MINUTES SENATE COMMITTEE ON HUMAN SERVICES Wed., April 7, 1999 8:30 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on Human Services was held on Wed., April 7, 1999, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Judith Zaffirini, Chair Senator Chris Harris Senator John Carona, Vice Chair Senator David Bernsen Senator Mario Gallegos, Jr. ***** The chair called the meeting to order at 8:30 a.m. There being a quorum present, the following business was transacted. The chair laid out the March 31, 1999, minutes and called for revisions. There being none, Senator Carona moved their approval. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1049 by Senator Moncrief, relating to venue for certain judicial actions involving intermediate care facilities for the mentally retarded, and recognized the author to explain the bill. The following persons registered as resource witnesses and provided oral testimony on SB 1049: Paul Carmona, division chief, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78741. Debra Green, assistant general counsel, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78751. There being no other persons registered or responding to the chair's call for public testimony relating to SB 1049, the chair closed public testimony. Senator Gallegos moved that SB 1049 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 4 "ayes," 0 "nays" and 1 "absent." Senator Gallegos moved that SB 1049 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out anew SB 1423 by Senator West, relating to providing supplemental financial assistance and services to certain grandparents, which had been left pending, and recognized Senator West. Senator Bernsen sent up a committee substitute and Senator West explained the differences between it and the bill as filed. Senator Bernsen moved that the committee substitute for SB 1423 be adopted. There being no objection, the motion prevailed by unanimous consent. Senator Bernsen moved that SB 1423 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 4 "ayes," 0 "nays" and 1 "absent." At 8:40 a.m. Senator Carona assumed presiding duties. The chair laid out SB 967 by Senator Zaffirini, relating to creating a registry for acts of misconduct of certain employees of facilities licensed by the Texas Department of Human Services, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 967 and explained the differences between it and the bill as filed. Senator Zaffirini moved that the committee substitute for SB 967 be adopted. There being no objection, the motion prevailed by unanimous consent. The following persons registered as resource witnesses and provided oral testimony on the committee substitute for SB 967: Renee Clack, director of credentialing, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714. Amy Harper, assistant director, credentialing department, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714. The following persons registered in support of the committee substitute for SB 967, but did not testify: Susan Baumbach, director of community and government relations, Texas Health Care Association, 4214 Medical Parkway, #300, Austin, Texas 78765. Terry Childress, associate director, Private Providers Association of Texas, 8711 Burnet Road, #A-19, Austin, Texas 78757. Paul Fairbrother, executive director, Adult Day Care Association of Texas, P.O. Box 26310, Austin, Texas 78755. There being no other persons registered or responding to the chair's call for public testimony relating to the committee substitute for SB 967, the chair closed public testimony. Senator Zaffirini moved that SB 967 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 4 "ayes," 0 "nays" and 1 "absent." Senator Zaffirini moved that the committee substitute for SB 967 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chair laid out SB 1095 by Senator Zaffirini, relating to nutritional assistance for certain legal immigrants, and recognized the author to explain the bill. The following person registered as a resource witness on SB 1095, but did not testify: Boyd Graves, policy unit supervisor, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78759. The following person provided oral and written testimony in support of SB 1095: Celia Hagert, policy analyst, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78704. The following persons provided oral testimony in support of SB 1095: Maria Luisa Bautista, 70 Julius, Austin, Texas 78702. Bill Beardall, president, Texas Appleseed Advocacy Fund, 512 East Riverside Drive, Suite 107, Austin, Texas 78704. Delfina Vargas, coordinator, United Network for Immigrant & Refugee Rights, 1715 East 6th Street, Suite 206, Austin, Texas 78702. The following persons registered in support of SB 1095, but did not testify: Teresa Aguirre, legislative assistant, Texas Association of Homes and Services for the Aging, 2205 Hancock, Austin, Texas 78756. Richard Daly, executive director, Texas Catholic Conference, 1101 St. Edwards Drive, Austin, Texas 78704. Karen Miller, legislative chair, Texas Congress Parents & Teachers, 5314 West Minister, Houston, Texas 77069. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1095, the chair closed public testimony. Senator Zaffirini asked unanimous consent to show Senator Gallegos voting "aye" on SB 1095. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1095 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 4 "ayes," 0 "nays" and 1 "absent." The chair laid out SB 1585 by Senator Zaffirini, relating to the use of competitive bidding for certain functions and components of the Medicaid vendor drug program, and recognized the author to explain the bill. Senator Zaffirini sent up a committee substitute for SB 1585 and explained the differences between it and the bill as filed. Senator Zaffirini moved that the committee substitute for SB 1585 be adopted. There being no objection, the motion prevailed by unanimous consent. The following person registered as a resource witness and provided oral testimony on the committee substitute for SB 1585: Cindy Alexander, policy analyst, Comptroller of Public Accounts, 111 East 17th Street, Austin, Texas 78703. The following persons registered as resource witnesses on the committee substitute for SB 1585: David Freeland, director of information systems, Texas Department of Human Services, P.O. Box 149030, C-733, Austin, Texas 78714. Don Gilbert, commissioner, Texas Health and Human Services Commission, 4900 North Lamar, Austin, Texas 78752. Patricia C. Gladden, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Kathy Griffis-Bailey, program specialist, Chronically Ill and Disabled Children's Services, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. The following person provided oral testimony on the committee substitute for SB 1585: David Gonzales, government affairs, Legend Pharmacies, S.W., 1800 Guadalupe, Austin, Texas 78701. The following person registered in support of the committee substitute for SB 1585, but did not testify: Karen Reagan, senior director of policy affairs, Texas Pharmacy Association, P.O. Box 14709, Austin, Texas 78761-4709. There being no other persons registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1585, the chair closed public testimony. Senator Zaffirini asked unanimous consent to show Senator Gallegos voting "aye" on the committee substitute for SB 1585. There being no objection, the motion prevailed by unanimous consent. Senator Zaffirini moved that SB 1585 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 4 "ayes," 0 "nays" and 1 "absent." Senator Zaffirini moved that the committee substitute for SB 1585 be recommended for the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 9:21 a.m. Senator Zaffirini resumed presiding duties. The chair announced that the Staff Working Group for SB 374 by Zaffirini, relating to the creation of and transfer of certain programs to a long-term care agency on human services, aging, health and rehabilitation and the transfer of certain functions from the Department on Aging to the Independent Aging Policy Council, would meet on Friday, April 9, at 3 p.m. and on Monday, April 12, at 2 p.m. The chair invited interested parties to attend. With no other business to come before the committee and upon a motion by Senator Carona, the chair recessed the committee by unanimous consent at 9:22 a.m., subject to the call of the chair. ________________________________________ Judith Zaffirini, Chair ________________________________________ Scott Caffey, Committee Clerk