MINUTES 
                                           
              JOINT COMMITTEE ON NUTRITION & HEALTH IN PUBLIC SCHOOLS 
                              Thursday, April 15, 2004 
                                     10:00 a.m. 
                                       E1.036 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Nutrition &  
         Health in Public Schools was held on Thursday, April 15, 2004,  
         in the Capitol Extension, E1.036 at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Eddie Lucio, Jr., Chair         Senator Bob Deuell 
         Representative Jodie Laubenberg, Vice-Chair  Senator Jane Nelson 
         Representative Jaime Capelo             Commissioner Shirley  
                                                 Neeley 
         Representative Vicki Truitt             Dr. Nancy DiMarco,  
         Public Member 
         Commissioner Susan Combs                 
         Commissioner Eduardo Sanchez 
         Dr. Adrain Johnson, Public Member 
         Dr. William Klish, Public Member 
         Ms. Dora Rivas, R.D., Public Member 
         Mr. Michael Sullivan, Public Member 
         Dr. Melissa Wilson, Public Member        
          
                                       ***** 
                                           
         Senator Eddie Lucio, Jr., the acting chair, called the meeting  
         to order at 10:10 a.m.  There being a quorum present, the  
         following business was transacted:   
          
         There being no chair or vice-chair appointed to the committee,  
         an election for chair and vice chair was called.  Representative  
         Laubenberg nominated Senator Eddie Lucio for chairman.   
         Commissioner Susan Combs seconded the nomination, and moved that  
         no further nominations be taken.  The motion carried with a  
         record vote of 10 ayes, 0 nay, 1 present not voting, and 4  
         absent.  Senator Eddie Lucio was elected chair.   
          
         The next order of business being the election of vice-chair,  
         Commissioner Combs nominated Representative Jodie Laubenberg for  
         vice-chair.  Commissioner Eduardo Sanchez seconded the motion,  
         and moved that no further nominations be taken.  The motion  
         carried with a record vote of 10 ayes, 0 nay, 1 present not  
         voting, and 4 absent.  Representative Jodie Laubenberg was  
         elected vice-chair. 
  
         The Chair and Vice Chair offered welcoming remarks.  Each member  
         introduced himself or herself, and offered opening remarks. 
          
         The Chair laid out the proposed committee rules.  Representative  
         Capelo moved that the proposed rules be adopted, and Vice-Chair  
         Laubenberg seconded the motion. The motion carried with a record  
         vote of 10 ayes, 0 nay, 0 present not voting, and 5 absent.   
          
         The committee then heard invited testimony (witness list  
         attached). 
          
         At 11:35 a.m. Representative Laubenberg assumed the chair.   
          
         At 11:56 a.m. Senator Lucio, Jr. resumed the chair.   
          
         At 1:00 p.m. Representative Laubenberg assumed the chair.   
          
         At 1:10 p.m. Senator Lucio, Jr. resumed the chair.   
          
         After testimony was taken, Senator Lucio moved that the  
         committee charges be divided and studied by the Texas Department  
         of Health, the Texas Education Agency, and the Texas Department  
         of Agriculture.  The Texas Department of Health will study  
         Charge #2, Texas Education Agency will study Charge #4, and the  
         Texas Department of Agriculture will study Charges #1 and #3.   
         Without objection, it was so ordered.  
          
         At 2:03 p.m. Senator Lucio, Jr. moved that the committee stand  
         recessed subject to the call of the Chair; without objection, it  
         was so ordered.   
          
         _____________________________ 
         Senator Eddie Lucio, Chair 
          
         ____________________________ 
         LeAnn Gallegos, Clerk