MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                              Tuesday, April 12, 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 12, 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:   
          
         At 9:01 a.m., Senator Deuell assumed the chair. 
          
         The Chair laid out Senate Bill 42 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.   
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         At 9:15 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 565 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 1340 and recognized the author,  
         Senator Madla, to explain the bill.   
          
         Senator Lindsay 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. 
          
         At 9:30 a.m., a quorum was established.  
          
         Senator Deuell moved adoption of the minutes from the previous  
         hearing held on April 5, 2005; without objection, it was so  
         ordered.   
          
         Senator Deuell moved adoption of the committee substitute for SB  
         1340 which had previously been laid out; without objection, it  
         was so ordered. 
          
         Senator Gallegos moved that SB 1340 do not pass but that CSSB  
         1340 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 Armbrister, Gallegos, 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 9:33 a.m., Senator Zaffirini assumed the chair. 
          
         The Chair laid out SB 42 which had previously been left pending. 
          
         Senator Nelson moved adoption of the committee substitute for SB  
         42 which had previously been laid out; without objection, it was  
         so ordered. 
          
         Senator Nelson moved that SB 42 do not pass but that CSSB 42 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 Armbrister, Gallegos, 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 9:35 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out SB 565 which had previously been left  
         pending. 
          
         Senator Deuell moved that SB 565 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 Armbrister, Gallegos, 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. 
          
         The Chair laid out Senate Bill 1586 and recognized the author,  
         Senator Carona, to explain the bill. 
          
         Senator Carona sent up a committee substitute and moved  
         adoption; without objection, the substitute was adopted.  The  
         Chair recognized Senator Carona 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 Carona moved that SB 1586 do not pass but that CSSB 1586  
         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 Armbrister, Gallegos, 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 361 which had previously been left  
         pending. 
         Senator Carona moved to reconsider the vote by which Committee  
         Amendment 1 to SB 361 was adopted; without objection, it was so  
         ordered. 
          
         Senator Carona withdrew the amendment. 
          
         Senator Carona sent up a committee substitute and moved  
         adoption; without objection, the substitute was adopted.  The  
  
         Chair recognized Senator Carona to explain the difference  
         between the committee substitute and the bill as filed.   
          
         Senator Carona moved that SB 361 do not pass but that CSSB 361  
         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 Armbrister and Gallegos 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 1069 and recognized the author,  
         Senator Madla, to explain the bill.  
          
         The Chair sent up a committee substitute; the Chair recognized  
         Senator Madla to explain the difference between the committee  
         substitute and the bill as filed.   
          
         At 9:55 a.m., Senator Janek assumed the chair. 
          
         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 325 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. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 815 and recognized the author,  
         Senator Lucio, 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 1525 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. 
          
         The Chair announced that the bill would be left pending. 
          
         At 10:43 a.m., the Chair announced that the Committee would  
         stand in recess subject to the call of the Chair. 
          
         At 1:20 p.m., the Committee reconvened. 
          
         The Chair laid out Senate Bill 1113 and recognized the author,  
         Senator Gallegos, to explain the bill.     
          
         Senator Gallegos sent up a committee substitute; the Chair  
         recognized Senator Gallegos 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 1:30 p.m., Senator Gallegos assumed the chair. 
          
         The Chair laid out Senate Bill 1118 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.     
          
         Senator Nelson sent up Committee Amendment 1 and explained the  
         amendment. 
          
         Senator Nelson sent up Committee Amendment 2 and explained the  
         amendment. 
          
         Senator Nelson sent up Committee Amendment 3 and explained the  
         amendment. 
          
         Senator Nelson sent up Committee Amendment 4, authored by  
         Senator Janek, and explained the amendment. 
  
         At 1:40 p.m., Senator Deuell assumed the chair. 
          
         Senator Gallegos sent up Committee Amendment 5 and explained the  
         amendment. 
          
         The Chair closed public testimony. 
          
         The Chair announced that the bill would be left pending. 
          
         The Chair laid out Senate Bill 247, by Senator West, 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.   
          
         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 2:00 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out Senate Bill 330 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. 
          
         The Chair announced that the bill would be left pending. 
         At 2:45 p.m., the Chair announced that the Committee would stand  
         in recess. 
          
         At 3:05 p.m., the Committee reconvened. 
          
         The Chair laid out Senate Bill 1055 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.     
          
         The Chair closed public testimony. 
          
         Senator Janek moved adoption of the committee substitute;  
         without objection, it was so ordered. 
          
         Senator Janek moved that SB 1055 do not pass but that CSSB 1055  
         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 Carona, 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 SB 247 which had previously been left  
         pending. 
          
         Senator Janek moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Janek moved that SB 247 do not pass but that CSSB 247 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 Carona, 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 SB 325 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 Janek moved that SB 325 do not pass but that CSSB 325 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 Carona, West, and Zaffirini asked to be shown voting  
         aye; without objection, it was so ordered. 
         The Chair laid out SB 330 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 330 do not pass but that CSSB 330  
  
         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 Carona, West, and Zaffirini asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         The Chair laid out SB 815 which had previously been left  
         pending. 
          
         Senator Gallegos moved that SB 815 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 Carona, West, and Zaffirini asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         The Chair laid out SB 1069 which had previously been left  
         pending. 
          
         Senator Janek moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Janek moved that SB 1069 do not pass but that CSSB 1069  
         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 Carona, West, and Zaffirini asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         The Chair laid out SB 1113 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 1113 do not pass but that CSSB  
         1113 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 Armbrister, Carona, and West asked to be shown voting  
         aye; without objection, it was so ordered. 
          
         Senator Gallegos moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered. 
          
         At 3:20 p.m., Senator Janek assumed the chair. 
          
         The Chair laid out SB 1188 which had previously been left  
         pending 
          
         Senator Nelson moved adoption of Committee Amendment 1 which had  
         previously been laid out; without objection, it was so ordered. 
          
         Senator Nelson moved adoption of Committee Amendment 2 which had  
         previously been laid out; without objection, it was so ordered. 
          
         Senator Nelson moved adoption of Committee Amendment 3 which had  
         previously been laid out; without objection, it was so ordered. 
          
         At 3:25 p.m., Senator Deuell assumed the chair. 
          
         Senator Janek moved adoption of Committee Amendment 4 which had  
         previously been laid out; without objection, it was so ordered. 
          
         At 3:26 p.m., Senator Janek assumed the chair. 
          
         Senator Gallegos moved adoption of Committee Amendment 5 which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Nelson moved that the amendments be rolled into the  
         proposed committee substitute; without objection, it was so  
         ordered.  Senator Nelson then moved adoption of the new  
         committee substitute; without objection, it was so ordered. 
          
         Senator Nelson moved that SB 1188 do not pass but that CSSB 1118  
         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 Carona 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. 
          
         The Chair laid out SB 66 which had previously been left pending. 
          
         Senator Gallegos sent up Committee Amendment 1 and explained the  
         amendment.  Senator Gallegos then moved adoption of the  
         amendment; without objection, it was so ordered. 
          
         Senator Nelson moved that the amendment be rolled into the  
         proposed committee substitute; without objection, it was so  
         ordered.  Senator Nelson then moved adoption of the new  
         committee substitute; without objection, it was so ordered. 
          
         Senator Nelson moved that SB 66 do not pass but that CSSB 66 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 6  
         ayes, 0 nays, 0 present not voting, and 3 absent. 
          
         Senator Carona 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 3:35 p.m., Senator Nelson resumed the chair. 
          
         The Chair laid out SB 1525 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 1525 do not pass but that CSSB  
         1525 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 Carona 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. 
          
         Senator Zaffirini moved that SB 325 be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         The Chair laid out SB 630 which had previously been left pending  
         and recognized its author, Senator Van de Putte, to explain the  
         bill. 
          
         Senator Van de Putte explained language for a proposed committee  
         substitute. 
          
         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. 
          
         With no other business to come before the Committee, at 3:45  
         p.m., Senator Gallegos moved that the Committee stand in recess  
         subject to the call of the Chair; without objection, it was so  
         ordered. 
          
         _____________________________ 
         Senator Jane Nelson, Chair 
          
         _____________________________ 
         Travis Broussard, Clerk