MINUTES 
          
                       SENATE COMMITTEE ON HUMAN SERVICES 
                              Wed., April 14, 1999 
                                     8 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., April 14, 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 8 a.m.  There being a  
         quorum present at 8:07 a.m., the following business was  
         transacted.   
          
         The chair laid out the April 7, 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 due to a scheduling conflict, Senator  
         Ogden requested that consideration be delayed for SB 465 by  
         Ogden, relating to requiring parental consent before medical  
         services are provided to a child under the state Medicaid  
         program.  
          
         The chair laid out SB 1374 by Senator Shapleigh, relating to  
         local matching funds requirement for the child care and  
         development fund, and recognized the author to explain the  
         bill. 
          
         Senator Zaffirini sent up a committee substitute for SB 1374  
         and Senator Shapleigh explained the differences between it and  
         the bill as filed. 
          
         Senator Bernsen moved that the committee substitute for SB  
         1374 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  
         1374: 
          
              David J. Coufal, director of child care, Texas Workforce  
         Commission, 101 East 15th Street, 
              Austin, Texas 78778. 
          
         The following person registered in support of the committee  
         substitute for SB 1374, but did not testify: 
          
              Bonnie S.Y. Escobar, vice president, Greater El Paso  
              Chamber of Commerce, 10 Civic Center Plaza, El Paso,  
              Texas 79901.   
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for SB 1374, the chair closed public testimony. 
          
         Senator Bernsen moved that SB 1374 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 laid out SB 1377 by Senator Shapleigh, relating to a  
         promotora program under which persons who act as bilingual  
         liaisons between health care providers and patients are  
         trained and regulated, and recognized the author to explain  
         the bill. 
          
         The following person registered as a resource witness on SB  
         1377, but did not testify: 
          
              Kathleen Hamilton, acting bureau chief, Texas Department  
              of Health, 1100 West 49th Street, Austin, Texas 78756.  
          
         The following person registered in support of SB 1377, but did  
         not testify: 
          
              Alfred Gilchrist, legislative director, Texas Medical  
              Association, 401 West 15th Street, Austin, Texas 78701.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to SB 1377, the  
         chair closed public testimony. 
          
         Senator Harris moved that SB 1377 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 Harris moved that SB 1377 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
  
         The chair laid out SB 1151 by Senator Bivins, relating to a  
         disqualification from unemployment compensation benefits for  
         certain persons engaged in seasonal employment, and recognized  
         the author to explain the bill. 
          
         Senator Gallegos sent up a committee substitute for SB 1151  
         and Senator Bivins explained the differences between it and  
         the bill as filed. 
          
         Senator Gallegos moved the adoption of the committee  
         substitute for SB 1151.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following person registered as a resource witness on the  
         committee substitute for SB 1151, but did not testify: 
          
              John C. Jennings, attorney, Texas Workforce Commission,  
              15th and Congress, Austin, Texas 78778. 
          
         The following person registered in support of the committee  
         substitute for SB 1151, but did not testify: 
          
              Kirt Moelling, counsel, Texas Panhandle Heritage  
              Foundation, Inc., 1700 Bank One Center, Amarillo, Texas  
              79101. 
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for SB 1151, the chair closed public testimony. 
          
         Senator Harris moved that SB 1151 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 Harris moved that the committee substitute for SB 1151  
         be recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair laid out SB 1678 by Senator Bernsen, relating to the  
         regulation of social workers and social work associates;  
         providing an administrative penalty, and recognized the author  
         to explain the bill. 
          
         Senator Bernsen sent up a committee substitute for SB 1678 and  
         explained the differences between the committee substitute and  
         the bill as filed. 
          
         Senator Bernsen moved that the committee substitute for SB  
         1678 be adopted.  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  
         1678: 
          
              Shirley Bibles, executive director, Texas State Board of  
              Social Workers, 1100 West 49th Street, Austin, Texas  
              78756. 
          
              Jim Zukowski, director, Professional Licensing Division,  
              Texas Department of Health, 4207 Oak Creek Drive, Austin,  
              Texas 78727. 
          
         The following persons provided oral testimony in support of  
         the committee substitute for SB 1678: 
          
              Mark J. Hanna, attorney, Texas Society for Clinical  
              Social Work, 900 Congress, #250, Austin, Texas 78701. 
          
              Leslie Hernandez, National Association of Social Workers  
              - Texas, 810 West 11th Street, Austin, Texas 78701. 
          
         The following persons registered in support of the committee  
         substitute for SB 1678, but did not testify: 
          
              Cindy Ashby, government relations coordinator, Texas  
              Counseling Association, 316 West 12th Street, Suite 402,  
              Austin, Texas 78701.  
          
              Susan Speight, legislative chair, Texas Association for  
              Marriage and Family Therapy, 1033 La Posada, #220,  
              Austin, Texas 78752. 
          
         There being no other witnesses registered or responding to the  
         chair's call relating to the committee substitute for SB 1678,  
         the chair closed public testimony. 
          
         Senator Bernsen moved that SB 1678 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." 
          
         The chair laid out HB 1503 by Representative Gray, relating to  
         the continuation and functions of the Interagency Council on  
         Early Childhood Intervention, and recognized the Senate  
         sponsor, Senator Harris, to explain the bill.  
          
         Senator Harris sent up a committee substitute for HB 1503 and  
         explained the differences between it and the bill as filed. 
          
         Senator Harris moved the adoption of the committee substitute  
         for HB 1503.  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 HB  
         1503: 
          
              Mary Elder, executive director, Interagency Council for  
              Early Childhood Intervention, 4900 North Lamar, Austin,  
              Texas 78759.  
          
         The following persons registered as resource witnesses on the  
         committee substitute for HB 1503, but did not testify: 
          
              Barbra Dorr, policy analyst, Sunset Advisory Commission,  
              1400 North Congress, Austin, Texas 78701. 
          
              John Hawkins, Sunset Advisory Commission, 1400 Congress,  
              Suite E2.002, Austin, Texas 78701. 
          
         The following persons registered in support of the committee  
         substitute for HB 1503, but did not testify: 
          
              Jonas Schwartz, policy associate, United Cerebral Palsy  
              of Texas, 900 Congress Avenue, Suite 226, Austin, Texas  
              78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for HB 1503, the chair closed public testimony. 
          
         Senator Harris moved that HB 1503 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 Harris moved that the committee substitute for HB 1503  
         be recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         At  8:28 a.m. Senator Carona assumed presiding duties. 
          
         The chair laid out HB 1610 by Representative McCall, relating  
         to the continuation, functions, and change of the name of the  
         Texas Planning Council for Developmental Disabilities, and  
         recognized the Senator sponsor, Senator Zaffirini, to explain  
         the bill. 
          
         Senator Harris 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 committee substitute for HB 1610 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 HB 1610, but did not testify: 
          
              Kristin Davis, policy analyst, Sunset Advisory  
              Commission, P.O. Box 1172, Austin, Texas 78767. 
          
              Larry Graham, project manager, Sunset Commission Staff,  
         Austin, Texas 78767. 
          
              Roger Webb, executive director, Texas Planning Council  
         for Developmental Disabilities, 
              4900 North Lamar, Austin, Texas 78751. 
          
         The following persons registered in support of the committee  
         substitute for HB 1610, but did not testify: 
          
              Jan Newsom, chair, Texas Planning Council for  
              Developmental Disabilities, 2200 Ross Avenue, Suite 2200,  
              Dallas, Texas 75201. 
          
              Jonas Schwartz, policy associate, United Cerebral Palsy  
              of Texas, 900 Congress Avenue, Suite 220, Austin, Texas  
              78701.    
         The following person provided oral testimony in support of the  
         committee substitute for HB 1610: 
          
              Judith Sokolow, program services coordinator, Advocacy,  
              Inc., 7800 Shoal Creek Blvd., Suite 171E, Austin, Texas  
              78757. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for HB 1610, the chair closed public testimony. 
          
         Senator Zaffirini moved that HB 1610 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 Harris moved that the committee substitute for HB 1610  
         be recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair laid out HB 1611 by Representative McCall, relating  
         to the continuation and functions of the Governor's Committee  
         on People with Disabilities, and recognized the Senate  
         sponsor, Senator Zaffirini, to explain the bill. 
          
         The following persons registered as resource witnesses on HB  
         1611, but did not testify: 
          
              Larry Graham, project manager, Sunset Advisory  
         Commission, Austin, Texas 78767. 
  
              Ilan Levin, analyst, Sunset Advisory Commission, 1700  
              Bouldin Avenue, Austin, Texas 78704. 
          
              Pat Pound, executive director, Texas Governor's Committee  
              on People with Disabilities, P.O. Box 12428, Austin,  
              Texas 78711. 
          
         The following person provided oral testimony in support of HB  
         1611: 
          
              Jim Caldwell, chair, Texas Governor's Committee on People  
              with Disabilities, 6804 Rockledge Cove, Austin, Texas  
              78731.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 1611, the  
         chair closed public testimony. 
          
         Senator Zaffirini moved that HB 1611 be reported to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion prevailed by a vote of 4 "ayes," 0 "nays" and 1  
         "absent." 
          
         Senator Bernsen moved that HB 1611 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out SB 13 by Senator Zaffirini, relating to the  
         consideration of income earned by certain recipients of  
         Temporary Assistance for Needy Families benefits for  
         eligibility determination purposes, and recognized the author  
         to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute for SB 13 and  
         explained the differences between it and the bill as filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for SB 13.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following persons registered as resource witnesses on the  
         committee substitute for SB 13, but did not testify: 
          
              Judy Denton, director of eligibility services, Texas  
              Department of Human Services, 701 West 51st Street,  
              Austin, Texas 78757.   
          
              Larry Temple, welfare reform director, Texas Workforce  
              Commission, 15th Street, Austin, Texas 78722. 
          
         The following person provided oral and written testimony in  
         support of the committee substitute for SB 13: 
          
              Patrick Bresette, associate director, Center for Public  
      
              Policy Priorities in Texas, 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 13, the chair closed public testimony. 
          
         Senator Zaffirini moved that SB 13 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." 
          
         The chair laid out SB 1291 by Senator Zaffirini, relating to  
         tobacco use in this state, and recognized the author to  
         explain the bill. 
          
         Senator Zaffirini sent up a committee substitute for SB 1291  
         and explained the differences between it and the bill as  
         filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for SB 1291.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following person registered as a resource witness and  
         provided oral and written testimony on the committee  
         substitute for SB 1291: 
          
              Dr. William R. Archer, commissioner, Texas Department of  
              Health, 1100 West 49th Street, Austin, Texas 78756. 
          
         The following persons registered as resource witnesses on the  
         committee substitute for SB 1291, but did not testify: 
          
              Jimmy Archer, manager, Criminal Investigation,  
              Comptroller of Public Accounts, 111 East 17th Street,  
              Austin, Texas 78774. 
          
              Michael Esparza, legal counsel, Comptroller of Public  
              Accounts, 111 East 17th Street, Austin, Texas 78744.  
          
              Philip Huang, chief, Bureau of Disease and Injury  
              Prevention, Texas Department of Health, 1100 West 49th  
              Street, Austin, Texas 78756.    
          
         The following persons provided oral testimony in support of  
         the committee substitute for SB 1291: 
          
              Peter Fisher, manager, State Issues, Campaign for  
              Tobacco-Free Kids, 1707 L. Street, NW, Suite 800,  
              Washington, D.C. 20036. 
          
              Marsha Fountain, American Cancer Society, 2101 Royal  
  
         Dominion, Arlington, Texas 76006. 
          
              Emily Locke, student, Campaign for Tobacco-Free Kids,  
              American Cancer Society, 11209 Salt Cedar Trail, Austin,  
              Texas 78750. 
          
         The following person registered in support of the committee  
         substitute for SB 1291, but did not testify: 
          
              Pam Dillon, director of government relations, American  
         Lung Association of Texas,  
              P.O. Box 26460, Austin, Texas 78755. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for SB 1291, the chair closed public testimony. 
          
         Senator Zaffirini moved that SB 1291 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." 
          
         At 9:21 a.m. Senator Zaffirini resumed presiding duties.  
          
         The chair laid out SB 1441 by Senator Barrientos, relating to  
         expanding the specialized telecommunications devices  
         assistance programs, and recognized the author to explain the  
         bill. 
          
         Senator Gallegos sent up a committee substitute for SB 1441  
         and Senator Barrientos explained the differences between it  
         and the bill as filed. 
          
         Senator Gallegos moved the adoption of the committee  
         substitute for SB 1441.  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  
         1441: 
          
              Ed Bosson, Relay Texas administrator, Public Utility  
              Commission, 1701 North Congress, Austin, Texas 78711.    
          
         The following persons registered as resource witnesses on the  
         committee substitute for SB 1441, but did not testify: 
          
              Billy Collins, director of programs, Texas Commission for  
              the Deaf and Hard of Hearing, 500 East Riverside, #241,  
              Austin, Texas 78704. 
          
              Jennifer G. Enderlin, director-product management,  
      
              Southwestern Bell Telephone Company, 530 McCullough,  
              7-M-1, San Antonio, Texas 78215. 
          
              David W. Myers, executive director, Texas Commission for  
              the Deaf and Hard of Hearing, 4800 North Lamar, #310,  
              Austin, Texas 78756. 
          
              Carrie Spradley, area manager, Rate Administration,  
              Southwestern Bell Telephone, 1616 Guadalupe, Room 310,  
              Austin, Texas 78701. 
          
         The following persons provided oral and written testimony in  
         support of the committee substitute for SB 1441: 
          
              Belinda Carlton, executive director, Coalition of Texans  
              with Disabilities, 316 West 12th Street, Austin, Texas  
              78701. 
          
              Adrian S. Hazard, 12300 Hymeadow, Austin, Texas 78750.   
          
         The following persons registered in support for the committee  
         substitute for SB 1441, but did not testify: 
          
              Ray Miller, chairman of the board, Preferred Voice, Inc.,  
              6500 Greenville Avenue, Dallas, Texas 75226. 
          
              Jonas Schwartz, policy associate, United Cerebral Palsy  
              of Texas, 900 Congress Avenue, Suite 220, Austin, Texas  
              78701. 
          
              Judith Sokolow, manager program services, Advocacy, Inc.,  
              7800 Shoal Creek Blvd., Suite 171E, Austin, Texas 78757.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for SB 1441, the chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on the committee substitute for SB 1441.  There being  
         no objection, the motion prevailed by unanimous consent.  
          
         Senator Bernsen moved that SB 1441 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 announced that the Subcommittee on Welfare Reform  
         would meet on Thursday , April 15, at 9 a.m., in E1.016 and  
         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 of Aging to the Independent Aging Policy  
  
         Council, would meet on Thursday, April 15, at 3 p.m.   The  
         chair invited interested parties to attend. 
          
         There being no other business to come before the committee and  
         upon a motion by Senator Carona, the chair recessed the  
         committee by unanimous consent at 9:38 a.m., subject to the  
         call of the chair. 
          
         ___________________________________________ 
         Senator Judith Zaffirini, Chair 
          
         ___________________________________________ 
         Scott Caffey, Committee Clerk