MINUTES 
                                           
                    SENATE COMMITTEE ON HEALTH & HUMAN SERVICES 
                               Thursday, May 19, 2005 
                                     9:00 a.m. 
                             Capitol Extension, E1.016 
                                           
                                       ***** 
                                           
         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 Thursday, May 19, 2005, in the Senate  
         Chamber at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jane Nelson                     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 9:13 a.m.  The  
         following business was transacted:   
          
         The Chair laid out House Bill 3235 and recognized the sponsor,  
         Senator Van de Putte, to explain the bill.   
          
         Senator Deuell sent up a committee substitute.  The Chair  
         recognized Senator Van de Putte to explain 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. 
          
         The Chair announced that the bill would be left pending. 
          
         At 9:20 a.m., Senator Deuell assumed the chair. 
          
         The Chair laid out House Bill 2101 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         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 House Bill 2471 and recognized the sponsor,  
         Senator Nelson, 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. 
          
         At 9:20 a.m., Senator Nelson resumed the chair. 
          
         The Chair laid out House Bill 677 and recognized the sponsor,  
         Senator Wentworth, to explain the bill.   
          
         Senator Deuell sent up a committee substitute.  The Chair  
         recognized Senator Wentworth to explain 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. 
          
         The Chair laid out House Concurrent Resolution 37, sponsored by  
         Senator Staples, and recognized Senator Deuell to explain the  
         resolution.   
          
         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 resolution would be left pending. 
          
         The Chair laid out House Bill 2180, sponsored by Senator  
         Averitt, and recognized Senator Deuell to explain the bill.   
          
         Senator Deuell sent up a committee substitute.  The Chair  
         recognized Senator Deuell to explain the difference between the  
         substitute and the bill as filed. 
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair announced that the resolution would be left pending. 
          
         The Chair laid out House Bill 1252, sponsored by Senator  
         Zaffirini, and recognized Senator Deuell to explain the bill.   
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair announced that the resolution would be left pending. 
          
         The Chair laid out Senate Bill 1899, authored by Senator  
         Zaffirini, and recognized Senator Deuell to explain the bill.   
          
         Senator Deuell sent up a committee substitute.  The Chair  
         recognized Senator Deuell to explain 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. 
          
         The Chair announced that the resolution would be left pending. 
          
         At 9:45 a.m., Senator Deuell assumed the chair. 
          
         The Chair laid out House Bill 2675 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair announced that the resolution would be left pending. 
          
         The Chair laid out House Bill 3357 and recognized the sponsor,  
         Senator Nelson, to explain the bill.   
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair announced that the resolution would be left pending. 
          
         The Chair laid out House Bill 1502 and recognized the sponsor,  
         Senator Nelson, 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 House Bill 384, sponsored by Senator West,  
         and recognized Senator Nelson 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 laid out House Bill 1366, sponsored by Senator Janek,  
         and recognized Senator Nelson to explain the bill.   
  
         Senator Nelson sent up Committee Amendment 1 and explained the  
         amendment. 
          
         Witnesses registering on the bill are shown on the attached  
         list. 
          
         The Chair laid out House Bill 2696, sponsored by Senator West,  
         and recognized Senator Nelson 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. 
          
         At 10:35 a.m., a quorum was established. 
          
         The Chair recalled SCR 37 which had previously been left  
         pending. 
          
         Senator Armbrister moved that SCR 37 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 Armbrister moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered. 
          
         The Chair recalled SB 1899 which had previously been left  
         pending. 
          
         Senator Lindsay moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
         ordered. 
          
         Senator Lindsay moved that SB 1899 do not pass but that CSSB  
         1899 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 1 absent. 
          
         Senator Zaffirini 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. 
          
         The Chair recalled HB 677 which had previously been left  
         pending. 
          
         Senator West moved adoption of the committee substitute which  
         had previously been laid out; without objection, it was so  
  
         ordered. 
          
         Senator Lindsay moved that HB 677 do not pass but that CSHB 677  
         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 asked to be shown voting aye; without  
         objection, it was so ordered. 
          
         Senator West moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered. 
          
         The Chair recalled HB 1252 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 1252 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 Lindsay moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         The Chair recalled HB 1366 which had previously been left  
         pending. 
          
         Senator West moved adoption of Committee Amendment 1 which had  
         previously been laid out; without objection, it was so ordered. 
          
         Senator Nelson moved that HB 1366 be reported favorably as  
         amended 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 Armbrister moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered. 
          
         At 10:40 a.m., Senator Armbrister assumed the chair. 
          
         The Chair recalled HB 1502 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 1502 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. 
          
         The Chair recalled HB 2101 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 2101 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 10:42 a.m., Senator Nelson resumed the chair. 
          
         The Chair recalled HB 2180 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 HB 2180 do not pass but that CSHB  
         2180 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 Nelson moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         At 10:43 a.m., Senator Armbrister resumed the chair. 
          
         The Chair recalled HB 2471 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 2471 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. 
          
         The Chair recalled HB 2765 which had previously been left  
  
         pending. 
          
         Senator Nelson moved that HB 2765 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 Gallegos moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered. 
          
         At 10:45 a.m., Senator Nelson assumed the chair. 
          
         The Chair recalled HB 3235 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 Lindsay moved that HB 3235 do not pass but that CSHB  
         3235 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 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. 
          
         At 10:46 a.m., Senator Armbrister resumed the chair. 
          
         The Chair recalled HB 3357 which had previously been left  
         pending. 
          
         Senator Nelson moved that HB 3357 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 10:47 a.m., Senator Nelson resumed the chair. 
          
         The Chair recalled HB 2696 which had previously been left  
         pending. 
          
         Senator West moved that HB 2696 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 West 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 943 and recognized the author,  
         Senator Armbrister, to explain the bill. 
          
         The Chair laid out Senate Bill 128 and recognized the author,  
         Senator Shapliegh, to explain the bill. 
          
         The Chair laid out Senate Bill 1126 and recognized the author,  
         Senator Zaffirini, to explain the bill. 
          
         At 10:55 a.m., the Committee stood in recess. 
          
         At 2:20 p.m., the Committee reconvened. 
          
         The Chair opened the floor to public testimony on SBs 943, 128,  
         and 1126.  Witnesses testifying and registering on the bill are  
         shown on the attached list.     
          
         The Chair closed public testimony. 
          
         With no other business to come before the Committee, at 4:15  
         p.m., the Chair announced that the Committee would stand in  
         recess subject to the call of the Chair. 
          
         _____________________________ 
         Senator Jane Nelson, Chair 
          
         _____________________________ 
         Travis Broussard, Clerk