MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                               Tuesday, March 1, 2005 
                                     9:00 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 &  
         Human Services was held on Tuesday, March 1, 2005, in the Senate  
         Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     None 
         Senator Kyle Janek 
         Senator Kenneth Armbrister 
         Senator John Carona 
         Senator Bob Deuell 
         Senator Mario Gallegos, Jr. 
         Senator Jon Lindsay 
         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 Senate Bill 376 and recognized the author,  
         Senator Madla, to explain the bill.   
          
         The Chair opened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         With no further witnesses wishing to testify, the Chair closed  
         public testimony.   
          
         At 9:08 a.m., a quorum was established. 
          
         Senator Armbrister moved that SB 376 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, Janek, West, and Zaffirini asked to be shown  
         voting aye; without objection, it was so ordered. 
          
         Senator Carona 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 316 and recognized the author,  
         Senator Lucio, to explain the bill.   
          
         At 9:10 a.m., Senator Armbrister assumed the chair.   
          
         Senator Carona sent up a committee substitute; the Chair  
         recognized Senator Lucio to explain the difference between the  
         committee substitute and the bill as filed.   
          
         The Chair opened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         At 9:20 a.m. Senator Nelson resumed the chair.   
          
         With no further witnesses wishing to testify, the Chair closed  
         public testimony. 
          
         Senator Armbrister moved adoption of the committee substitute;  
         without objection, it was so ordered.   
          
         Senator Lindsay moved that SB 316 do not pass but that CSSB 316  
         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, West, and Zaffirini asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         The Chair announced that the Committee would stand in recess  
         until 10:00 a.m. 
          
         The Committee reconvened at 10:20 a.m. 
          
         At 10:21 a.m. Senator Gallegos assumed the chair.   
          
         The Chair laid out Senate Bill 44 and recognized the 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.   
          
         Senator Nelson moved that SB 44 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The Chair laid out Senate Bill 46 and recognized the 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 to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         With no further witnesses wishing to testify, the Chair closed  
         public testimony.   
          
         Senator Nelson moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         The Chair reopened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list. 
          
         With no further witnesses wishing to testify, the Chair closed  
         public testimony.   
          
         Senator Nelson moved that SB 46 be left pending; without  
         objection, it was so ordered.   
          
         The Chair laid out SB 44 and recognized its author, Senator  
         Nelson, to explain the bill. 
          
         Senator Nelson moved adoption of the committee substitute;  
         without objection, it was so ordered.   
          
         Senator Nelson moved that SB 44 do not pass but that CSSB 44 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 Deuell 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 laid out Senate Bill 47 and recognized the 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 to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         With no further witnesses wishing to testify, the Chair closed  
         public testimony. 
          
         Senator Nelson moved that SB 47 be left pending; without  
         objection, it was so ordered.   
  
         The Chair laid out Senate Bill 48 and recognized the 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.   
          
         Senator Nelson moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Senator Nelson moved that SB 48 do not pass but that CSSB 48 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.   
          
         Senator 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 laid out Senate Bill 196 and recognized the author,  
         Senator Nelson, to explain the bill.  
          
         Senator Nelson moved that SB 196 be reported favorably 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.    
          
         Senator 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 11:20 a.m. Senator Nelson resumed the chair.   
          
         The Chair laid out Senate Bill 239 and recognized the 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.   
          
         The Chair opened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         With no further witnesses wishing to testify, the Chair closed  
         public testimony. 
          
         Senator Janek moved adoption of the committee substitute;  
         without objection, it was so ordered.   
          
         Senator Janek moved that SB 239 do not pass but that CSSB 239 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 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.   
          
         Senator Janek moved adoption of the minutes from the previous  
         hearing held on February 22, 2005; without objection, it was so  
         ordered.   
          
         With no other business to come before the Committee, at 11:35  
         a.m., the Chair announced 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