MINUTES 
                                           
                         SENATE COMMITTEE ON HUMAN SERVICES 
                             Wednesday, April 19, 2000 
                                       9 a.m. 
                                   Senate Chamber 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Human  
         Services was held on Wednesday, April 19, 2000, 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 9 a.m.  There being a  
         quorum present, the following business was transacted. 
          
         The chair laid out the October 28, 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 made opening remarks and announced that the purpose of  
         the meeting was to receive progress reports and to review  
         preliminary recommendations regarding the interim charges issued  
         to the committee by Lt. Governor Rick Perry. 
          
         The chair called invited panelists to present progress reports  
         and preliminary recommendations regarding the continuum of care  
         and support options available to Texans in need of long-term  
         care and the implementation of SB 374 by Senator Judith  
         Zaffirini and Representative Patricia Gray, relating to the  
         provision of certain long-term care services, to the  
         continuation and functions of the Texas Department of Aging, and  
         to the eventual consolidation of the Texas Department of Human  
         Services and the Texas Department on Aging into a new agency on  
         aging and disability services. 
          
         The following persons provided oral testimony: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
      
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
              Eric Bost, commissioner, Texas Department of Human  
              Services, 701 West 51st Street, Austin, Texas 78714-9030. 
          
              Karen Hale, commissioner, Texas Department of Mental Health  
              and Mental Retardation, 909 West 45th Street, Austin, Texas  
              78711-2668.  
          
              William "Reyn" Archer, commissioner, Texas Department of  
              Health, 1100 West 49th Street, Austin, Texas 78756. 
          
              Jim Hine, executive director, Texas Department of  
         Protective and Regulatory Services, 
              701 West 51st Street, Austin, Texas 78714-9030. 
          
              Mary Sapp, executive director, Texas Department on Aging,  
              4900 North Lamar, Austin, Texas 78711-2786. 
          
              Jim Lehrman, associate commissioner, Long-Term Care  
              Regulatory, Texas Department of Human Services, 701 West  
              51st Street, Austin, Texas 78714-9030. 
          
         The following person provided oral and written testimony: 
          
              Jose Montemayor, commissioner, Texas Department of  
              Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. 
          
         The following persons registered as resource witnesses, but did  
         not testify: 
          
              Susan Penfield, division director, Children with Special  
              Needs, Texas Department of Health, 1100 West 49th Street,  
              Austin, Texas 78756. 
          
              John F. Willis, state ombudsman, Texas Department on Aging,  
              P.O. Box 12786, Austin, Texas 78711. 
          
         The chair called invited panelists to present progress reports  
         and preliminary recommendations regarding the services provided  
         to hardest-to-serve adult welfare recipients and services  
         provided to children receiving welfare. 
          
         The following persons provided oral testimony: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
              Eric Bost, commissioner, Texas Department of Human  
              Services, 701 West 51st Street, Austin, Texas 78714-9030.  
          
              Diane Rath, commissioner, Texas Workforce Commission, 101  
              East 15th Street, Austin, Texas 78778-0001. 
  
         The following person provided oral and written testimony: 
          
              Patrick Bresette, associate director, Center for Public  
              Policy Priorities, 900 Lydia Street, Austin, Texas 78702.  
          
         The following persons registered as resource witnesses, but did  
         not testify: 
          
              Judy Denton, director of Texas Works, Texas Department of  
              Human Services, 701 West 51st Street, Austin, Texas 78733.  
          
              Larry Temple, director, welfare reform, Texas Workforce  
              Commission, 101 East 15th Street, Austin, Texas 78778-0001. 
          
         The chair called invited panelists to present progress reports  
         and preliminary recommendations regarding federal developments  
         related to long-term care and welfare issues. 
          
         The following persons provided oral testimony: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
              Eric Bost, commissioner, Texas Department of Human  
              Services, 701 West 51st Street, Austin, Texas 78714-9030. 
          
              Diane Rath, commissioner, Texas Workforce Commission, 101  
              East 15th Street, Austin, Texas 78778-0001. 
          
         The following persons provided oral and written testimony: 
          
              Laurie Rich, executive director, Office of State and  
              Federal Relations, 122 "C" Street, N.W., Washington, D.C.  
              20001. 
          
              Kathy Eckstein, team manager, Federal Funds, Legislative  
              Budget Board, P.O. Box 12666, Austin, Texas 78733. 
          
              Patrick Bresette, associate director, Center for Public  
              Policy Priorities, 900 Lydia Street, Austin, Texas 78702. 
          
         The following person registered as a resource witness, but did  
         not testify: 
          
              Patty Anderson, Promoting Independence Board, 900 Congress,  
              Suite 220, Austin, Texas 78701. 
          
         The chair called invited panelists to present progress reports  
         regarding the implementation of SB 30 by Senator Florence  
         Shapiro and Representative Dianne Delisi, relating to parental  
         notification before an abortion may be performed on certain  
         minors. 
  
         The following person provided oral testimony: 
          
              William "Reyn" Archer, commissioner, Texas Department of  
              Health, 1100 West 49th Street, Austin, Texas 78756. 
          
         The following person provided oral and written testimony: 
          
              Robert Pemberton, rules attorney, Supreme Court of Texas,  
              201 West 14th Street, Room 104, Austin, Texas 78711. 
          
         The chair called invited panelists to present progress reports  
         and preliminary recommendations regarding the implementation of  
         HB 2641 by Representative Patricia Gray and Senator J.E. "Buster"  
         Brown, relating to the continuation and functions of the Health  
         and Human Services Commission. 
          
         The following person provided oral testimony: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
              Commission, 4900 North Lamar, 4th Floor, Austin, Texas  
              78711-3247. 
          
         The chair called invited panelists to present progress reports  
         and preliminary recommendations regarding the effects of  
         additional resources provided to the Texas Department of  
         Protective and Regulatory Services. 
          
         The following person provided oral testimony: 
          
              Jim Hine, executive director, Texas Department of  
              Protective and Regulatory Services, 701 West 51st Street,  
              Austin, Texas 78714-9030. 
          
         The chair called the following persons who registered as public  
         witnesses to provide testimony regarding long-term care  
         services. 
          
         The following persons provided oral testimony: 
          
              Jody Becker, owner, Adult Day Care Association of Texas,  
              26319 Jason Avenue, San Antonio, Texas 78255. 
          
              Rendy Box, 2509 PepperTree Circle, McKinney, Texas 75070. 
          
              Paula Brashear, 3108 Pecan Circle, McKinney, Texas 75070. 
          
              Barbara Briscoe, member, Texas Managed Care Coalition of  
              Adult Day Service, 914 Frost Avenue, Rosenberg, Texas  
              77471. 
          
              Jennifer M. Cernoch, director, Texas Respite Resource  
         Network, 519 West Houston, 
              San Antonio, Texas 78207. 
          
              Jim Cowgill, speaker pro tempore, Texas Silver-Haired  
              Legislature, 11357 Earlywood Drive, Dallas, Texas 75218. 
          
              Victoria Davis, president, Adult Day Care Association of  
              Texas, 905 West 34th Street, Houston, Texas 77018. 
          
              Anne Denton, director, The Enterprise Foundation, 2800  
              South IH-35, Austin, Texas 78704. 
          
              Barbara Earp, 5503 Eastside, Dallas, Texas 75214. 
          
              Darlene Evans, administrator, Texas Health Care  
              Association, 3301 FM 3009, Schertz, Texas 78154. 
          
              Lauren Fecher, Citizens Commission on Human Rights, 2017  
              Bluebonnet Lane, #101, Austin, Texas 78704.   
          
              Frank Genco, public policy director, Texas Council for  
              Developmental Disabilities, 4900 North Lamar,  Austin,  
              Texas 78751. 
          
              Lucinda Harman, consulant, Development Disability Project  
              of Central Texas, P.O. Box 729, Belton, Texas 76513-0729.  
          
              Gail A. Harmon, executive director, Alzheimer's  
              Association, 3710 Cedar Street, Box 8, Austin, Texas 78705. 
          
              John R. Hawkins, Sr., 235 Poverty Lane, Snook, Texas 77878. 
          
              Aaryce Hayes, program specialist, Advocacy, Incorporated,  
              7800 Shoal Creek, #171E, Austin, Texas 78757. 
          
              Brad Holbert, executive director, Texas Association of Area  
         Agencies on Aging, 
              P.O. Box 3195, Abilene, Texas 79604. 
          
              Bert Holmes, chairman, Advocacy and Education for the  
              Elderly, 4515 West Lawther Drive, Dallas, Texas 75214. 
          
              Libby Edwards James, president, Texas Advocates for Nursing  
              Home Residents, P.O. Box 480, Corpus Christi, Texas 78403. 
          
              Paul R. Jarry, 5825 Spencer Highway, Pasadena, Texas 77505. 
          
              Paula Johnson, director, Coordinated Senior Advocacy, P.O.  
              Box 92612, Austin, Texas 78709. 
          
              Kim Kirchoff, director of health and human services, Texas  
              Association of Area Agencies on Aging, 1305 San Antonio  
              Street, Austin, Texas 78701. 
          
              David Latimer, president, Texas Association of Homes and  
              Services for the Aging, 2205 Hancock Drive, Austin, Texas  
              78756. 
  
              Alvin Loewenberg, chairman, Texas Association on Homes and  
              Services for the Aging, 700 Babcock Road, San Antonio,  
              Texas 78201. 
          
              Jennifer McPhail, ADAPT of Texas, 1339 Lamar, #101, Austin,  
         Texas 78704. 
          
              Albert Metz, ADAPT of Texas, 2501 Anken Drive, #1804,  
         Austin, Texas 78741. 
          
              Susan Murphee, program specialist, Advocacy, Incorporated,  
              7800 Shoal Creek Blvd., Austin, Texas 78758. 
          
              Jerry Smith, P.O. Box 5030, Alvin, Texas 77512-5030. 
          
              Wayne A. Spahn, ADAPT of Texas, 2501 Anken Drive, #1802,  
         Austin, Texas 78741.        
          
              Chris Spence, president, Wesleyan Homes, 1105 Church  
              Street, Georgetown, Texas 78626. 
          
              Lue Taff, social worker, Alzheimer's Association, 200 South  
              Fulton, Dallas, Texas 75214. 
          
              Steve Womack, deputy CEO, Adult Day Care Association of  
              Texas, 3201 South Expressway 83, Harlingen, Texas 78550. 
          
              Betty Wright, Center, Texas 75935. 
          
         The following persons provided oral and written testimony  
         regarding long-term care services: 
          
              Patty Anderson, executive director, United Cerebral Palsy  
              of Texas, 900 Congress, Suite 220, Austin, Texas 78701. 
          
              Bruce P. Bower, chair, Texas Senior Advocacy Coalition, 815  
              Brazos, Suite 1100, Austin Texas 78701. 
          
              David Bragg, 823 Congress, Suite 1005, Austin, Texas 78704. 
               
              Beth Ferris, legislative representative, Texas Advocates  
              for Nursing Home Residents, 500 East Anderson Lane, Austin,  
              Texas 78752. 
          
              Charlotte Flynn, Texas coordinator, Gray Panthers, 7710  
              West Rim Drive, Austin, Texas 78731. 
          
              Karen Friend, president, Texas Managed Care Coalition of  
         Adult Day Service Providers, 
              914 Frost Avenue, Rosenberg, Texas 77471. 
          
              Gavin Gadberry, counsel, Texas Health Care Association,  
              P.O. Box 9158, Amarillo, Texas 79105. 
  
              Alan Hardy, chairman, Long-Term Care and Health Committee,  
              AARP, 701 Cottonwood Crede Drive, Dripping Springs, Texas  
              78620. 
          
              Colleen Horton, Texas Advocates Supporting Kids with  
              Disabilities, P.O. Box 162685, Austin, Texas 78746. 
          
              Bob Kafka, chair, Equity and Independence for Long-Term  
              Care, 1339 Lamar Drive, #101, Austin, Texas 78704. 
          
              Sandy Klein, senior vice president of operations, Texas  
              Health Care Association, 4315 Guadalupe, #300, Austin,  
              Texas 78751. 
          
              Chris Kyker, P.O. Box 5996, Abilene, Texas 79608. 
          
              Bettina Lang, director of programs, Senior Citizens of  
              Greater Dallas, 2905 Swiss Avenue, Dallas, Texas 75204. 
          
              Peter Nicolaou, executive, Lutheran Social Services of the  
              South, Inc., 10110 Moutwood, Suite H, El Paso, Texas 79925. 
          
              Keith Perry, president/CEO, Sears Methodist Retirement  
              System, 3233 South Willis, Abilene, Texas 79606. 
          
              Ray Thomas, president, Bunker Hill/Gulf Insurance Group,  
              214 Caruthers Lane, Houston, Texas 77024. 
          
              Jan Weaver, director of services and education, Alzheimer's  
              Association, 2910 Swiss Avenue, Dallas, Texas 75204. 
          
              Heather Vasek, director of public policy and regulatory  
              affairs, Texas Association for Home Care, 3737 Executive  
              Center Drive, #268, Austin, Texas 78731. 
          
              Marie B. Wisdom, president, Advocates for Nursing Home  
              Reform, 16908 South Ridge Lane, Austin, Texas 78734-1235. 
          
              Darrell Zurovec, associate general counsel, Texas Health  
              Care Association, 4315 Guadalupe, Suite 300, Austin, Texas  
              78751.  
          
         The following persons registered as public witnesses on  
         long-term care services, but did not testify: 
          
              Belinda Carlton, executive director, Coalition of Texans  
              with Disabilities, 316 West 12th Street, #405, Austin,  
              Texas 78701. 
          
              Barrett Markland, program specialist, Advocacy,  
              Incorporated, 7800 Shoal Creek, #171E, Austin, Texas 78757.                 
          
         The following persons submitted written testimony regarding  
  
         long-term care services: 
          
              Ruben Salazar, CEO, Sunglo Fellowship Centers, Inc., 3201  
              South Expressway 83, Harlingen, Texas 78550. 
          
              Carole Lynn Smith, executive director, Private Providers  
              Association of Texas, 8711 Burnet Road, A-19, Austin, Texas  
              78757. 
          
              Stephanie Thomas, organizer, ADAPT of Texas 1339 Lamar,  
         #101, Austin, Texas 78704.   
         The chair called the following persons who registered as public  
         witnesses to provide oral testimony regarding welfare: 
          
              Paige Flink, executive director, The Family Place, P.O. Box  
         7999, Dallas, Texas 75209. 
          
              Mary Lee Hafley, executive director, The Women's Shelter,  
              P.O. Box 1207, Arlington, Texas 76004. 
          
         The following persons provided oral and written testimony: 
          
              Pat Cole, National Training Center on Domestic and Sexual  
              Violence, Austin, Texas 78757.         
          
              Jennifer Corrigan, public policy specialist, Texas Council  
              on Family Violence, P.O. Box 161810, Austin, Texas 78716. 
          
         The chair called the following person who registered as a public  
         witness to provide oral testimony regarding SB 30: 
          
              Gerry Anne Markham, 6499 Hart Lane, Austin, Texas 78731. 
          
         The chair called the following person who registered as a public  
         witness to provide oral testimony regarding the additional  
         resources provided to the Texas Department of Protective and  
         Regulatory Services. 
          
         The following person provided oral testimony: 
          
              Bill Barrows, president, The Shaken Baby Alliance, 10409  
              Town and Country Way, #100, Houston, Texas 77024. 
          
         The following person submitted written testimony regarding the  
         additional resources provided to the Texas Department of  
         Protective and Regulatory Services: 
          
              Curtis Mooney, president, Texas Association of Leaders in  
         Children and Family Services, 
              409 West 13th Street, Austin, Texas 78701. 
          
         There being no other witnesses registered or responding to the  
         chair's call for public testimony related to the interim  
         charges, the chair closed public testimony. 
          
         With no other business to come before the committee, the chair  
         recessed the committee at 3:35 p.m., subject to the call of the  
         chair. 
          
         ____________________________________ 
         Judith Zaffirini, Chair 
          
         ____________________________________ 
         Scott Caffey, Committee Clerk