MINUTES
SENATE COMMITTEE ON HEALTH & HUMAN SERVICES
Friday May 16, 1997
7 a.m.
Senate Chamber
*****
Pursuant to a notice posted for a public hearing on Friday,
May 16, 1997, and a motion made by Senator Zaffirini to
suspend the Senate posting rules to add various bills to the
agenda, in accordance with Senate Rule 11.11, a public hearing
of the Texas Senate Committee on Health and Human Services was
held on Friday, May 17, 1997, and was continued on Saturday,
May 17, 1997, in the Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair
Senator Jane Nelson, Vice Chair
Senator John Carona
Senator Mario Gallegos, Jr.
Senator Michael Galloway
Senator Chris Harris
Senator Frank Madla
Senator Mike Moncrief
Senator Drew Nixon
Senator Jerry Patterson
Senator Royce West
*****
The chair called the meeting to order at 7 a.m. There being a
quorum present, the following business was transacted.
The chair laid out HB 1909 by Representative Maxey, relating
to the methods used to extend the period of supported
employment for recipients of Temporary Assistance for Needy
Families, and recognized the Senate sponsor, Senator Truan, to
explain the bill.
The following person provided oral testimony in support of HB
1909:
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 1909, the
chair closed public testimony.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The chair left HB 1909 pending temporarily.
The chair laid out HB 3100 by Representative Jones, relating
to rights of the elderly, and recognized the Senate sponsor,
Senator Truan, to explain the bill.
There being no witnesses registered or responding to the
chair's call for public testimony related to HB 3100, the
chair closed public testimony.
The chair left HB 3100 pending temporarily.
The chair laid out HB 2084 by Representative Hilderbran,
relating to the establishment of a pilot project in which
vouchers are used for payment of certain health care services,
and recognized the Senate sponsor, Senator Nelson, to explain
the bill.
The following person provided oral testimony in support of HB
2084:
Laura Brown, project coordinator, Coalition of Texans
with Disabilities Personal Assistance Services Task
Force, 316 W. 12th St., Suite 406, Austin, Texas 78701.
The following persons registered in support of HB 2084, but
did not testify:
Hanna Swift, 1704 Parkside Lane, Austin, Texas 78745.
Susan Schaffer, governmental affairs specialist, The Arc
of Texas, 1600 W. 38th St., # 200, Austin, Texas 78751.
Heather Vasek, research and policy specialist, Texas
Association for Home Care, 3737 Executive Center Dr., #
151, Austin, Texas 78731.
Mary Jo Magruder, director, Advocacy and Public
Information, Texas Planning Council for Developmental
Disabilities, 4900 N. Lamar, Austin, Texas 78751.
Bob Kafka, organizer, American Disabled for Attendant
Programs Today, 1319 Lamar Dr., # 101, Austin, Texas
78704.
Jonas Schwartz, disability policy associate, United
Cerebral Palsy of Texas, 900 Congress, Suite 220, Austin,
Texas 78701.
Tom Tyree, community liaison, Texas Assistive Technology
Partnership, 7744 Northcross, Apt. W 160, Austin, Texas
78757.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2084, the
chair closed public testimony.
Senator Nelson moved that HB 2084 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Nelson moved that HB 2084 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew HB 1909 by Representative Maxey,
relating to the methods used to extend the period of supported
employment for recipients of Temporary Assistance for Needy
Families, which had been left pending, and recognized Senator
Moncrief on behalf of the Senate sponsor, Senator Truan.
Senator Moncrief moved that HB 1909, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 10 "ayes,"
0 "nays" and 1 "absent."
Senator Moncrief moved that HB 1909 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew HB 3100 by Representative Jones,
relating to rights of the elderly, and recognized Senator
Moncrief on behalf of the Senate sponsor, Senator Truan.
Senator Moncrief moved that HB 3100 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that HB 3100 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew HB 3116 by Representative Greenberg,
relating to work supplementation programs for certain welfare
recipients, which was considered for reporting to the Senate
on Wednesday, May 14, 1997, and recognized Senator Carona for
a motion.
Senator Carona moved to reconsider the vote by which HB 3116
failed to receive an affirmative vote. There being no
objection, the motion prevailed by unanimous consent.
Senator Carona sent up committee amendment 2 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Carona moved that HB 3116, as amended, be reported to
the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 8 "ayes,"
0 "nays" and 3 "absent."
Senator Carona moved that HB 3116 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 155 by Representative Greenberg,
relating to the listing and registration of family homes;
providing penalties, and recognized the Senate sponsor,
Senator Madla, to explain the bill.
The following persons registered as resource witnesses on HB
155, but did not testify:
Bill Carver, standards specialist, Texas Department of
Protective and Regulatory Services, Box 149030, Austin,
Texas 78714-9030.
Jack Heeney, president, Texas Licensed Child Care
Association, 9433 Fredericksburg Rd., San Antonio, Texas
78240.
Diana Spiser, division administrator, Texas Department of
Protective and Regulatory Services, 701 W. 51st St.,
Austin, Texas 78761.
Kingsbery Otto, attorney, Texas Department of Protective
and Regulatory Services, 701 W. 51st St., Austin, Texas
78714.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 155, the chair
closed public testimony.
Senator Madla moved that HB 155 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 9 "ayes," 0 "nays" and 2 "absent."
The chair laid out HB 1596 by Representative Hochberg,
relating to unlicensed personal care facilities, and
recognized the Senate sponsor, Senator Moncrief, to explain
the bill.
The chair left public testimony open and HB 1596 pending
temporarily.
The chair laid out HB 2099 by Representative Uher, relating to
student loan reimbursements for physician assistants
practicing in certain areas, and recognized the Senate
sponsor, Senator Nixon, to explain the bill.
There being no witnesses registered or responding to the
chair's call for public testimony related to HB 2099, the
chair closed public testimony.
Senator Patterson moved that HB 2099 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Patterson moved that HB 2099 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 7:30 a.m. Senator Nelson assumed presiding duties.
The chair laid out HB 2984 by Representative Hunter,relating
to the establishment of a pilot program regarding the care,
rehabilitation, and education of medically fragile children
and their families, and recognized the Senate sponsor, Senator
Zaffirini, to explain the bill.
The following person provided oral testimony in support of HB
2984:
Lory Moore Warton, municipal judge/board chair, The House
that Kerry Built, 311 Oak, Sweetwater, Texas 79556.
The Honorable Bob Hunter, Texas State Representative,
P.O. Box 2910, Austin, Texas 78768.
The following person registered as a resource witness on HB
2984, but did not testify:
Sharon Cohen, Childrens Health and Special Needs
Children, Texas Department of Health, 1100 W. 49th St.,
Austin, Texas 78756.
The following persons registered in support of HB 2984, but
did not testify:
Paula Lemaster, 2142 N. 3rd., Abilene, Texas 79603.
Tara Fowler, intake coordinator, The House that Kerry
Built, 3333 Edgemont Dr., Abilene, Texas 79605.
Carrie Vanderford, administrative assistant, The House
that Kerry Built, 751 Hickory, Abilene, Texas 79601.
Sophia Garza, 801 E. Alabama, lot # 1, Sweetwater, Texas
79556.
Don Faulkner, 4849 Annette, Abilene, Texas 79606.
Cynthia Baughn, The House that Kerry Built, 751 Hickory,
Abilene, Texas 79605.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2984, the
chair closed public testimony.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Zaffirini moved that HB 2984, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 8 "ayes," 0
"nays" and 3 "absent."
Senator Zaffirini moved that HB 2984 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 1868 by Representative Turner, relating
to certain exceptions to the definition of dentistry, and
recognized the Senate sponsor, Senator Zaffirini, to explain
the bill.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following person provided oral testimony in support of HB
1868:
Paul Colbert, Texas Dental Hygienist Association, 5006
Kinglet, Houston, Texas 77035.
The following person registered in support of HB 1868, but did
not testify:
Sally Hanners, director, Government Affairs, Texas Dental
Association, 1946 S. I-35, Austin, Texas 78703.
The following persons registered as resource witnesses on HB
1868, but did not testify:
Beverly Zinser, dentist, Texas Dental Association, 3737
Williams Dr., Georgetown, Texas 78628.
Douglas Beran, executive director, State Board of Dental
Examiners, 333 Guadalupe Tower III, Suite 800, Austin,
Texas 78711-3165.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 1868, the
chair closed public testimony.
Senator Zaffirini moved that HB 1868, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 8 "ayes,"
0 "nays" and 3 "absent."
Senator Zaffirini moved that HB 1868 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 7:40 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out HB 446 by Representative Maxey, relating to
the establishment of trusts for certain recipients of medical
assistance, and recognized the Senate sponsor, Senator
Moncrief, to explain the bill.
There being no witnesses registered or responding to the
chair's call for public testimony related to HB 446, the chair
closed public testimony.
Senator Moncrief moved that HB 446 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that HB 446 be certified for the local
and uncontested calendar. There being objection by Senator
Nixon, the motion failed.
The chair laid out HB 2472 by Representative Maxey, relating
to the reporting of certain injuries to the Texas Department
of Health, and recognized the Senate sponsor, Senator
Moncrief, to explain the bill.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following person provided oral testimony in support of HB
2472:
Larry Swift, Brain Injury Association of Texas, 1704
Parkside Lane, Austin, Texas 78745.
The following persons registered in support of HB 2472, but
did not testify:
Susan Schaffer, governmental affairs specialist, The Arc
of Texas, 1600 38th St., # 200, Austin, Texas 78731.
Hannah Swift, 1704 Parkside Lane, Austin, Texas 78745.
Bob Kafka, Institute for Disability Access, 1319 Lamar
Dr., # 101, Austin, Texas 78704.
The following person registered as a resource witness on HB
2472, but did not testify:
David Zane, director, Injury Prevention, Texas Department
of Health, 1100 W. 49th St., Austin, Texas 78756.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2472, the
chair closed public testimony.
Senator Moncrief moved that HB 2472, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 10 "ayes,"
0 "nays" and 1 "absent."
The chair laid out HB 2618 by Representative Naishtat,
relating to disciplinary proceedings and investigation of a
complaint against a social worker, and recognized the Senate
sponsor, Senator Moncrief, to explain the bill.
The following person provided oral testimony in support of HB
2618:
Leslie Hernandez, director, Government Affairs, National
Association of Social Workers for Texas, 810 W. 11th St.,
Austin, Texas 78701.
The following person registered as a resource witness on HB
2618, but did not testify:
Michael Doughty, executive director, Texas State Board of
Social Work Examiners, 1100 W. 49th St., Austin, Texas
78756-3183.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2618, the
chair closed public testimony.
Senator Moncrief moved that HB 2618 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that HB 2618 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2626 by Representative Delisi, relating
to the creation of a statewide preceptorship program in public
health settings, and recognized the Senate sponsor, Senator
Moncrief, to explain the bill.
The following person registered in support of HB 2626, but did
not testify:
Connie Barron, associate director, Legislative Affairs,
Texas Medical Association, 401 W. 15th St., Austin, Texas
78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2626, the
chair closed public testimony.
Senator Moncrief moved that HB 2626 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that HB 2626 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 7:55 a.m. Senator Nelson resumed presiding duties.
The chair laid out HB 2385 by Representative Delisi, relating
to the creation of the Health and Human Services Policy
Council, and recognized the Senate sponsor, Senator Zaffirini,
to explain the bill.
The following person provided oral testimony on HB 2385:
Dr. Michael McKinney, commissioner, Texas Health and
Human Services Commission, 4900 N. Lamar, Austin, Texas
78751.
The following person registered as a resource witness on HB
2385, but did not testify:
Laura Jordan, executive director, Center for Rural Health
Initiatives, 211 E. 7th St., # 915, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2385, the
chair closed public testimony.
Senator Zaffirini moved that HB 2385 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion failed by a vote of 5 "ayes," 2 "nays" and 4
"absent."
The chair laid out HB 2875 by Representative Greenberg,
relating to minimum training standards for an employee of a
regulated child-care facility, and recognized the Senate
sponsor, Senator Shapiro, to explain the bill.
The following person provided oral testimony on HB 2875:
Kingsbery Otto, attorney, Texas Department of Protective
and Regulatory Services, 701 W. 51st St., Austin, Texas
78714.
The following persons registered as resource witnesses on HB
2875, but did not testify:
Bill Carver, standards specialist, Texas Department of
Protective and Regulatory Services, 701 W. 51st St., E
550, Austin, Texas 78714.
Diana Spiser, director, Administration, Texas Department
of Protective and Regulatory Services, 701 W. 51st St.,
Austin, Texas 78761.
Jack Heeney, president, Texas Licensed Child Care
Association, 9433 Fredericksburg Rd., San Antonio, Texas
78240.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2875, the
chair closed public testimony.
Senator Madla moved that HB 2875 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Madla moved that HB 2875 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2386 by Representative Delisi, relating
to Medicaid reimbursement for certain medical consultations,
and recognized the Senate sponsor, Senator Duncan, to explain
the bill.
The following person registered as a resource witness on HB
2386, but did not testify:
Cindy Alexander, senior policy analyst, Office of the
Comptroller of Public Accounts, 111 E. 17th St.,
Austin, Texas 78711.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2386, the
chair closed public testimony.
Senator Nixon moved that HB 2386 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Nixon moved that HB 2386 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HCR 215 by Representative Delisi, directing
the Health and Human Services Commission to implement cost-
saving measures in the Medicaid prescription drug program, and
recognized Senator Madla to explain the resolution on behalf
of the Senate sponsor, Senator Ratliff.
The following person provided oral testimony on HCR 215:
Dr. Michael McKinney, commissioner, Texas Health and
Human Services Commission, 4900 N. Lamar, Austin, Texas
78751.
The following person registered as a resource witness on HCR
215, but did not testify:
Cindy Alexander, senior policy analyst, Office of the
Comptroller of Public Accounts, 111 E. 12th St., Austin,
Texas 78711.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HCR 215, the
chair closed public testimony.
Senator Madla sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that HCR 215, as amended, be reported to
the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 10 "ayes,"
0 "nays" and 1 "absent."
Senator Madla moved that HCR 215 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 942 by Representative Hilderbran,
relating to the AFDC and Medicaid benefits to children born to
AFDC recipients, and recognized the Senate sponsor, Senator
Nelson, to explain the bill.
The following person provided oral testimony in opposition to
HB 942:
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia Street, Austin, Texas 78702.
The following person registered as a resource witness on HB
942, but did not testify:
Sandra Hightower, program specialist, Texas Department of
Human Services, 1701 Alta Vista, Austin, Texas 78704.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 942, the chair
closed public testimony.
Senator Moncrief sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The chair left HB 942 pending temporarily.
At 8:30 a.m. Senator Nelson resumed presiding duties.
The chair laid out anew HB 2385 by Representative Delisi,
relating to the creation of the Health and Human Services
Policy Council, which was previously considered for reporting
to the Senate, and recognized Senator Nixon for a motion.
Senator Nixon moved to reconsider the vote by which HB 2385
failed to receive an affirmative vote. There being no
objection, the motion prevailed by unanimous consent.
Senator Zaffirini moved anew that HB 2385 be reported to the
Senate with the recommendation that it do pass and be printed.
The motion prevailed by a vote of 8 "ayes," 1 "nay" and 2
"absent."
At 8:40 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out anew HB 942, relating to the AFDC and
Medicaid benefits to children born to AFDC recipients, which
had been left pending, and recognized the Senate sponsor,
Senator Nelson.
Senator Nelson moved that HB 942, as amended, be reported to
the Senate with the recommendation that it do pass and be
printed. The motion failed by a vote of 4 "ayes," 3 "nays"
and 4 "absent."
By unanimous consent, upon a motion by Senator Nelson, the
chair recessed the Texas Senate Committee on Health and Human
Services at 8:40 a.m. until thirty minutes after the
adjournment of the Texas Senate.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 1:30 p.m.
The chair laid out HB 2481 by Representative Swinford,
relating to faith-based chemical dependency treatment programs
and counselors, and recognized the Senate sponsor, Senator
Sibley, to explain the bill.
The following person registered as a resource witness on HB
2481, but did not testify:
Don Willett, director, Research and Special Projects,
Governor's Policy Office, 4404 Trans Country Circle #1,
Austin, Texas 78735.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2481, the
chair closed public testimony.
Senator Nixon moved that HB 2481 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 9 "ayes," 0 "nays" and 2
"absent."
Senator Nixon moved that HB 2481 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2556 by Representative Kuempel, relating
to eligibility for state assistance under the Indigent Health
Care and Treatment Act for certain hospitals, and recognized
the Senate sponsor, Senator Wentworth, to explain the bill.
The following person provided oral testimony in support of HB
2556:
Don Richey, administrator, Guadalupe Valley Hospital,
1215 E. Court St., Seguin, Texas 78155.
The following person registered as a resource witness on HB
2556, but did not testify:
Bonnie Magers, program specialist III, Texas Department
of Health, 11805 Nene Dr., Austin, Texas 78750.
The following person registered in support of HB 2556, but
did not testify:
Jack Hamlett, city manager, City of Seguin, 205 N. Rivers
St., Seguin, Texas 78155.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2556, the
chair closed public testimony.
Senator Nelson moved that HB 2556 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 9 "ayes," 0 "nays" and 2
"absent."
The chair laid out HB 723 by Representative Dukes, relating to
informed consent before the performance of a hysterectomy, and
recognized the Senate sponsor, Senator Wentworth, to explain
the bill.
Senator Nelson sent up a committee substitute and the chair
recognized Senator Wentworth to explain the differences
between it and the bill.
The following person provided oral testimony in support of the
committee substitute for HB 723:
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
The following persons registered as resource witnesses on the
committee substitute for HB 723, but did not testify:
Julia Beechinor, division director, Health Facility
Licensing, Texas Department of Health, 1100 W. 49th St.,
Austin, Texas 78756.
Bruce Levy, M.D., executive director, Texas State Board
of Medical Examiners, 333 Guadalupe, Austin, Texas 78731.
The following person registered in support of the committee
substitute for HB 723, but did not testify:
Connie Barron, associate director, Legislative Affairs,
Texas Medical Association, 401 W. 15th St., Austin, Texas
78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to the committee
substitute for HB 723, the chair closed public testimony.
Senator Nelson moved that the committee substitute for HB 723
be adopted. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that HB 723 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 9 "ayes," 0
"nays" and 2 "absent."
Senator Nelson moved that CSHB 723 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 932 by Representative Maxey, relating to
the manner in which salaries are paid to certain employees of
the Texas School for the Deaf, and recognized the Senate
sponsor, Senator Barrientos, to explain the bill.
There being no witnesses registered or responding to the
chair's call for public testimony related to HB 932, the chair
closed public testimony.
Senator Nelson moved that HB 932 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 9 "ayes," 0 "nays" and 2
"absent."
Senator Nelson moved that HB 932 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2078 by Representative Naishtat,
relating to the disposition of a person's remains, and
recognized the Senate sponsor, Senator Barrientos, to explain
the bill.
The following person provided oral testimony in support of HB
2078:
John Lindell, 2405 Rollingwood Dr., Austin, Texas
78746-5757.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2078, the
chair closed public testimony.
Senator Nelson moved that HB 2078 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 9 "ayes," 0 "nays" and 2
"absent."
Senator Nelson moved that HB 2078 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2856 by Representative Hupp, relating to
the protection of women's health with respect to services
performed at an abortion facility and the right to access
certain information relating to abortion facilities, and
recognized the Senate sponsor, Senator Gallegos, to explain
the bill.
The following person provided oral testimony in support of HB
2856:
Peggy Romberg, executive director, Texas Family Planning
Association, P. O. Box 3868, Austin, Texas 78764.
The following person registered as a resource witness on HB
2856, but did not testify:
Bruce Levy, M.D., executive director, Texas State Board
of Medical Examiners, 333 Guadalupe, Austin, Texas 78701.
The following person registered in support of HB 2856, but did
not testify:
Rosemary D. Merriam, 800 West Lynn, Austin, Texas 78703.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 2856, the
chair closed public testimony.
Senator Gallegos moved that HB 2856 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Gallegos moved that HB 2856 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew HB 942, relating to the AFDC and
Medicaid benefits to children born to AFDC recipients, which
was previously considered for reporting to the Senate, and
recognized Senator Madla for a motion.
Senator Madla moved to reconsider the vote by which HB 942
failed to receive an affirmative vote. There being no
objection, the motion prevailed by unanimous consent.
Senator Nelson moved anew that HB 942, as amended, be reported
to the Senate with the recommendation that it do pass and be
printed. The motion prevailed by a vote of 6 "ayes,"
4 "nays" and 1 "absent."
The chair laid out anew HB 1596 by Representative Hochberg,
relating to unlicensed personal care facilities, which had
been left pending, and recognized the Senate sponsor, Senator
Moncrief.
The following person provided oral testimony on HB 1596:
Marc Gold, manager, Long Term Care Policy, Texas
Department of Human Services, 701 W. 51st St., Austin,
Texas 78714-9030.
The following person provided oral testimony in support of HB
1596:
Tim Austin, assistant city attorney, City of Houston, 507
Dallas, Houston, Texas 77002.
The following person registered in support of HB 1596, but did
not testify:
Scott Forbes, assistant director, City of Houston, 900
Bagby, Houston, Texas 77002.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 1596, the
chair closed public testimony.
Senator Moncrief moved that HB 1596 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that HB 1596 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HCR 156 by Representative Janek, directing
the Texas Department of Health to develop a comprehensive plan
to control the spread of Hepatitis A in Texas, and recognized
Senator Moncrief to explain the resolution on behalf of the
Senate sponsor, Senator West.
The following person registered as a resource witness on HCR
156, but did not testify:
Michael Kelley, bureau chief, Communicable Disease
Control, Texas Department of Health, 1100 W. 49th St.,
Austin, Texas 78756.
The following person registered in support of HCR 156, but did
not testify:
Jean Neal Jr., Smith Kline Beecham, 1237 Main,
Georgetown, Texas 78626.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HCR 156, the
chair closed public testimony.
Senator Moncrief moved that HCR 156 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that HCR 156 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2384 by Representative Delisi, relating
to the provision of charity care, indigent health care, and
other community benefits by certain nonprofit hospitals, and
recognized Senator Carona to explain the bill on behalf of the
Senate sponsor, Senator Fraser.
There being no witnesses registered or responding to the
chair's call for public testimony related to HB 2384, the
chair closed public testimony.
Senator Moncrief moved that HB 2384 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 10 "ayes," 0 "nays" and 1
"absent."
Senator Moncrief moved that HB 2384 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
By unanimous consent, upon a motion by Senator Galloway, the
chair recessed the Texas Senate Committee on Health and Human
Services at 3:30 p.m. until 8 a.m. Saturday, May 17, 1997.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 8 a.m. Saturday, May 17, 1997.
The chair laid out HB 3018 by Representative Allen, relating
to the commissioning of peace officers by the commissioner of
human services for purposes of fraud investigation and
control, and recognized the Senate sponsor, Senator Nelson, to
explain the bill.
The following person provided oral testimony on HB 3018:
Gordon Hardy, director, Electronic Benefit Transfer
Trafficking, Texas Department of Human Services, 701 W.
51st St., Austin, Texas 78714.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 3018, the
chair closed public testimony.
The chair left HB 3018 pending temporarily.
The chair laid out HB 1784 by Representative Hilderbran,
relating to the amount of assistance granted under the
financial assistance program for persons with dependent
children, and recognized the Senate sponsor, Senator Duncan,
to explain the bill.
The following person provided oral testimony on HB 1784:
Luis Macias, welfare reform coordinator, Texas Workforce
Commission, 101 E. 15th St., Austin, Texas 78778.
The following person registered as a resource witness on HB
1784, but did not testify:
Judy Denton, supervisor, Eligibility Policy, Texas
Department of Human Services, 701 W. 51st St., Austin,
Texas 78714-9030.
The following person registered in opposition to HB 1784, but
did not testify:
Patrick Bresette, associate director, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 1784, the
chair closed public testimony.
The chair left HB 1784 pending at the request of Senators West
and Moncrief.
The chair laid out anew HB 3018 by Representative Allen,
relating to the commissioning of peace officers by the
commissioner of human services for purposes of fraud
investigation and control, which had been left pending, and
recognized the Senate sponsor, Senator Nelson.
Senator Nelson moved that HB 3018 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 "ayes," 2 "nays" and 1
"absent."
Senator Nelson moved that HB 3018 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 8:20 a.m. Senator Nelson assumed presiding duties.
The chair laid out HB 3075 by Representative Berlanga,
relating to the possession of dangerous drugs by a home and
community support services agency, and recognized the Senate
sponsor, Senator Zaffirini, to explain the bill.
The following person provided oral testimony on HB 3075:
Heather Vasek, research and policy specialist, Texas
Association for Home Care, 3737 Executive Center Dr., #
151, Austin, Texas 78731.
The following persons registered in support of HB 3075, but
did not testify:
Alfred Gilchrist, legislative director, Texas Medical
Association, 401 W. 15th St., Austin, Texas 78701.
Karen Kenney Reagan, Texas Pharmacy Association, P.O. Box
14709, Austin, Texas 78761.
Brad Shields, Texas Society of Health System Pharmacists,
1300 Guadalupe, # 200, Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 3075, the
chair closed public testimony.
Senator Zaffirini moved that HB 3075 be reported to the
Senate with the recommendation that it do pass and be printed.
The motion prevailed by a vote of 11 "ayes" and 0 "nays."
Senator Zaffirini moved that HB 3075 be certified for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 3054 by Representative Berlanga,
relating to the creation of an immunization registry and to
reporting requirements concerning immunizations; providing a
criminal penalty, and recognized the Senate sponsor, Senator
Zaffirini, to explain the bill.
The following persons provided oral testimony in opposition to
HB 3054:
Rebecca Rex, 7927 Midland Forest, Houston, Texas 77088.
Dawn Richardson, 913 Forest Trail, Cedar Park, Texas
78613.
The following person provided oral testimony on HB 3054:
Robert Crider Jr., Immunization Division, Texas
Department of Health, 1100 W. 49th St., Austin, Texas
78756.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 3054, the
chair closed public testimony.
Senator Zaffirini moved that HB 3054 be reported to the
Senate with the recommendation that it do pass and be printed.
The motion prevailed by a vote of 11 "ayes" and 0 "nays."
The chair laid out HB 2913 by Representative Berlanga,
relating to the authority of the Health and Human Services
Commission to administer and operate the Medicaid managed care
program, and recognized the Senate sponsor, Senator Zaffirini,
to explain the bill.
Senator Zaffirini sent up a committee substitute and explained
the differences between it and the bill.
Senator Zaffirini moved that the committee substitute be
adopted. There being no objection, the motion prevailed by
unanimous consent.
The following persons provided oral testimony on CSHB 2913:
Jim Donovan, president/chief executive officer, Americaid
Community Care, 617 Seventh Ave., Fort Worth, Texas
76012.
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
The following persons registered as resource witnesses on CSHB
2913, but did not testify:
Don Gilbert, commissioner, Texas Department of Health and
Mental Retardation, 3215 Exposition, Austin, Texas 78705.
Patti Patterson, M.D., commissioner, Texas Department of
Health, 1100 W. 49th St., Austin, Texas 78756.
King Hillier, government relations, Texas Association of
Public and Non-Profit Hospitals, 1122 Colorado, # 1307,
Austin, Texas 78705.
Dr. Michael McKinney, commissioner, Texas Health and
Human Services Commission, 4900 N. Lamar, Austin, Texas
78751.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
The following persons registered in support of CSHB 2913, but
did not testify:
Ed Berger, Seton Healthcare Network, including
Brackenridge Hospital, 1201 W. 38th St., Austin, Texas
78705.
Joe DaSilva, senior vice president, Texas Hospital
Association, P.O. Box 15587, Austin, Texas 78761.
Michael White, Greater Houston Partnership, P.O. Box
1667, Austin, Texas 78767.
The chair left public testimony open and CSHB 2913 pending
temporarily.
By unanimous consent, upon a motion by Senator Nelson, the
chair recessed the Texas Senate Committee on Health and Human
Services at 8:45 a.m. until thirty minutes after the
adjournment of the Texas Senate in committee hearing room
E1.016.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 11:35 a.m. in committee hearing room E1.016.
At 11:35 a.m. p.m. Senator Nelson assumed presiding duties.
The chair laid out HB 119 by Representative Hirschi, relating
to disclosure of ingredients in cigarettes and tobacco
products, and recognized the Senate sponsor, Senator
Zaffirini, to explain the bill.
Senator Zaffirini sent up committee amendment 1 and moved its
adoption. There being no objection, the motion prevailed by
unanimous consent.
The following person provided oral testimony on HB 119, but
did not testify:
Harry Potter, special assistant attorney general,
Attorney General's Office, P.O. Box 12548, Austin, Texas
78711.
The following person registered as resource witnesses on HB
119, but did not testify:
Sharon Kohout, director, Office of Tobacco Prevention and
Control, Texas Department of Health, 1100 W. 49th St.,
Austin, Texas 78756.
The following persons registered in support of HB 119, but did
not testify:
Cindy Antolik, director, Governmental Relations, American
Cancer Society, P.O. Box 149054, Austin, Texas 78714.
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
Alfred Gilchrist, legislative director, Texas Medical
Association, 401 W. 15th St., Austin, Texas 78701.
Troy Alexander, director, Public Affairs, Texas Academy
of Family Physicians, 2710 Walsh Tarlton, Austin, Texas
78746.
David Reynolds, associate director, Public Affairs,
American Heart Association, Texas Affiliate, P.O. Box
15186, Austin, Texas 78761.
April Osborg, executive director, Tobacco Education
Project, 919 Congress, Suite 750, Austin, Texas 78701.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78702.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 119, the chair
closed public testimony.
The chair left HB 119 pending temporarily.
The chair laid out anew CSHB 2913 by Representative Berlanga,
relating to the authority of the Health and Human Services
Commission to administer and operate the Medicaid managed care
program, which had been left pending, and recognized the
Senate sponsor, Senator Zaffirini.
There being no witnesses registered or responding to the
chair's call for public testimony related to CSHB 2913, the
chair closed public testimony.
The chair left CSHB 2913 pending temporarily.
At 11:55 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out HB 3428 by Representative Naishtat,
relating to financial assistance and related services for
victims of family violence, and recognized the Senate sponsor,
Senator Moncrief, to explain the bill.
The following persons registered in support of HB 3428, but
did not testify:
Pat Cole, Texas Council on Family Violence, 8701 N.
Mopac, Suite 450, Austin, Texas 78759.
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, 900 Lydia St., Austin, Texas 78704.
Lisa McGiffert, board member, Texas Council on Family
Violence, 3000 S. 4th St., Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony related to HB 3428, the
chair closed public testimony.
The chair left HB 3428 pending temporarily.
The chair laid out HCR 151 by Representative Naishtat,
directing TDHS to take steps to expand community options for
long-term care, and recognized the Senate sponsor, Senator
Carona, to explain the resolution.
There being no witnesses registered or responding to the
chair's call for public testimony related to HCR 151, the
chair closed public testimony.
The chair left HCR 151 pending temporarily.
The chair announced that the Texas Senate Committee on Health
and Human Services would stand "at ease" until 12:45 p.m., at
which time the committee members would take a vote on pending
bills.
The chair reconvened the Texas Senate Committee on Health and
Human Services at 12:45 p.m.
At 12:45 p.m. Senator Nelson resumed presiding duties.
The chair laid out anew HB 119 by Representative Hirschi,
relating to disclosure of ingredients in cigarettes and
tobacco products, which had been left pending, and recognized
the Senate sponsor, Senator Zaffirini.
Senator Zaffirini moved to withdraw the motion by which
committee amendment 1 was adopted. There being no objection,
the motion prevailed by unanimous consent.
Senator Zaffirini moved that HB 119 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 7 "ayes," 3 "nays" and 1
"absent."
The chair laid out anew CSHB 2913 by Representative Berlanga,
relating to the authority of the Health and Human Services
Commission to administer and operate the Medicaid managed care
program, which had been left pending, and recognized the
Senate sponsor, Senator Zaffirini.
Senator Zaffirini moved that HB 2913 be reported to the
Senate with the recommendation that it do not pass but that
the committee substitute adopted in lieu thereof do pass and
be printed. The motion prevailed by a vote of 11 "ayes" and
0 "nays."
At 1 p.m. Senator Zaffirini resumed presiding duties.
The chair laid out anew HB 3428 by Representative Naishtat,
relating to financial assistance and related services for
victims of family violence, which had been left pending, and
recognized the Senate sponsor, Senator Moncrief.
Senator Moncrief moved that HB 3428 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 11 "ayes" and 0 "nays."
The chair laid out anew HCR 151 by Representative Naishtat,
directing TDHS to take steps to expand community options for
long-term care, which had been left pending, and recognized the
Senate sponsor, Senator Carona.
Senator Carona moved that HCR 151 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 11 "ayes" and 0 "nays."
Senator Carona moved that HCR 151 be certified for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
With no other business to come before the committee, the chair
adjourned the Texas Senate Committee on Health and Human
Services at 1:20 p.m.
___________________________
Senator Judith Zaffirini, Chair
___________________________
Pam Crowley, Committee Clerk