587, but did not testify: Phyllis Coombes, supervisor, Research, Office of the Comptroller, 111 East 17th Street, Austin, Texas 78703. Hank Dembosky, Texas Department of Human Services, 8407 Wall Street, Austin, Texas 78753. George Duran, inspector general, Texas Department of Human Services, 8407 Wall Street, Austin, Texas 78714. James L. Holster, risk assessment and benefits claims section manager, Texas Department of Human Services, 8407 Wall Street, Austin, Texas 78757. Aurora F. LeBrun, associate commissioner, Office of Investigations, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78751. Jerry K. Miller, bureau chief, Information Resources, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Jon Nelson, assistant state auditor, State Auditor's Office, 7602 Islander, Austin, Texas. Scott E. Stephenson, medicaid fraud control unit, Office of the Attorney General, P.O. Box 12307, Austin, Texas 78711-2307. Bill Whalen, director, Special Operation, Office of the Inspector General, Texas Department of Human Services, 8407 Wall Street, Austin, Texas 78714. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1587, the chair closed public testimony. Senator Gallegos requested unanimous consent to be shown voting "aye" on the committee substitute for SB 1587. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1587 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 5 "ayes," and 0 "nays." Senator Zaffirini moved that the committee substitute for SB 1587 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 7:48 a.m. Senator Zaffirini resumed presiding duties. The chair laid out SB 346 by Senator Harris, relating to health and human services regions, and recognized the author to explain the bill. The following person registered as a resource witness on SB 346, but did not testify: Judy Rouse, deputy director for regional operations, Texas Department of Protective and Regulatory Services, 501 West 51st Street, Austin, Texas 78751. The following person provided oral testimony in support of SB 346: Estelle Teague, 712 Bedford Court West, Hurst, Texas 76053-4322. The following person submitted written testimony prior to today's hearing in opposition to SB 346: Nikki Hatley, chair, Tarrant County Child Protective Services Board, 4601 Cloudview Road, Fort Worth, Texas 76109. The chair left SB 346 pending at the request of the author. The chair laid out SB 1423 by Senator West, relating to providing supplemental financial assistance and services to certain grandparents, and recognized the author to explain the bill. The following person registered as a resource witness and provided oral testimony: Judy L. Denton, director of eligibility services, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78757. The following person registered as a resource witness on SB 1423, but did not testify: Sarah Webster, director, Child Protective Services, Texas Department of Protective and Regulatory Services, 701 West 51st, Austin, Texas 78714. The following persons provided oral testimony in support of SB 1423: Versalis Boles, director, Garland Grandparent Support Group, 2921 Donald Drive, Garland, Texas 75041. Anna Farr, Garland Grandparents Group, 430 Satinwood Drive, Dallas, Texas 75217. Alice M. Mitchell, 2551 Hooper Street, Dallas, Texas 75215. Leonarda Ramirez, 2834 Carlson Drive, Dallas, Texas 75235. Tom Richard Sawyer, 5416 Loving Drive, Garland, Texas 75043. Sherion Stribling, social services specialist, Garland ISD, 956 South Weather Red Drive, Richardson, Texas 75080. Helen Watson, 2221 Nottingham Drive, Garland, Texas 75041. The following persons registered in support of SB 1423, but did not testify: Patrick Bresette, associate director, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. Jessie M. Shelton, 3522 Hancock, Dallas, Texas 75210. . Darlene Sullivan, Garland Grandparents as Parents Group, 910 Northshore, Garland, Texas 75040. At 8:03 Senator Carona assumed presiding duties. There being no other witnesses registered or responding to the chair's call for public testimony related to SB 1423, the chair closed public testimony. The chair left SB 1423 pending at the request of the author. At 8:12 a.m. Senator Zaffirini resumed presiding duties. The chair laid out SB 1574 by Senator West, relating to the administration of certain programs for at-risk children and their families, and recognized the author to explain the bill. Senator Bernsen sent up committee amendment 1 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen moved that the amendment adopted be rolled into a committee substitute for SB 1574, and that the committee substitute be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resources witnesses on the committee substitute for SB 1574, but did not testify: Nancy Arrigona, director of research, Criminal Justice Policy Council, Austin, Texas 78711. Thomas Chapmond, director, Communities Initiatives, Texas Department of Protective and Regulatory Services, P.O. Box 149030, Austin, Texas 78714-9030. Mary Ellen Nudd, vice president, Mental Health Association in Texas, Round Rock, Texas 78681. Sarah Winkler, director of education, Children's Trust Fund of Texas, 1884 Highway 71 West, Cedar Creek, Texas 78612. The following persons provided oral and written testimony in support of the committee substitute for SB 1574: Vicki Baab, lead parent educator, Garland Independent School District, 1312 Stonecreek Court, Garland, Texas 75043. Stella C. Mullins, president, Mental Health Association, 8401 Shoal Creek Blvd., Austin, Texas 78757. Roy Ramirez, program coordinator, Mental Health Association in Texas, 909 Zunker, Seguin, Texas 78155. The following persons provided oral testimony in support of the committee substitute for SB 1574: Sandra Chavarria, president & CEO, Communities In Schools, 2804 Swiss Avenue, Dallas, Texas 75204. Karl Schmalz, board member, Communities In School, 3500 University Blvd., Dallas, Texas 75205. The following persons registered in support of the committee substitute for SB 1574, but did not testify: Jessica T. Contreras, 1850 Grandstand Drive, San Antonio, Texas 78238. Christine Douglas, Communities In Schools, 1667 Camella Lane, New Braunfels, Texas 78130. Don Loving, 2716 Littlefront Trail, Cedar Park, Texas 78613. Joseph A. Martinez, senior vice president, United Way of Texas, 823 Congress, Suite 1103, Austin, Texas 78701. Joan Nemec, program coordinator, Communities In Schools of Comal County, 161 South Castell, New Braunfels, Texas 78130. Mary Ellen Nudd, vice president, Mental Health Association in Texas, 1205 West Creek Loop, Round Rock, Texas 78681. Nancy A. Reed, 6006 Bantry Bay, San Antonio, Texas 78240. Elaine Shiver, program director, Texas Parents As Teachers, 5952 Royal Lane, Suite 261, Dallas, Texas 75230. Elizabeth Trevino, program coordinator, Communities In Schools of Comal County, 161 South Castell, New Braunfels, Texas 78130. There being no other witnesses registered or responding to the chair's call for public testimony related to the committee substitute for SB 1574, the chair closed public testimony. Senator Bernsen moved that the SB 1574 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 4 "ayes," 0 "nays," and 1 "absent." The chair laid out SB 1234 by Senator Nelson, relating to the expansion and funding of the Texas Integrated Funding Initiative of the Health and Human Services Commission, and recognized the author to explain the bill. Senator Carona sent up committee amendment 1 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that the amendment adopted be rolled into a committee substitute for SB 1234 and that the committee substitute be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 1234, but did not testify: Cindy Alexander, policy analyst, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78703. Deborah Berndt, director of children's services, Texas Department of Mental Health and Mental Retardation, Austin, Texas 78751. Ann Stanley, director of children's services, Texas Health and Human Services Commission, 4900 North Lamar, Austin, Texas 78751. Penny Steele, Texas Department of Mental Health and Mental Retardation, 909 West 45th Street, Austin, Texas 78756. The following persons provided oral and written testimony in support of the committee substitute for SB 1234: Patti Derr, executive director, Texas Federation of Families for Children's Mental Health, 7701 North Lamar, Austin, Texas 78756. Alexa Thornton, parent, Texas Federation of Families for Children's Mental Health, 3400 Salado Creek, #808, San Antonio, Texas 78217. The following persons provided oral testimony in support of the committee substitute for SB 1234: Melanie Gantt, director of public affairs, Mental Health Association in Texas, 8401 Shoal Creek Blvd., Austin, Texas 78757. Luanne Southern, project director, The Children's Partnership, 2902 Clearview Drive, Austin, Texas 78703. The following person registered in support of the committee substitute for SB 1234, but did not testify: Joseph A. Martinez, senior vice president, United Way of Texas, 823 Congress, Austin, Texas 78701. There being no other witnesses registered or responding to the chair's call for public testimony related to the committee substitute for SB 1234, the chair closed public testimony. Senator Carona moved that SB 1234 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 4 "ayes," 0 "nays," and 1 "absent." Senator Carona moved that the committee substitute for SB 1234 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1248 by Senator Nelson, relating to Medicaid third-party recoveries; providing a penalty, and recognized the author to explain the bill. Senator Carona sent up committee amendment 1 and moved its adoption. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that the amendment adopted be rolled into a committee substitute for SB 1248 and that the committee substitute be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses on the committee substitute for SB 1248, but did not testify: Cindy Alexander, policy analyst, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78703. Terry Cottrell, manager, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78746. There being no other witnesses registered or responding to the chair's call for public testimony related to the committee substitute for SB 1248, the chair closed public testimony. Senator Carona moved that SB 1248 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 4 "ayes," 0 "nays," and 1 "absent." Senator Carona moved that the committee substitute for SB 1248 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1138 by Senator Wentworth, relating to assistance funds for mandatory health care services provided in certain counties, and recognized the author to explain the bill. The following person registered as a resource witness on SB 1138, but did not testify: Bonnie Magers, director, Indigent Health Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3168. The following person provided oral testimony in support of SB 1138: Don Richey, administrator, Guadalupe Valley Hospital, 1215 East Court Street, Seguin, Texas 78155. The following person registered in support of SB 1138, but did not testify: Craig A. Walker, director of governmental affairs, Davis and Wilkersen, PC, 200 One American Center, Austin, Texas 78701. There being no other persons registered or responding to the chair's call for public testimony related to SB 1138, the chair closed public testimony. Senator Carona moved that SB 1138 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 "ayes," and 0 "nays." Senator Carona moved that SB 1138 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen moved to reconsider the vote by which the committee substitute for SB 1158 was reported favorably to the Senate. There being no objection, the motion prevailed by unanimous consent. The chair laid out anew the committee substitute for SB 1158 by Senator Carona, relating to fraudulent conduct with respect to TANF benefits. Senator Carona moved to re-open public testimony relating to the committee substitute for SB 1158. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses and provided oral testimony on the committee substitute for SB 1158: Nicholas Dauster, executive assistant, Texas Department of Human Services, 8407 Wall Street, Austin, Texas 78757. Judy L. Denton, director of eligibility services, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78757. The following person provided oral and written testimony in opposition to the committee substitute for SB 1158: Patrick Bresette, associate director, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1158, the chair closed public testimony. Senator Carona moved anew that the SB 1158 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 4 "ayes," and 1 "nay." The chair announced that the Staff Working Group for SB 374 by Zaffirini, relating to the creation of and transfer of certain programs to a long-term care agency on human services, aging, health and rehabilitation and the transfer of certain functions from the Department on Aging to the Independent Aging Policy Council, would meet again and requested that interested parties contact the committee office for more information. With no other business to come before the committee and upon a motion by Senator Carona, the chair recessed the committee by unanimous consent at 9:10 a.m., subject to the call of the chair. _______________________________________ Judith Zaffirini, Chair _______________________________________ Scott Caffey, Committee Clerk