MINUTES 
                                           
                   SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES 
                             Thursday, February 1, 2001 
                                       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 Health and  
         Human Services was held on Thursday, February 1, 2001, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Mike Moncrief, Chairman         None 
         Senator John Carona, Vice Chairman 
         Senator David Bernsen 
         Senator Mario Gallegos, Jr. 
         Senator Chris Harris 
         Senator Frank Madla 
         Senator Jane Nelson 
         Senator Eliot Shapleigh 
         Senator David Sibley 
                                           
                                       ***** 
                                           
         The chairman called the meeting to order at 9 a.m.  There being  
         a quorum present, the following business was transacted. 
          
         The chairman laid out the January 25, 2001, minutes and called  
         for revisions. There being none, Senator Nelson moved their  
         adoption.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         The chairman called the following individuals to provide a  
         review and briefing of the Texas Health STEPS Program. 
          
         The following persons provided oral testimony: 
          
              Don Gilbert, commissioner, Texas Health and Human Services  
         Commission. 
          
              Billy Millwee, director, Texas Health STEPS Program, Texas  
         Department of Health. 
          
         The following person registered as a resource witness, but did  
         not testify: 
          
              Charles Bell, executive deputy commissioner, Texas  
         Department of Health. 
         The chairman laid out SB 36 by Senator Zaffirini, relating to  
  
         training for certain caseworkers employed by health and human  
         services agencies, and recognized the author to explain the  
         bill. 
          
         Senator Nelson sent up a committee substitute for SB 36 and  
         Senator Zaffirini explained the differences between it and the  
         bill as filed. 
          
         Senator Nelson moved that the committee substitute for SB 36 be  
         adopted.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 36 are shown on the attached list.  There being no other  
         witnesses registered or responding to the chairman's call for  
         public testimony relating to the committee substitute for SB 36,  
         the chairman closed public testimony. 
          
         Senator Shapleigh asked unanimous consent to be shown voting  
         "aye" on the committee substitute for SB 36.  There being no  
         objection, the motion prevailed by unanimous consent.  
          
         Senator Nelson moved that SB 36 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 9 ayes and 0 nays. 
          
         Senator Harris moved that the committee substitute for SB 36 be  
         recommended for the local and uncontested calendar.  There being  
         no objection, the motion prevailed by unanimous consent. 
          
         The chairman laid out SB 37 by Senator Zaffirini, relating to  
         establishing a temporary nursing facility license, and  
         recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 37 are shown on the  
         attached list.  There being no other witnesses registered or  
         responding to the chairman's call for public testimony relating  
         to SB 37, the chairman closed public testimony. 
          
         Senator Shapleigh asked unanimous consent to be shown voting  
         "aye" on SB 37.  There being no objection, the motion prevailed  
         by unanimous consent.   
          
         Senator Nelson moved that SB 37 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 9 ayes and 0 nays. 
          
         The chairman laid out SB 38 by Senator Zaffirini, relating to  
         authorizing the conduct of architectural review before the  
         construction or remodeling of certain long-term and other care  
         facilities, and recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 38 are shown on the  
  
         attached list.  There being no other witnesses registered or  
         responding to the chairman's call for public testimony relating  
         to SB 38, the chairman closed public testimony. 
          
         Senator Moncrief asked unanimous consent to show Senator Harris  
         voting "nay" on SB 38.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Nelson moved that SB 38 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 8 ayes and 1 nay. 
          
         At 9:53 a.m. Senator Carona assumed presiding duties. 
          
         The chairman laid out SB 62 by Senator Moncrief, relating to  
         county and public health district fees in certain populous  
         counties, and recognized the author to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 62 and  
         explained the difference between it and the bill as filed. 
          
         Senator Moncrief moved that the committee substitute for SB 62  
         be adopted.  There being no objection, the motion prevailed by  
         unanimous consent.  
          
         Witnesses  testifying and registering on the committee  
         substitute for SB 62 are shown on the attached list.  There  
         being no other witnesses registered or responding to the  
         chairman's call for public testimony, the chairman closed public  
         testimony. 
          
         At the author's request, the committee substitute for SB 62 was  
         left pending. 
          
         The chairman laid out SB 332 by Senator Moncrief, relating to  
         the provision of a pharmaceutical sample by a physician to  
         certain indigent patients, and recognized the author to explain  
         the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 332 and  
         explained the differences between it and the bill as filed. 
         Senator Moncrief moved that the committee substitute for SB 332  
         be adopted.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 332 are shown on the attached list.  There being no other  
         witnesses registered or responding to the chairman's call for  
         public testimony relating to the committee substitute for SB  
         332, the chairman closed public testimony. 
          
         Senator Moncrief asked unanimous consent to show Senator Harris  
         voting "aye" on the committee substitute for SB 332.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 332 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 7 ayes, 0 nays and 2  
         absent. 
          
         Senator Shapleigh moved that the committee substitute for SB 332  
         be recommended for the local and uncontested calendar.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         At 10:27 a.m. Senator Moncrief resumed presiding duties. 
          
         The chairman laid out SB 83 by Senator Madla, relating to the  
         regulation of intermediate care facilities for persons with  
         mental retardation, and recognized the author to explain the  
         bill. 
          
         Senator Madla sent up committee amendment 1 and explained it.   
         Senator Madla moved the adoption of committee amendment 1.   
         There being no objection, the motion prevailed by  unanimous  
         consent. 
          
         Witnesses testifying and registering on SB 83, as amended, are  
         shown on the attached list.  There being no other witnesses  
         registered or responding to the chairman's call for public  
         testimony on SB 83, as amended, the chairman closed public  
         testimony. 
          
         Senator Moncrief asked unanimous consent to show Senator Harris  
         voting "aye" on SB 83, as amended.  There being no objection,  
         the motion prevailed by unanimous consent. 
          
         Senator Madla moved that SB 83, as amended, be reported to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion prevailed by a vote of 7 ayes, 0 nays and 2  
         absent. 
          
         Senator Shapleigh moved that SB 83, as amended, be recommended  
         for the local and uncontested calendar.  There being no  
         objection, the motion prevailed by unanimous consent. 
          
         The chairman laid out SB 144 by Senator Carona, relating to the  
         qualifications for a license or provisional license to practice  
         chiropractic, and recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 144 are shown on the  
         attached list. 
          
         The chairman laid out SB 145 by Senator Carona, relating to  
         chiropractic facility licenses issued by the Texas Board of  
         Chiropractic Examiners, and recognized the author to explain the  
         bill. 
          
         Witnesses testifying and registering on SB 145 are shown on the  
         attached list. 
  
         The chairman laid out SB 152 by Senator Carona, relating the  
         appeal of certain determinations by the Texas Board of  
         Chiropractic Examiners, and recognized the author to explain the  
         bill. 
          
         Witnesses testifying and registering on SB 152 are shown on the  
         attached list. 
          
         The chairman laid out SB 171 by Senator Carona, relating to the  
         renewal of a license to practice chiropractic, and recognized  
         the author to explain the bill. 
          
         Witnesses testifying and registering on SB 171 are shown on the  
         attached list. 
          
         There being no other witnesses registered or responding to the  
         chairman's call for public testimony relating to Senate Bills  
         144, 145, 152 and 171, the chairman closed public testimony. 
          
         Senator Moncrief asked unanimous consent to show Senator Harris  
         voting "aye" on SB 144.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that SB 144 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 7 ayes, 0 nays and 2 absent. 
         Senator Carona moved that SB 144 be recommended for the local  
         and uncontested calendar.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Moncrief asked unanimous consent to show Senator Harris  
         voting "aye" on SB 145.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that SB 145 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 7 ayes, 0 nays and 2 absent.     
                      
         Senator Carona moved that SB 145 be recommended for the local  
         and uncontested calendar.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Moncrief asked unanimous consent to show Senator Harris  
         voting "aye" on SB 152.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Carona moved that SB 152 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 6 ayes, 1 nay and 2 absent. 
          
         Senator Moncrief asked unanimous consent to show Senator Harris  
         voting "aye" on SB 171.  There being no objection, the motion  
         prevailed by unanimous consent.     
  
         Senator Carona moved that SB 171 be reported to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         prevailed by a vote of 7 ayes, 0 nays and 2 absent. 
          
         With no other business to come before the committee and upon a  
         motion by Senator Nelson, the chairman recessed the committee by  
         unanimous consent at 10:42 a.m., subject to the call of the  
         chairman. 
          
         ___________________________________________ 
         Senator Mike Moncrief, chairman 
          
         ___________________________________________ 
         Scott Caffey, committee clerk