MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                             Tuesday, February 25, 2003 
                           11:00 a.m. or upon adjournment 
                                   Senate Chamber 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Health &  
         Human Services was held on Tuesday, February 25, 2003, in the  
         Senate Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     None 
         Senator Kyle Janek 
         Senator John Carona 
         Senator Bob Deuell 
         Senator Mario Gallegos, Jr. 
         Senator Jon Lindsay 
         Senator Bill Ratliff 
         Senator Royce West 
         Senator Judith Zaffirini 
                                           
                                       ***** 
                                           
         The Chair called the meeting to order at 12:10 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Zaffirini moved that the minutes from the previous  
         hearing held on February 6, 2003 be approved; without objection,  
         the minutes were approved by unanimous consent. 
          
         At 12:12 p.m., Senator Janek assumed the chair.   
          
         The Chair laid out Senate Bill 161 and recognized its author,  
         Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill and announced that she had a  
         committee substitute that she would like to have sent up. 
          
         Senator Zaffirini sent up a committee substitute and yielded to  
         the author, Senator Nelson, to explain the committee substitute. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.      
          
         The Chair closed public testimony. 
  
         Senator Nelson moved adoption of the committee substitute for  
         Senate Bill 161; without objection, the motion carried. 
          
         The Chair recognized Senator Nelson for a motion. 
          
         Senator Nelson moved that Senate Bill 161 do not pass but that  
         the committee substitute for Senate Bill 161 be reported back to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 9 ayes, 0  
         nays, and 0 absent. Senators Lindsay, Ratliff, and West asked to  
         be shown voting aye; without objection, the motion carried. 
          
         Senator Nelson requested that the bill be recommended for the  
         Local & Uncontested Calendar; without objection, the motion  
         carried. 
          
         The Chair laid out Senate Bill 162 and recognized the author,  
         Senator Nelson, to explain the bill.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         The Chair closed public testimony.   
          
         The Chair recognized Senator Nelson for a motion. 
          
         Senator Nelson moved that Senate Bill 162 be reported favorably  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 8 ayes, 1  
         nay, and 0 absent.   
          
         The Chair laid out Senate Bill 464 and recognized the author,  
         Senator Nelson, to explain the bill.   
          
         Senator Nelson explained the bill. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         The Chair closed public testimony. 
          
         The Chair recognized Senator Nelson. 
         Senator Nelson requested that Senate Bill 464 be left pending. 
          
         The Chair announced that,  at the bill author's request,  Senate  
         Bill 464 would be left pending. 
          
         At 12:40 p.m., Senator Nelson resumed the chair.   
          
         The Chair laid out Senate Bill 153 and recognized the author,  
         Senator Zaffirini, to explain the bill.   
  
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                 Tuesday, February 25, 2003 
                                                                      page   3 
                                                                            
         Senator Zaffirini explained the bill. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         At 12:52 p.m., Senator Janek assumed the chair.  
          
         The Chair closed public testimony. 
          
         The Chair recognized Senator Zaffirini for a motion. 
          
         Senator Zaffirini requested that Senate Bill 153 be left  
         pending.   
          
         The Chair announced that, at the bill author's request, Senate  
         Bill 153 would be left pending. 
          
         The Chair laid out Senate Bill 333 and recognized the author,  
         Senator Zaffirini, to explain the bill.   
          
         Senator Zaffirini explained the bill and announced that she had  
         a committee substitute that she would like to have sent up and  
         adopted.   
          
         The Chair recognized Senator Ratliff to lay out the committee  
         substitute for Senate Bill 333. 
          
         Senator Ratliff sent up the committee substitute for Senate Bill  
         333; the Chair recognized Senator Zaffirini to explain the  
         committee substitute. 
          
         Senator Zaffirini explained the substitute. 
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         At 1:18 p.m., Senator Nelson assumed the chair.   
          
         The Chair closed public testimony. 
          
         Senator Nelson laid out committee amendment 1 for Senate Bill  
         333 and recognized Senator West to explain the amendment. 
          
         Senator West explained the amendment. 
          
         The Chair recognized Senator Zaffirini to comment on the  
         amendment. 
          
         The Chair asked if there were objections to the adoption of the  
         amendment; there being none, the amendment was adopted. 
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                 Tuesday, February 25, 2003 
                                                                      page   4 
                                                                            
         The Chair recognized Senator Zaffirini for a motion. 
          
         Senator Zaffirini moved that the amendment be rolled into a new  
         committee substitute and that the new committee substitute be  
         adopted.  There being no objection, the new committee substitute  
         was adopted. 
          
         Senator Zaffirini moved that Senate Bill 333 do not pass but  
         that the committee substitute for Senate Bill 333 be reported  
         back to the Senate with the recommendation that it do pass and  
         be printed.  The motion carried with a record vote of 8 ayes, 0  
         nays, and 1 absent.  
          
         The Chair recognized Senator Zaffirini. 
          
         Senator Zaffirini moved that Senate Bill 153 be reported  
         favorably to the Senate with the recommendation that it do pass  
         and be printed.  The motion carried with a record vote of 8  
         ayes, 0 nays, and 1 absent.    
          
         The Chair laid out Senate Bill 211 and recognized the author,  
         Senator Carona, to explain the bill.   
         Senator Carona explained the bill and announced that he had a  
         committee substitute. 
          
         Senator Gallegos laid out the committee substitute for Senate  
         Bill 211. 
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                 Tuesday, February 25, 2003 
                                                                      page   5 
                                                                            
         The Chair recognized Senator Carona to explain the committee  
         substitute.   
          
         The Chair opened the floor for public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that Senate Bill 211 would be left pending. 
          
         The Chair recalled Senate Bill 464 which had previously been  
         left pending. 
          
         Senator Carona sent up committee amendment 1 to Senate Bill 464  
         and moved adoption; without objection, the amendment was  
         adopted.   
          
         At 2:21p.m., the Chair announced that the Committee would stand  
         at ease. 
          
         At 2:23p.m., the Committee resumed business. 
          
         Senator Carona moved adoption of the committee substitute for  
         Senate Bill 211; without objection, the motion carried. 
          
         Senator Carona moved that Senate Bill 211 do not pass but that  
         the committee substitute for Senate Bill 211 be reported back to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 8 ayes, 0  
         nays, and 1 absent.   
          
         The Chair recognized Senator Carona for a motion. 
          
         Senator Carona moved that the bill be recommended for the Local  
         & Uncontested Calendar; without objection, it was so ordered.   
          
         At 2:20p.m., Senator Ratliff assumed the chair.  
          
         The Chair recognized Senator Nelson for a motion regarding  
         Senate Bill 464. 
          
         Senator Nelson moved that the amendment be rolled into a  
         committee substitute for Senate Bill 464 and that the substitute  
         be adopted; without objection, the motion carried. 
          
         Senator Nelson moved that Senate Bill 464 do not pass but that  
         the committee substitute for Senate Bill 464 be reported back to  
         the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 8 ayes, 0  
         nays, and 1 absent.  Senators Gallegos, West, and Zaffirini  
         asked to be shown voting aye; without objection, the motion  
         carried. 
          
                                SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                                                                    Minutes 
                                                 Tuesday, February 25, 2003 
                                                                      page   6 
                                                                            
         Senator Nelson moved that the bill be recommended for the Local  
         & Uncontested Calendar; without objection, it was so ordered.   
                                                                      
         At 2:24 p.m., Senator Nelson resumed the chair.   
          
         There being no further business, at 2:25 p.m. Senator Nelson  
         moved that the Committee stand recessed subject to the call of  
         the Chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator Jane Nelson, Chair 
          
         ______________________ 
         Cheri Huddleston, Clerk