MINUTES 
          
                       SENATE COMMITTEE ON HUMAN SERVICES 
                            Wednesday, April 28, 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 Wednesday, April 28, 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 8:04 a.m., the following business was  
         transacted.   
          
         The chair laid out the April 21, 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 laid out SB 1391 by Senator Shapleigh, relating to  
         the allocation by the Texas Workforce Commission of certain  
         funds for child care services, and recognized the author to  
         explain the bill. 
          
         Senator Carona sent up a committee substitute for SB 1391 and  
         Senator Shapleigh explained the differences between it and the  
         bill as filed. 
          
         Senator Carona moved the adoption of the committee substitute  
         for SB 1391.  There being no objection, the motion prevailed  
         by unanimous consent. 
          
         The following person registered as a resource witness for the  
         committee substitute for SB 1391, but did not testify: 
          
              David Coufal, director of child care, Texas Workforce  
              Commission, 101 East 15th Street, Room 448T, Austin,  
              Texas 78778.  
  
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for SB 1391, the chair closed public testimony. 
          
         The chair left the committee substitute for SB 1391 pending  
         temporarily, pending the arrival of a quorum. 
          
         The chair laid out SB 1259 by Senator Moncrief, relating to  
         use of the housing trust fund to benefit certain individuals,  
         and recognized the author to explain the bill. 
          
         The following persons registered as resource witnesses on SB  
         1259, but did not testify: 
          
              Janna Courmier, planner, Texas Department of Housing and  
              Community Affairs, 507 Sabine, Austin, Texas 78701. 
          
              Sarah Dale, manager, Housing Resource Center, Texas  
              Department of Housing and Community Affairs, P.O. Box  
              13941, Austin, Texas 78711. 
          
         The following person registered in support of SB 1259, but did  
         not testify: 
          
              Teresa Aguirre, legislative assistant, Texas Association  
         of Homes and Services for the Aging, 
              2205 Hancock, Austin, Texas 78756.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to SB 1259, the  
         chair closed public testimony. 
          
         Senators Gallegos and Harris requested unanimous consent to be  
         shown voting "aye" on SB 1259.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         Senator Carona moved that SB 1259 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 1259 be recommended 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 1391  
         by Senator Shapleigh, relating to the allocation by the Texas  
         Workforce Commission of certain funds for child care services,  
         which had been left pending to await a quorum, and recognized  
         Senator Carona for a motion. 
          
         Senators Gallegos and Harris asked unanimous consent to be  
         shown voting "aye" on the committee substitute for SB 1391.   
         There being no objection, the motion prevailed by unanimous  
         consent.   
  
         Senator Carona moved that SB 1391 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 Carona moved that the committee substitute for SB 1391  
         be recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent.  
          
         At 8:08 a.m. Senator Carona assumed presiding duties. 
          
         The chair laid out HB 875 by Representative Maxey, relating to  
         increasing collections for cases of fraud in the Medicaid,  
         financial assistance, and food stamp programs, and recognized  
         the Senate sponsor, Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute for HB 875  
         and explained the differences between it and the bill as  
         filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for HB 875.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following persons registered as resource witnesses on the  
         committee substitute for HB 875, but did not testify: 
          
              Phyllis Coombes, supervisor of research, Comptroller of  
              Public Accounts, 111 East 17th Street, Austin, Texas  
              78711. 
          
              Don Gilbert, commissioner, Texas Health and Human  
              Services Commission, 4900 North Lamar, Austin, Texas  
              78711. 
          
              Marty Jones, accounts receivable manager, Texas  
              Department of Human Services, Austin, Texas 78751.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for HB 875, the chair closed public testimony. 
          
         Senator Gallegos asked unanimous consent to be shown voting  
         "aye" on the committee substitute for HB 875.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 875 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 HB  
  
         875 be recommended for the local and uncontested calendar.  
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         The chair laid out HB 1514 by Representative Maxey, relating  
         to implementation of certain procedures to ensure accuracy of  
         medical assistance eligibility lists, and recognized the  
         Senate sponsor, Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute for HB 1514  
         and explained the differences between it and the bill as  
         filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for HB 1514.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following persons registered as resource witnesses on the  
         committee substitute for 1514, but did not testify: 
          
              Phyllis Coombes, policy analyst, Comptroller of Public  
              Accounts, 11 East 17th Street, Austin, Texas 78703.  
          
              Don Gilbert, commissioner, Texas Health and Human  
              Services Commission, 4900 North Lamar, Austin, Texas  
              78711. 
          
              Jim Holster, section manager, Program Integrity, Texas  
              Department of Human Services, 8407 Wall Street, 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 1514, the chair closed public testimony. 
          
         Senator Zaffirini moved that HB 1514 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 HB  
         1514 be recommended for the local and uncontested calendar.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         At 8:15 a.m. Senator Zaffirini resumed presiding duties.  
          
         The chair laid out SB 983 by Senator Madla, relating to a  
         branch office of a home health or personal assistance services  
         agency, and recognized Senator Harris to explain the bill on  
         behalf of the Senate sponsor, Senator Madla. 
          
         Senator Harris sent up a committee substitute for SB 983 and  
         explained the differences between it and the bill as filed. 
  
         Senator Harris moved the adoption of the committee substitute  
         for SB 983.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The following persons registered in support of the committee  
         substitute for SB 983, but did not testify: 
          
              Anne Couch, RN, Girling Health Care, Inc., P.O. Box 4294,  
         Austin, Texas 78765. 
          
              Sara Speights, director, Governmental Affairs, Texas  
              Association for Home Care, 3737 Executive Center Drive,  
              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 983, the chair closed public testimony. 
          
         Senator Harris moved that SB 983 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 983  
         be recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair laid out the report of the Subcommittee on Welfare  
         Reform and recognized the chair, Senator Carona, who described  
         legislation, issues and problems that the subcommittee  
         addressed.  Senator Zaffirini directed the staff to include  
         the subcommittee report in the committee's record.  
          
         At 8:20 a.m. Senator Carona assumed presiding duties. 
          
         The chair laid out SB 1591 by Senator Zaffirini, relating to  
         implementing national standards for the electronic processing  
         of health care and health payment information, and recognized  
         the author to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute for SB 1591  
         and explained the differences between it and the bill as  
         filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for SB 1591.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following persons registered as resource witnesses on the  
         committee substitute for SB 1591, but did not testify: 
          
              Cindy Alexander, policy analyst, Comptroller of Public  
         Accounts, 111 East 17th Street, 
              Austin, Texas 78703. 
          
              Eddie Esquivel, manager, Statewide Issues, Department of  
              Information Resources, 300 West 15th Street, Austin,  
              Texas 78701. 
          
              Don Gilbert, commissioner, Texas Health and Human  
              Services Commission, 4900 North Lamar, Austin, Texas  
              78711. 
          
              Bruce Hermes, director of information systems, Texas  
         Department of Health, 1100 West 49th 
              Street, Austin, Texas 78749. 
          
              Dianne Longley, insurance director, Texas Department of  
              Insurance, 333 Guadalupe, Austin, Texas 78701.  
          
              Jerry K. Miller, bureau chief, Information Resources,  
              Texas Department of Health, 1100 West 49th Street,  
              Austin, Texas 78756.  
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for SB 1591, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on the committee substitute for SB 1591.  There being  
         no objection, the motion prevailed by unanimous consent. 
          
         Senator Zaffirini moved that SB 1591 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 Bernsen moved that the committee substitute for SB  
         1591 be recommended for the local and uncontested calendar.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         The chair laid out SB 666 by Senator Zaffirini, relating to  
         exemptions from work or employment activity participation  
         requirements for certain TANF recipients, and recognized the  
         author to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute for SB 666  
         and explained the differences between it and the bill as  
         filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for SB 666.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following person provided oral and written testimony on  
         the committee substitute for SB 666: 
          
              Patrick Bresette, associate director, Center for Public  
         Policy Priorities, 900 Lydia Street,  
              Austin, Texas 78702.  
          
         The following person registered in support of the committee  
         substitute for SB 666, but did not testify: 
          
              Susan Murphree, program services specialist, Advocacy,  
              Incorporated, 7800 Shoal Creek Blvd., #171-E, Austin,  
              Texas 78757. 
          
         The following person registered as a resource witness on the  
         committee substitute for SB 666, but did not testify: 
          
              Judy Denton, director of Texas Works, Texas Department of  
              Human Services, 701 West 51st Street, 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 666, the chair closed public testimony.  
          
         Senator Harris requested unanimous consent to be shown voting  
         "aye" on the committee substitute for SB 666.  There being no  
         objection, the motion prevailed by unanimous consent. 
            
         Senator Zaffirini moved that SB 666 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 8:28 a.m. Senator Zaffirini resumed presiding duties. 
          
         The chair explained that SB 800 by Senator Ellis, relating to  
         the summer food service program, was withdrawn from the agenda  
         to await the arrival of the House companion bill. 
          
         The chair laid out HB 822 by Representative Maxey, relating to  
         the creation of a task force composed of state and county  
         representatives to study federal reimbursement to counties,  
         and recognized the Senate sponsor, Senator Cain, to explain  
         the bill. 
          
         Senator Bernsen sent up a committee substitute for HB 822 and  
         Senator Cain explained the differences between it and the bill  
         as filed. 
          
         Senator Bernsen moved the adoption of the committee substitute  
         for HB 822.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The following persons registered as resource witnesses on the  
         committee substitute for HB 822, but did not testify:  
          
              Cindy Alexander, policy analyst, Comptroller of Public  
         Accounts, 111 East 17th Street, 
              Austin, Texas 78703. 
          
              Justine Martone, systems analyst, Comptroller of Public  
         Accounts, 111 East 17th Street, 
              Austin, Texas 78774. 
         The following persons registered in support of the committee  
         substitute for HB 822, but did not testify: 
          
              Jerry Lewis, commissioner, North & East Judges &  
              Commissioners Association, 100 South Dixon, Gainesville,  
              Texas 76240. 
          
              Helen Walker, Victoria County Judge, Victoria County and  
         County Judges-Commissioners 
              Association of Texas, 115 North Bridge, Room 127,  
         Victoria, Texas 77901.   
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to the committee  
         substitute for HB 822, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on the committee substitute for HB 822.  There being  
         no objection, the motion prevailed by unanimous consent. 
          
         Senator Carona moved that HB 822 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 Carona moved that the committee substitute for HB 822  
         be recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair announced that a meeting concerning SB 369 by  
         Senator Zaffirini, relating to the continuation and functions  
         of the Texas Department of Human Services, would be held  
         today, Wednesday, April 28, at 4 p.m., to discuss the three  
         amendments that were offered and adopted by the Senate  
         Committee on Human Services during the public hearing on  
         Wednesday, April 21.     
          
         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 8:34 a.m., subject to the  
         call of the chair. 
  
         _____________________________________ 
         Judith Zaffirini, Chair 
          
         _____________________________________ 
         Scott Caffey, Committee Clerk