MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                              Tuesday, March 22, 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 22, 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 568 and recognized the author,  
         Senator Deuell, to explain the bill.   
          
         Senator Deuell sent up a committee substitute; the Chair  
         recognized Senator Deuell 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.   
          
         The Chair closed public testimony. 
          
         Senate Bill 568 was left pending. 
          
         The Chair laid out Senate Bill 98 and recognized the author,  
         Senator Shapleigh, 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.   
          
         At 9:30 a.m., a quorum was established. 
  
         Senate Deuell moved adoption of the minutes from the previous  
         hearing held on March 15, 2005; without objection, it was so  
         ordered.   
          
         Public testimony resumed. 
          
         The Chair closed public testimony. 
          
         Senate Bill 98 was left pending. 
          
         The Chair laid out Senate Bill 812 and recognized the author,  
         Senator Deuell, 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.   
          
         The Chair closed public testimony. 
          
         Senator Deuell moved that SB 812 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 West 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. 
          
         At 9:47 a.m., Senator Janek assumed the chair. 
          
         The Chair laid out Senate Bill 52 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. 
          
         The Chair opened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         The Chair closed public testimony. 
          
         Senate Bill 52 was left pending. 
          
         At. 9:55 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 184 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.  Senator Janek moved  
         adoption of the committee substitute; without objection, it was  
         so ordered. 
          
         The Chair opened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         The Chair closed public testimony. 
          
         Senate Bill 184 was left pending. 
          
         The Chair laid out Senate Bill 424 which had previously been  
         left pending and recognized the author, Senator Carona, to  
         explain the bill. 
          
         Senator Carona sent up a new committee substitute; the Chair  
         recognized Senator Carona to explain the difference between the  
         committee substitute and the bill as filed.   
          
         Senator Armbrister sent up Committee Amendment #1 and then  
         withdrew the amendment. 
          
         The Chair opened the floor to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         The Chair closed public testimony. 
          
         Senator Carona moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Senator Carona moved that SB 424 do not pass but that CSSB 424  
         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 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 SB 98 which had previously been left pending. 
          
         Senator Lindsay sent up Committee Amendment #1 and moved  
         adoption of the amendment; without objection, it was so ordered. 
         Senator Lindsay moved that SB 98, as amended, 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 West and Zaffirini asked to be shown voting aye;  
         without objection, it was so ordered. 
          
         Senator Lindsay 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 492 and recognized the author,  
         Senator Van de Putte, to explain the bill. 
          
         Senator Armbrister sent up a committee substitute and moved  
         adoption; without objection, it was so ordered.  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 to public testimony.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.   
          
         The Chair closed public testimony. 
          
         Senator Armbrister moved that SB 492 do not pass but that CSSB  
         492 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. 
          
         Senator Armbrister moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered. 
          
         The Chair announced that the Committee would stand in recess  
         subject to the call of the Chair. 
          
         At 1:10 p.m., the Committee reconvened. 
          
         The Chair laid out Senate Bill 40 and recognized the author,  
         Senator Zaffirini, to explain the bill. 
          
         Senator Zaffirini sent up a committee substitute; the Chair  
         recognized Senator Zaffirini 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.   
          
         The Chair closed public testimony. 
          
         Senate Bill 40 was left pending. 
          
         At 1:25 p.m., Senator Lindsay assumed the chair. 
          
         The Chair laid out Senate Bill 873 and recognized the author,  
         Senator Nelson, to explain the bill. 
          
         Senate Bill 873 was left pending. 
          
         At 1:30 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 747 and recognized the author,  
  
         Senator Carona, 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.   
          
         The Chair closed public testimony. 
          
         Senate Bill 747 was left pending. 
          
         The Chair laid out Senate Bill 127 by Senator Lindsay and  
         recognized Senator Carona to explain the bill. 
          
         Senator Carona sent up a committee substitute and explained the  
         difference between the 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.   
          
         The Chair closed public testimony. 
          
         Senator Lindsay moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Senator Lindsay moved that SB 127 do not pass but that CSSB 127  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 5 ayes, 1 nay, 0 present not voting, and 3 absent. 
          
         The Chair laid out SB 40 which had previously been left pending. 
          
         Senator Zaffirini moved adoption of the committee substitute  
         which had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Zaffirini moved that SB 40 do not pass but that CSSB 40  
         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. 
          
         Senator Zaffirini moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered. 
          
         The Chair laid out SB 747 which had previously been left  
         pending. 
          
         Senator Carona moved that SB 747 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 5 ayes, 2 nays, 0  
         present not voting, and 2 absent. 
          
         At 2:45 p.m., Senator Zaffirini assumed the chair. 
          
         The Chair laid out SB 873 which had previously been left  
         pending. 
  
         Senator Nelson moved that SB 873 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 Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         At 2:47 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out SB 568 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 SB 568 do not pass but that CSSB 568  
         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. 
          
         There being no further business, at 2:50 p.m. the Chair  
         announced that the Committee would stand recessed subject to the  
         call of the Chair.   
          
         ___________________________ 
         Senator Jane Nelson, Chair 
          
         _____________________________ 
         Travis Broussard, Clerk