MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                              Thursday, April 24, 2003 
                                     9:00 a.m. 
                           Capitol Extension, Room E1.016 
                                           
                                       ***** 
                                           
         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 Thursday, April 24, 2003, in the  
         Capitol Extension, Room E1.016, 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 9:00 a.m.  The  
         following business was transacted:  
          
         The Chair laid out House Bill 1322 and recognized its Senate  
         sponsor, Senator Shapleigh, to explain the bill. 
          
         Senator Shapleigh explained the bill. 
          
         A quorum was established at 9:05 a.m. 
          
         Senator Janek moved that the minutes from the previous hearing  
         be approved; without objection, the minutes were approved by  
         unanimous consent.   
          
         The Chair opened the floor for public testimony on House Bill  
         1322.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair close public testimony. 
         Senator Deuell moved that House Bill 1322 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, 0 present not voting, and 1 absent.  Senators Gallegos,  
         West and Zaffirini asked to be shown voting aye; without  
  
         objection, it was so ordered.   
          
         Senator Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair laid out Senate Bill 1392 and recognized its author,  
         Senator Janek, to explain the bill. 
          
         Senator Janek sent up a committee substitute; the Chair  
         recognized Senator Janek to explain the difference between the  
         committee substitute and the bill as filed.  Senator Janek moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.   
          
         Senator Janek sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Janek  
         requested unanimous consent to roll the amendment into a  
         committee substitute; without objection, it was so ordered.   
         Senator Janek then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         1392.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         Senator Janek moved that Senate Bill 1392 do not pass but that  
         CSSB 1392 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 7 ayes, 0 nays, 0 present not voting, and 2  
         absent.  Senators Gallegos and West asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         Senator Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair laid out Senate Bill 1498 and recognized its author,  
         Senator Madla, to explain the bill. 
         Senator Janek sent up a committee substitute; the Chair  
         recognized Senator Madla to explain the difference between the  
         committee substitute and the bill as filed.  Senator Janek moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         1498.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         Senator Janek moved that Senate Bill 1498 do not pass but that  
         CSSB 1498 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, 0 present not voting, and 1  
  
         absent.  Senators Gallegos, West and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         Senator Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair laid out Senate Bill 1615 by Senator Ellis and  
         recognized Senator Deuell to explain the bill. 
          
         Senator Deuell sent up a committee substitute and explained the  
         difference between the bill as filed and the substitute. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         1615.  Witnesses testifying and registering on the bill are  
         shown on the attached list.   
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 739 by Senator Ellis and  
         recognized Senator Deuell to explain the bill. 
          
         Senator Deuell explained the bill. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         739.  Witnesses testifying and registering on the bill are shown  
         on the attached list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 788 and recognized its author,  
         Senator Carona, to explain the bill. 
          
         Senator Carona explained the bill. 
          
         Senator Carona sent up a committee substitute; the Chair  
         recognized Senator Carona to explain the difference between the  
         committee substitute and the bill as filed.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         788.  Witnesses testifying and registering on the bill are shown  
         on the attached list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that this bill would be left pending. 
          
         The Chair laid out Senate Bill 593 and recognized its author,  
         Senator Van de Putte, to explain the bill. 
          
         Senator Van de Putte explained the bill. 
  
         The Chair opened the floor for public testimony on Senate Bill  
         593.  Witnesses testifying and registering on the bill are shown  
         on the attached list. 
          
         Senator Janek moved that Senate Bill 593 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, 0 present not voting, and 1 absent.  Senators Gallegos,  
         West and Zaffirini asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         Senator Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair laid out Senate Bill 865 and recognized its author,  
         Senator Van de Putte, to explain the bill.    
          
         Senator Van de Putte explained the bill. 
          
         At 10:10 a.m. Senator Janek assumed the chair.     
          
         The Chair sent up a committee substitute; the Chair recognized  
         Senator Van de Putte to explain the difference between the  
         committee substitute and the bill as filed.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         865.  Witnesses testifying and registering on the bill are shown  
         on the attached list. 
          
         The Chair closed public testimony.       
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 1315 and recognized its author,  
         Senator Van de Putte, to explain the bill. 
          
         The Chair sent up a committee substitute; the Chair recognized  
         Senator Van de Putte to explain the difference between the  
         committee substitute and the bill as filed.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         1315.  Witnesses testifying and registering on the bill are  
         shown on the attached list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that this bill would be left pending. 
          
         The Chair laid out Senate Bill 1826 and recognized its author,  
         Senator Van de Putte, to explain the bill. 
          
         Senator Van de Putte explained the bill. 
                                                                            
         Senator Zaffirini sent up a committee substitute; the Chair  
         recognized Senator Van de Putte to explain the difference  
         between the committee substitute and the bill as filed.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         1826.  Witnesses testifying and registering on the bill are  
         shown on the attached list.         
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 923 and recognized its author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini explained the bill. 
          
         The Chair opened the floor for public testimony on Senate Bill  
         923.  Witnesses testifying and registering on the bill are shown  
         on the attached list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 239 and recognized its author,  
         Senator Fraser, to explain the bill. 
          
         Senator Fraser explained the bill. 
          
         Senator Lindsay sent up a committee substitute; the Chair  
         recognized Senator Fraser to explain the difference between the  
         committee substitute and the bill as filed.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         239.  Witnesses testifying and registering on the bill are shown  
         on the attached list. 
          
         The Chair closed public testimony. 
          
         The Chair announced the bill would be left pending. 
          
         At 10:55 a.m., the Chair announced that the Committee would  
         stand at recess subject to the call of the Chair. 
          
         The Committee reconvened at 3:23 p.m. and Senator Nelson resumed  
         the chair. 
          
         At 3:25 p.m., Senator Lindsay assumed the chair. 
          
         The Chair laid out Senate Bill 1226 and recognized its author,  
         Senator Nelson, to explain the bill. 
          
         Senator Nelson sent up a committee substitute; the Chair  
         recognized Senator Nelson to explain the difference between the 
         committee substitute and the bill as filed.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         1226.  Witnesses testifying and registering on the bill are  
         shown on the attached list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out House Bill 1095 and recognized its Senate  
         sponsor, Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill. 
          
         The Chair opened the floor for public testimony on House Bill  
         1095.  Witnesses testifying and registering on the bill are  
         shown on the attached list. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 1320 and recognized its author,  
         Senator Nelson, to explain the bill. 
          
         Senator Nelson explained the bill. 
          
         Senator Nelson sent up a committee substitute; the Chair  
         recognized Senator Nelson to explain the difference between the  
         committee substitute and the bill as filed.  Senator Nelson  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.   
          
         The Chair opened the floor for public testimony on Senate Bill  
         1320.  Witnesses testifying and registering on the bill are  
         shown on the attached list. 
          
         The Chair closed public testimony. 
         Senator Nelson moved that Senate Bill 1320 do not pass but that  
         CSSB 1320 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, 0 present not voting, and 1  
         absent.  Senators Gallegos and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 4:15 p.m. Senator Nelson resumed the chair.   
          
         The Chair recalled Senate Bill 865 which had previously been  
         left pending. 
                                                                            
         The Chair moved adoption of the committee substitute which had  
         previously been laid out; without objection, it was so ordered. 
          
         Senator West moved that Senate Bill 865 do not pass but that  
         CSSB 865 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, 0 present not voting, and 1  
         absent.  Senators Gallegos and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         The Chair recalled Senate Bill 1826 which had previously been  
         left pending. 
          
         Senator West moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator West moved that Senate Bill 1826 do not pass but that  
         CSSB 1826 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, 0 present not voting, and 1  
         absent.  Senators Gallegos and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         The Chair recalled Senate Bill 739 which had previously been  
         left pending. 
          
         Senator Deuell moved that Senate Bill 739 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, 0 present not voting, and 1 absent.  Senators Gallegos and  
         Zaffirini asked to be shown voting aye; without objection, it  
         was so ordered. 
          
         Senator Deuell moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair recalled Senate Bill 1615 which had previously been  
         left pending. 
          
         Senator Deuell moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Deuell moved that Senate Bill 1615 do not pass but that  
         CSSB 1615 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 nay, 0 present not voting, and 1  
         absent.  Senators Gallegos and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         Senator Deuell moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.  
                                                                            
         The Chair recalled Senate Bill 923 which had previously been  
         left pending. 
          
         Senator Lindsay sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator Lindsay moved that Senate Bill 923, as amended, 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, 0 present not voting, and 0 absent.  Senators  
         Gallegos and Zaffirini asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         Senator Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 4:30 p.m. Senator Janek assumed the chair.   
          
         The Chair recalled Senate Bill 1226 which had previously been  
         left pending. 
          
         Senator Nelson moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Nelson moved that Senate Bill 1226 do not pass but that  
         CSSB 1226 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, 0 present not voting, and 0  
         absent.  Senators Gallegos and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         The Chair recalled House Bill 1095 which had previously been  
         left pending. 
          
         Senator Nelson moved that House Bill 1095 be reported favorably  
         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, 0 present not voting, and 0 absent.  Senators Gallegos and  
         Zaffirini asked to be shown voting aye; without objection, it  
         was so ordered.           
          
         Senator Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         At 4:35 p.m. Senator Nelson resumed the chair.   
          
         The Chair recalled Senate Bill 1315 which had previously been 
         left pending and recognized Senator Van de Putte to explain the  
         bill. 
          
         Senator Janek sent up a new committee substitute; the chair  
         recognized Senator Van de Putte to explain the difference  
         between the committee substitute and the bill as filed.  The  
         Chair moved adoption of the committee substitute; without  
         objection, it was so ordered.   
          
         Senator Lindsay moved that Senate Bill 1315 do not pass but that  
         CSSB 1315 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, 0 present not voting, and 0  
         absent.  Senators Gallegos and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         The Chair laid out Senate Bill 787 and recognized its author,  
         Senator Carona, to explain the bill. 
          
         Senator Carona explained the bill. 
          
         At 4:40 p.m. Senator Janek assumed the chair.  
          
         The Chair opened the floor for public testimony on Senate Bill  
         787.  Witnesses testifying and registering on the bill are shown  
         on the attached list. 
          
         The Chair closed public testimony. 
          
         At 4:55 p.m., Senator Deuell assumed the chair. 
          
         There being no further business, at 5:00 p.m. Senator Deuell  
         moved that the Committee stand recessed subject to the call of  
         the Chair.  Without objection, it was so ordered.   
          
         ______________________ 
         Senator Jane Nelson, Chair 
          
         ______________________ 
         Travis Broussard, Clerk