MINUTES
SENATE COMMITTEE ON HUMAN SERVICES
Friday, May 14, 1999
7 a.m.
Senate Chamber
*****
Pursuant to a notice posted for a public hearing on Wednesday,
May 12, 1999, and a motion made in the Texas Senate by Senator
Zaffirini to suspend the Senate posting rule to add various
bills to the agenda in accordance with Senate Rule 11.11, a
public hearing of the Senate Committee on Human Services was
held on Friday, May 14, 1999, in the Senate Chamber at Austin,
Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Judith Zaffirini, Chair
Senator John Carona, Vice Chair
Senator David Bernsen
Senator Mario Gallegos, Jr.
Senator Chris Harris
*****
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 the May 13, 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 HB 937 by Representative Maxey, relating to
the operation of certain food programs administered by the
Texas Department of Human Services, and recognized the Senate
sponsor, Senator Ellis, to explain the bill.
The following person registered as a resource witness on HB
937, but did not testify:
Sally Foshko, Texas Department of Human Services, P.O.
Box 149030, Austin, Texas 78714-9030.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 937, the
chair closed public testimony.
The chair left HB 937 pending temporarily, at the request of
the Senate sponsor.
The chair laid out HB 3340 by Representative Naishtat,
relating to a rental housing pilot project to expand long-term
care housing options for elderly residents of this state with
low, very low, or extremely low income, and recognized the
Senate sponsor, Senator Lucio, to explain the bill.
The following person registered as a resource witness and
provided oral testimony on HB 3340:
Marc Gold, Texas Department of Human Services, 701 West
51st Street, Austin, Texas 78714.
The following person registered as a resource witness on HB
3340, but did not testify:
Scott Hendrix, analyst, Texas Comptroller of Public
Accounts, 111 East 17th Street, Austin, Texas 78701.
The following person registered in support of HB 3340, but did
not testify:
Teresa Aguirre, legislative assistant, Texas Association
of Homes and Services for the Aging,
2205 Hancock Drive, Austin, Texas 78756.
There being no other witnesses registered or responding to the
chair's call for public testimony relating
to HB 3340, the chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 3340. There being no objection, the motion
prevailed by unanimous consent.
Senator Carona moved that HB 3340 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
Senator Carona moved that HB 3340 be recommended for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out anew HB 937 by Representative Maxey,
relating to the operation of certain food programs
administered by the Texas Department of Human Services, which
had been left pending, and recognized the Senate sponsor,
Senator Ellis.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 937. There being no objection, the motion
prevailed by unanimous consent.
Senator Harris moved that HB 937 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
Senator Harris moved that HB 937 be recommended for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 7:14 a.m. Senator Carona assumed presiding duties.
The chair laid out HB 160 by Representative Wise, relating to
the regulation of certain sales or solicitation made by
children; providing a penalty, and recognized the Senate
sponsor, Senator Zaffirini, to explain the bill.
There being no witnesses registered or responding to the
chair's call for public testimony relating to HB 160, thc
chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 160. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 160 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
Senator Zaffirini moved that HB 160 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 820 by Representative Naishtat, relating
to review of certain children's continued eligibility for
medical assistance, and recognized the Senate sponsor, Senator
Zaffirini, to explain the bill.
The following person registered as a resource witness on HB
820, but did not testify:
Judy Denton, director of eligibility services, Texas
Department of Human Services, 701 West 51st Street,
Austin, Texas 78714-9030.
The following persons provided oral testimony in support of HB
820:
Anne Dunkelberg, senior policy analyst, Center for Public
Policy Priorities, Austin, Texas 78702.
Lisa McGiffert, senior policy analyst, Consumers Union,
1300 Guadalupe, Suite 100, Austin, Texas 78701.
The following person registered in support of HB 820, but did
not testify:
Susan Murphree, program specialist, Advocacy, Inc., 7800
Shoal Creek Blvd., #171 E, Austin, Texas 78757.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 820, the
chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 820. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 820 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
The chair laid out HB 1151 by Representative McCall, relating
to the continuation and functions of the Office for the
Prevention of Developmental Disabilities, and recognized the
Senate sponsor, Senator Zaffirini, to explain the bill.
The following persons registered as resource witnesses on HB
1151, but did not testify:
Larry Camp, executive director, Texas Office for
Prevention of Developmental Disabilities, 4900 North
Lamar, Austin, Texas 78711.
Ilan Levin, policy analyst, Sunset Advisory Commission,
Capitol Extension, Room E2.002,
Austin, Texas 78701.
Penny Steele, director, governmental affairs, Texas
Department of Mental Health and Mental Retardation, 909
West 45th Street, Austin, Texas 78731.
Lesa R. Walker, director, systems development, Texas
Department of Health, 1100 West 49th Street, Austin,
Texas 78756-3179.
There being no other persons registered or responding to the
chair's call for public testimony relating to HB 1151, the
chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 1151. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 1151 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
The chair laid out HB 1586 by Representative Naishtat,
relating to the coverage by long-term care insurance policies
of the parents of an insured or the parents of the spouse of
an insured, and recognized the Senate sponsor, Senator
Zaffirini, to explain the bill.
The following person registered as a resource witness on HB
1586, but did not testify:
Kim Stokes, Texas Department of Insurance, Austin, Texas.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 1586, the
chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on the HB 1586. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 1586 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
Senator Zaffirini moved that HB 1586 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 2795 by Representative Naishtat,
relating to notice and hearing for the appointment of a
guardian for incapacitated persons, and recognized the Senate
sponsor, Senator Zaffirini, to explain the bill.
The following persons registered as resource witnesses on HB
2795, but did not testify:
Bettye M. Mitchell, director of adult protective
services, Texas Department of Protective and Regulatory
Services, 701 West 51st Street, Austin, Texas 78752.
Jean Wallace, attorney, Texas Department of Protective
and Regulatory Services, 701 West 51st Street, Austin,
Texas 78751.
The following person registered in support of HB 2795, but did
not testify:
Judge Guy Herman, presiding judge, Travis County Probate
Court Number 1, P.O. Box 1748, Room 217, Austin, Texas
78767.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 2795, the
chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 2795. There being no objection, the motion
prevailed by unanimous consent.
Senator Zaffirini moved that HB 2795 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
Senator Zaffirini moved that HB 2795 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
At 7:29 a.m. Senator Zaffirini resumed presiding duties.
The chair laid out HB 3450 by Representative Hilderbran,
relating to the collection of civil penalties assessed against
a convalescent or nursing home or related institution, and
recognized Senator Bernsen to explain the bill on behalf of
the Senate sponsor, Senator Moncrief.
The following person registered as a resource witness and
provided oral testimony on HB 3450:
Paul Carmona, division chief, Office of the Attorney
General, 300 West 15th Street, Austin, Texas 78701.
The following person registered in support of HB 3450, but did
not testify:
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 East Anderson
Lane, #234W, Austin, Texas 78752.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 3450, the
chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 3450. There being no objection, the motion
prevailed by unanimous consent.
Senator Bernsen moved that HB 3450 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5 "ayes" and 0 "nays."
Senator Bernsen moved that HB 3450 be recommended for the
local and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 3451 by Representative Hilderbran,
relating to arbitration to resolve certain matters relating to
nursing homes and related institutions, and recognized the
Senate sponsor, Senator Moncrief, to explain the bill.
The following person registered as a resource witness on HB
3451, but did not testify:
Paul D. Carmona, division chief, Office of the Attorney
General, 300 West 15st Street, Austin, Texas 78701.
The following person registered in support of HB 3451, but did
not testify:
Beth Ferris, president, Texas Advocates for Nursing Home
Residents, 500 East Anderson Lane,
#234W, Austin, Texas 78752.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 3451, the
chair closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting
"aye" on HB 3451. There being no objection, the motion
prevailed by unanimous consent.
Senator Bernsen moved that HB 3451 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by 5 "ayes" and 0 "nays."
Senator Harris moved that HB 3451 be recommended for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
The chair laid out HB 3452 by Representative Hilderbran,
relating to binding arbitration to resolve certain disputes
involving certain residential and custodial facilities
licensed by the Texas Department of Human Services, and
recognized the Senate sponsor, Senator Moncrief, to explain
the bill.
The following person registered as a resource witness on HB
3452, but did not testify:
Paul Carmona, division chief, Office of the Attorney
General, 300 West 15th Street,
Austin, Texas 78701.
There being no other witnesses registered or responding to the
chair's call for public testimony relating to HB 3452, the
chair closed public testimony.
Senator Harris asked unanimous consent to be shown voting
"aye" on HB 3452. There being no objection, the motion
prevailed by unanimous consent.
Senator Carona moved that HB 3452 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 5"ayes" and 0 "nays."
Senator Carona moved that HB 3452 be recommended for the local
and uncontested calendar. There being no objection, the
motion prevailed by unanimous consent.
There being no other business to come before the committee and
upon a motion by Senator Carona, the chair recessed the
committee by unanimous consent at 7:41 a.m., subject to the
call of the chair.
___________________________________________
Judith Zaffirini, Chair
___________________________________________
Scott Caffey, Committee Clerk