MINUTES 
          
                       SENATE COMMITTEE ON HUMAN SERVICES 
                             Wednesday, May 12, 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 Wednesday, May 12, 1999, in the Senate  
         Chamber at Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Judith Zaffirini, Chair         Senator Mario  
                                                 Gallegos, Jr. 
         Senator John Carona, Vice Chair          
         Senator David Bernsen 
         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 HB 1459 by Representative Dunnam, relating  
         to facilities and services for the care of the elderly or a  
         person with a disability in certain municipal hospital  
         authorities, and recognized the Senate sponsor, Senator  
         Sibley, to explain the bill. 
          
         The following person registered as resource witnesses on HB  
         1459, but did not testify: 
          
              Shaku Desai, planner, Texas Department of Health, 1100  
              West 49th Street, Austin, Texas 78758. 
          
         The following person registered and provided written testimony  
         on HB 1459, but did not testify:  
          
              Tim Graves, executive director, Texas Health Care  
              Association, P.O. Box 4554, Austin, Texas 78737. 
          
         The following person registered in support of HB 1459, but did  
         not testify: 
          
              Craig A. Walker, director of governmental relations,  
              Texas Organization of Rural and Community Hospitals, 200  
              One American Center, Austin, Texas 78701.  
          
         There being no other witnesses registered or responding to the  
  
         chair's call for public testimony relating to HB 1459, the  
         chair closed public testimony.   
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 1459.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that HB 1459 be reported to the Senate  
         with the recommendation that it do pass and be printed.  There  
         motion prevailed by a vote of 4 "ayes," 0 "nays" and 1  
         "absent." 
          
         Senator Carona moved that HB 1459 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 897 by Representative Haggerty, relating  
         to medical assistance payments for ambulance services, and  
         recognized the Senate sponsor, Senator Carona, to explain the  
         bill. 
          
         The following person registered as a resource witness on HB  
         897, but did not testify: 
          
              Brenda Salisbery, program specialist, Texas Department of  
              Health, 13263 Darwin Lane, Austin, Texas 78729. 
          
         The following person registered in support of HB 897, but did  
         not testify: 
          
              Craig A. Walker, director of governmental affairs, Texas  
              Ambulance Association, 200 One American Center, Austin,  
              Texas 78701.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 897, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 897.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that HB 897 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 Carona moved that HB 897 be recommended for the local  
         and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 1797 by Representative Tillery, relating  
         to the transportation of certain individuals who may have a  
         mental illness and are admitted to a county mental health  
         facility for emergency detention, and recognized the Senate  
  
         sponsor, Senator Carona, to explain the bill. 
          
         The following person provided oral testimony in support of HB  
         1797: 
          
              Melanie Barton, assistant district attorney, Dallas  
              County, 411 Elm Street, 5th Floor, Dallas, Texas 75202.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 1797, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 1797.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that HB 1797 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 Carona moved that HB 1797 be recommended for the local  
         and uncontested calendar. There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The chair laid out HB 2148 by Representative Maxey, relating  
         to certain federally funded long-term care Medicaid programs,  
         and recognized Senator Bernsen to explain the bill on behalf  
         of the Senate sponsor, Senator Moncrief. 
          
         The following person registered as a resource witness on HB  
         2148, but did not testify: 
          
              Susan Penfield, division director, Children with Special  
              Health Care Needs, Texas Department of Health, 1100 West  
              49th Street, Austin, Texas 78756-3179. 
          
         The following persons registered in support of HB 2148, but  
         did not testify: 
          
              Patricia Anderson, executive director, United Cerebral  
              Palsy of Texas, 900 Congress, Suite 220, Austin, Texas  
              78701.  
          
              Frank Genco, Texas planning Council for Developmental  
              Disabilities, 4900 North Lamar, Austin, Texas 78751. 
          
              Susan Murphree, program specialist, Advocacy,  
              Incorporated, 7800 Shoal Creek Blvd., 171-E, Austin,  
              Texas 78757.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony 
         relating to HB 2148, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 2148.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Bernsen moved that HB 2148 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 2148 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         At 7:11 a.m. Senator Carona resumed presiding duties. 
          
         The chair laid out HB 836 by Representative Tracy King,  
         relating to access under the public information law to birth  
         and death indexes, and recognized the Senate sponsor, Senator  
         Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute for HB 836  
         and explained the differences between it and the bill as  
         filed. 
          
         Senator Zaffirini moved the adoption of the committee  
         substitute for HB 836.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The following persons registered as resource witnesses on the  
         committee substitute for HB 836, but did not testify: 
          
              Richard Bays, state registrar, Texas Department of  
              Health, 1100 West 49th Street, Austin, Texas 78756. 
          
              Rebecca Payne, assistant attorney general, Office of the  
              Attorney General, P.O. Box 12548, Austin, Texas 78711.    
          
              Dan Robertson, consultant, ARCO Permian, 816 Congress,  
         Suite 1680, Austin, Texas 78701. 
          
         The following person provided oral testimony in support of the  
         committee substitute for HB 836: 
          
              John C. Miller, president, Austin Genealogical Society,  
              5921 Carleen Drive, 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 836, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent be shown voting "aye"  
         on the committee substitute for HB 836.  There being no  
         objection, the motion prevailed by unanimous consent. 
  
         Senator Zaffirini moved that HB 836 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 HB  
         836 be recommended for the local and uncontested calendar.   
         There being no objection, the motion prevailed by unanimous  
         consent. 
          
         The chair laid out HB 908 by Representative Coleman, relating  
         to enforcement of screening requirements for vision, hearing,  
         and other special senses and communication disorders of  
         children in certain licensed child-care facilities, and  
         recognized the Senate sponsor, Senator Zaffirini, to explain  
         the bill.        
          
         The following persons registered as resource witnesses on HB  
         908, but did not testify: 
          
              Elisah R. Brown, administrator, Texas Department of  
              Health, 1100 West 49th Street, Austin, Texas 78756. 
          
              Mark J. Marsh, director of licensing, Texas Department of  
         Protective and Regulatory Services,  
              701 West 51st, Austin, Texas 78744. 
          
              Rose Aird Minette, program specialist - hearing loss,  
              Texas Commission for the Deaf and Hard of Hearing, 4800  
              North Lamar Blvd., #310, Austin, Texas 78756.   
          
         The following person provided oral and written testimony in  
         support of HB 908: 
          
              Diane Ingram, executive director, Prevent Blindness  
              Texas, 1100 West 45th Street, Austin, Texas 78756. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 908, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 908.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 908 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 Zaffirini moved that HB 908 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
  
         motion prevailed by unanimous consent. 
          
         The chair laid out the May 5 and May 10, 1999, minutes and  
         called for revisions.  There being none, Senator Zaffirini  
         moved their approval.  There being no objection, the motion  
         prevailed by unanimous consent.   
          
         The chair laid out HB 2170 by Representative Naishtat,  
         relating to investigations and protective services for elderly  
         and disabled persons, and recognized the Senate sponsor,  
         Senator Zaffirini, to explain the bill. 
          
         The following persons registered as resource witnesses on HB  
         2170, but did not testify: 
          
              Marc Gold, Texas Department of Human Services, Austin,  
         Texas. 
          
              Bettye M. Mitchell, Texas Department of Protective and  
              Regulatory Services, 7401 Brookhollow, Austin, Texas  
              78752. 
          
              Jean Wallace, senior attorney, Texas Department of  
              Protective and Regulatory Services, Austin, Texas. 
         The following person registered in support of HB 2170, but did  
         not testify: 
          
              Frank Genco, Texas Planning Council for Developmental  
              Disabilities, 4900 North lamar, Austin, Texas 78751. 
          
              Susan Marshall, governmental affairs specialist, The ARC  
              of Texas, 1600 West 38th Street, Suite 200, Austin, Texas  
              78731. 
          
         The following person submitted written testimony in support of  
         HB 2170, but did not testify:   
          
              Susan Murphree, program specialist, Advocacy,  
              Incorporated, 7800 Shoal Creek Blvd., 
               #171E, Austin, Texas 78757.  
          
         There being no other persons registered or responding to the  
         chair's call for public testimony relating to HB 2170, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 2170.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 2170 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 Zaffirini moved that HB 2170 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2873 by Representative Maxey, relating  
         to the operation of certain Medicaid waiver programs for  
         children with disabilities or special health care needs, and  
         recognized the Senate sponsor, Senator Zaffirini, to explain  
         the bill. 
          
         Senator Zaffirini sent up committee amendment 1 and moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The following persons registered as resource witnesses on HB  
         2873, as amended, but did not testify: 
          
              Anita Anderson, director of community care services,  
              Texas Department of Human Services, 701 West 51st Street,  
              Austin, Texas 78714. 
          
              Susan Penfield, division director, Children with Special  
              Health Care Needs, Texas Department of Health, 1100 West  
              49th Street, Austin, Texas 78756.  
          
              Penny Steele, director of governmental affairs, Texas  
              Department of  Mental Health and Mental Retardation, 909  
              West 45th Street, Austin, Texas 78751. 
          
              Linda Wertz, state Medicaid director, Texas Health and  
              Human Services Commission, P.O. Box 13247, Austin, Texas  
              78711. 
          
         The following persons registered in support and provided  
         written testimony on  HB 2873, as amended, but did not  
         testify: 
          
              Patricia Anderson, executive director, United Cerebral  
              Palsy of Texas, 900 Congress, Suite 220, Austin, Texas  
              78701.  
          
              Frank Genco, Texas Planning Council for Developmental  
              Disabilities, 4900 North Lamar, Austin, Texas 78751. 
          
              Susan Marshall, governmental affairs specialist, The ARC  
              of Texas, 1600 West 38th Street, Suite 200, Austin, Texas  
              78731. 
          
              Susan Murphree, program specialist, Advocacy,  
         Incorporated, 7800 Shoal Creek Blvd., #171E, 
              Austin, Texas 78757. 
          There being no other witnesses registered or responding to  
         the chair's call for public testimony relating to HB 2873, as  
         amended, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 2873, as amended. There being no objection, the  
         motion prevailed by unanimous consent.  
          
         Senator Zaffirini moved that HB 2873, as amended, 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 Zaffirini moved that HB 2873, as amended, be  
         recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         The chair laid out HB 3740 by Representative Greenberg,  
         relating to the location of administrative hearings conducted  
         by the State Office of Administrative Hearings on behalf of  
         the Department of Protective and Regulatory Services, and  
         recognized the Senate sponsor, Senator Zaffirini, to explain  
         the bill. 
          
         The following persons registered as resource witnesses, but  
         did not testify: 
          
              Martha H. Allan, supervising attorney, Texas Department  
              of Protective and Regulatory Services, 701 West 51st,  
              Austin, Texas 78744. 
          
              Amy Hodgins, deputy chief, State Office of Administrative  
              Hearings, 300 West 15th Street, Suite 502, Austin, Texas. 
          
              Mark J. Marsh, director of licensing, Texas Department of  
              Protective and Regulatory Services, 701 West 51st Street,  
              Austin, Texas 78744. 
          
              Sheila Bailey Taylor, chief administrative judge, State  
              Office of Administrative Hearings, 300 West 15th Street,  
              Suite 502, Austin, Texas. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 3740, the  
         chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 3740.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 3740 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 Zaffirini moved that HB 3740 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
  
         The chair laid out HB 3741 by Representative Greenberg,  
         relating to regulation by the Department of Protective and  
         Regulatory Services of certain child-care facilities, family  
         homes, and child-placing agencies, and recognized the Senate  
         sponsor, Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up committee amendment 1 and moved it's  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The following person registered as a resource witness on HB  
         3741, as amended, but did not testify: 
          
              Mark J. Marsh, director of licensing, Texas Department of  
         Protective and Regulatory Services, 
              701 West 51st Street, Austin, Texas 78744. 
          
         The following person registered in support of HB 3741, as  
         amended, but did not testify: 
          
              Nancy Holman, executive director, Texas Association of  
         Licensing Children's Services,  
              4701 Westgate Blvd., Suite B-202, Austin, Texas 78745.  
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 3741, as  
         amended, the chair closed public testimony. 
          
         Senator Harris asked unanimous consent to be shown voting  
         "aye" on HB 3741, as amended.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         Senator Zaffirini moved that HB 3741, as amended,  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 Zaffirini moved that HB 3741, as amended, be  
         recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         At 7:35 a.m. Senator Zaffirini resumed presiding duties. 
          
         The chair laid out HB 1854 by Representative Thompson,  
         relating to indigent care provided by the Harris County  
         Hospital District, and recognized Senator Bernsen to explain  
         the bill on behalf of the Senate sponsor, Senator Ellis. 
          
         The following person registered in support of HB 1854, but did  
         not testify: 
          
              Richard Cron, legislative coordinator, Harris County -  
              Judge Robert Eckels, 1001 Preston, 9th Floor, Houston,  
              Texas 77002.   
  
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 1854, the  
         chair closed public testimony. 
          
         Senator Bernsen moved that HB 1854 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 1854 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HB 2966 by Representative Hilbert, relating  
         to the authority of certain hospital authorities to provide  
         facilities and services for the elderly and disabled, and  
         recognized Senator Bernsen to explain the bill on behalf of  
         the Senate sponsor, Senator Lindsay. 
          
         The following person registered in support of HB 2966, but did  
         not testify: 
          
              George Covington, vice president, Tomball Regional  
              Hospital, 605 Holderrieth, Tomball, Texas 77375. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HB 2966, the  
         chair closed public testimony.  
          
         Senator Bernsen moved that HB 2966 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 2966 be recommended for the  
         local and uncontested calendar.  There being no objection, the  
         motion prevailed by unanimous consent. 
          
         The chair laid out HCR 96 by Representative Coleman, directing  
         the Texas Health and Human Services Commission to maximize  
         federal funding for outreach activities related to children's  
         health insurance, and recognized Senator Bernsen to explain  
         the bill on behalf of the Senate sponsor, Senator Ellis. 
          
         The following person registered as a resource witness on HCR  
         96, but did not testify: 
          
              Susan Penfield, division director, Children with Special  
              Health Care Needs, Texas Department of Health, 1100 West  
              49th Street, Austin, Texas 78756-3179.   
          
         The following persons registered in support of HCR 96, but did  
         not testify: 
               
              Patricia Anderson, executive director, United Cerebral  
              Palsy of Texas, 900 Congress, Suite 220, Austin, Texas  
              78701. 
          
              Frank Genco, Texas Planning Council for Developmental  
         Disabilities, 4900 North Lamar, 
              Austin, Texas 78751. 
          
              Susan Marshall, governmental affairs specialist, The ARC  
         of Texas, 1600 West 38th, Suite 200, 
              Austin, Texas 78731. 
          
              Susan Murphree, program specialist, Advocacy,  
         Incorporated, 7800 Shoal Creek Blvd., #171E, 
              Austin, Texas 78757. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony relating to HCR 96, the  
         chair closed public testimony. 
          
         Senator Bernsen moved that HCR 96 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 HCR 96 be recommended for the local  
         and uncontested calendar. There being no objection, the motion  
         prevailed by unanimous consent. 
          
         The chair laid out HB 3693 by Representative Hunter, relating  
         to certification under the state Medicaid program of nursing  
         home beds in certain nursing facilities, and recognized the  
         Senator Carona to explain the bill on behalf of the Senate  
         sponsor, Senator Fraser. 
          
         The following person registered as a resource witness and  
         provided oral testimony on HB 3693: 
          
              Jim Lehrman, associate commissioner, Texas Department of  
              Human Services, 701 West 51st Street, Austin, Texas  
              78753. 
          
         The following person registered as a resource witness on HB  
         3693, but did not testify: 
          
              Glen Provost, vice president, Health Policy, Texas Tech  
              University Health Sciences Center, 3601 4th Street,  
              Lubbock, Texas 79406.     
          
         The following persons registered in support of HB 3693, but  
         did not testify: 
          
              Teresa Aguirre, legislative assistant, Texas Association  
              of Homes and Services for the Aging, 2205 Hancock Drive,  
              Austin, Texas 78756.   
  
              Beth Ferris, president, Texas Advocates for Nursing Home  
         Residents, 500 East Anderson Lane, 
              Austin, Texas 78752. 
          
         The following person registered in support and provided  
         written testimony on HB 3693, but did not testify:   
          
              Randy Johnson, vice president, Sears Methodist Retirement  
         System, 3233 South Willis, 
              Abilene, Texas 79606.     
          
         The chair left public testimony open on HB 3693. 
          
         The chair left HB 3693 pending, at the request of the Senate  
         sponsor.  
          
         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 7:46 a.m., subject to the  
         call of the chair. 
          
         _____________________________________ 
         Judith Zaffirini, Chair 
          
         _____________________________________ 
         Scott Caffey, Committee Clerk