MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                               Tuesday, April 5, 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, April 5, 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 566 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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 1211 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.   
          
         Witnesses registering on the bill are shown on the attached  
         list.   
          
         The Chair announced that the bill would be left pending. 
          
         At 9:15 a.m., Senator Lindsay assumed the chair. 
          
         The Chair laid out Senate Bill 874 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.   
          
         Witnesses registering on the bill are shown on the attached  
         list.   
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 1329 and recognized the author,  
         Senator Nelson, to explain the bill.   
          
         Senator Nelson sent up Committee Amendment 1 and explained 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. 
          
         The Chair announced that the bill would be left pending. 
          
         At 9:25 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 1378 and recognized the author,  
         Senator Staples, to explain the bill.   
          
         Senator Lindsay sent up a committee substitute; the Chair  
         recognized Senator Staples to explain the difference between the  
         committee substitute and the bill as filed.   
          
         Witnesses registering on the bill are shown on the attached  
         list.   
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 691 and recognized the 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.   
          
         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. 
          
         The Chair laid out Senate Bill 1001 and recognized the author,  
         Senator Madla, to explain the bill. 
  
         Senator Armbrister sent up a committee substitute; the Chair  
         recognized Senator Madla to explain the difference between the  
         committee substitute and the bill as filed. 
          
         Witnesses registering on the bill are shown on the attached  
         list.   
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 995 and recognized the author,  
         Senator Averitt, 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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 1524 and recognized the author,  
         Senator Zaffirini, 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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 983 and recognized the author,  
         Senator Van de Putte, to explain 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 to public testimony.  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. 
          
         At 9:55 a.m., Senator Zaffirini assumed the chair. 
          
         The Chair laid out Senate Bill 1053 by Senator Janek and  
         recognized 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.   
          
         Witnesses registering on the bill are shown on the attached  
  
         list.   
          
         The Chair announced that the bill would be left pending. 
          
         At 9:55 a.m., Senator Nelson resumed the chair. 
          
         At 9:56 a.m., a quorum was established. 
          
         The Chair laid out SB 566 which had previously been left  
         pending. 
          
         Senator Deuell moved that SB 566 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 Janek, Armbrister, and West asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         The Chair laid out SB 691 which had previously been left  
         pending. 
          
         Senator Gallegos moved adoption of the committee substitute  
         which had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Gallegos moved that SB 691 do not pass but that CSSB 691  
         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 Janek, Armbrister, and West asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         At 10:03 a.m., Senator Zaffirini assumed the chair. 
          
         The Chair laid out SB 874 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 SB 874 do not pass but that CSSB 874  
         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 Janek, Armbrister, and West 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 10:05 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out SB 983which 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 983 do not pass but that CSSB  
         983 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 Janek, Armbrister, and West asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         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 995 which had previously been left  
         pending. 
          
         Senator Carona moved that SB 995 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 Janek, Armbrister, and West 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 1001 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 Deuell moved that SB 1001 do not pass but that CSSB 1001  
         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 Janek, Armbrister, and West asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         The Chair laid out SB 1053 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 Lindsay moved that SB 1053 do not pass but that CSSB  
         1053 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 Janek, Armbrister, and West 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 SB 1211 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 Deuell moved that SB 1211 do not pass but that CSSB 1211  
         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 Janek, Armbrister, and West 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 10:10 a.m., Senator Zaffirini assumed the chair. 
          
         The Chair laid out SB 1329 which had previously been left  
         pending. 
          
         Senator Nelson moved adoption of Committee Amendement 1 which  
         had previously been laid out; without objection, it was so  
         ordered.  Senator Nelson then moved that the amendment be rolled  
         into a committee substitute; without objection, it was so  
         ordered.  Senator Nelson then moved adoption of the committee  
         substitute; without objection, it was so ordered. 
          
         Senator Nelson moved that SB 1329 do not pass but that CSSB 1329  
         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 Janek and West 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 10:12 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out SB 1378 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 Deuell moved that SB 1378 do not pass but that CSSB 1378  
         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 Janek and West 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 1524 which had previously been left  
         pending. 
          
         Senator Zaffirini moved that SB 1524 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 Janek and West asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         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 Senate Bill 826 and recognized the author,  
         Senator Van de Putte, 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. 
          
         The Chair announced that the bill would be left pending. 
          
         There being no further business, at 10:38 a.m. the Chair  
         announced that the Committee would stand recessed subject to the  
         call of the Chair.   
          
         ___________________________ 
         Senator Jane Nelson, Chair 
          
         _____________________________ 
  
         Travis Broussard, Clerk