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MINUTES

 

SENATE COMMITTEE ON HEALTH & HUMAN SERVICES

Tuesday, April 10, 2007

11:00 a.m. or upon adjournment

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 10, 2007, in the Senate Chamber at Austin, Texas.

 

*****

 

MEMBERS PRESENT:                                                      MEMBERS ABSENT:

Senator Jane Nelson                                                               

Senator Bob Deuell

Senator Kyle Janek

Senator Robert Nichols

Senator Dan Patrick

Senator Eliot Shapleigh

Senator Carlos Uresti

Senator Royce West

Senator Judith Zaffirini

 

*****

 

The Chair called the meeting to order at 1:08 p.m.  The following business was transacted:

 

The Chair laid out Senate Bill 110 and recognized the author, 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 committee substitute and the bill as filed. 

 

The Chair laid out House Bill 1098 by Representative Bonnen, and recognized its sponsor, Senator Hegar, to explain the bill as engrossed. 

 

Senator Deuell sent up a committee substitute; the Chair recognized Senator Hegar to explain the difference between the committee substitute and the bill as engrossed. 

 

At 1:51 p.m., a quorum was established.

 

The Chair opened the floor to public testimony on both Senate Bill 110 and House Bill 1098.  Witnesses testifying and registering on the bills are shown on the attached list.  

 

With no further witnesses wishing to testify, the Chair closed public testimony on both Senate Bill 110 and House Bill 1098.

 

Senate Bill 110 was left pending.

 

House Bill 1098 was left pending.

 

At 2:58 p.m., Senator Shapleigh assumed the Chair.

 

The Chair laid out House Bill 1379 by Representative Deshotel and recognized its sponsor, Senator Nelson, to explain the bill as engrossed. 

 

Senator Uresti sent up Committee Amendment 1 by Senator Nelson.  The Chair recognized Senator Nelson to explain the amendment. 

 

Senator Nelson sent up Committee Amendment 2.  The Chair recognized Senator Nelson to explain the amendment. 

 

The Chair opened the floor to public testimony.  Witnesses testifying and registering on the bill are shown on the attached list.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

House Bill 1379 was left pending.

 

At 3:16 p.m., Senator Nelson resumed the Chair.

 

At 3:17 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out Senate Bill 1186 and recognized the author, 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.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 1186 was left pending.

 

At 3:25 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out Senate Bill 556 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.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 556 was left pending.

 

The Chair laid out Senate Bill 1090 and recognized the author, Senator Duncan, to explain the bill. 

 

Senator Shapleigh sent up a committee substitute; the Chair recognized Senator Duncan 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.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senator West moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator West moved that SB 1090 do not pass but that CSSB 1090 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, 1 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 1090 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Nichols, Uresti and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out Senate Bill 776 and recognized the author, Senator Jackson, 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.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 776 was left pending.

 

The Chair laid out Senate Bill 696 and recognized the author, Senator Harris, 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.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senator Deuell moved that SB 696 be reported favorably 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 absent and 0 present not voting. 

 

Senator Deuell requested that SB 696 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Nichols, Uresti, West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 556, which had been previously left pending.

 

Senator Deuell moved that SB 556 be reported favorably 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 absent and 0 present not voting. 

 

Senator Nelson requested that SB 556 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Nichols, Uresti, West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out Senate Bill 1033 and recognized Senator Shapleigh on behalf of the author, Senator Uresti, to explain the bill. 

 

Senator Shapleigh sent up a committee substitute; the Chair recognized Senator Shapleigh 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.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Janek moved that SB 1033 do not pass but that CSSB 1033 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 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 1033 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Deuell, Nichols, West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out Senate Bill 1096 and recognized the author, Senator Janek, 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.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 1096 was left pending.

 

Senator Zaffirini announced her request for unanimous consent to be shown voting aye on CSSB 1033 and CSSB 1090; without objection, it was so ordered.

 

Senator West announced his request for unanimous consent to be shown voting aye on SB 696, SB 556 and CSSB 1033; without objection, it was so ordered.

 

Senator Deuell announced his request for unanimous consent to be shown voting aye on CSSB 1033; without objection, it was so ordered.

 

Senator Uresti announced his request for unanimous consent to be shown voting aye on CSSB 1090, SB 696 and SB 556; without objection, it was so ordered.

 

Senator Zaffirini announced her request for unanimous consent to be shown voting aye on SB 556 and SB 696; without objection, it was so ordered.

 

The Chair laid out SB 776, which had been previously left pending.

 

Senator Deuell moved that SB 776 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, 1 absent and 0 present not voting. 

 

Senator Nelson requested that SB 776 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

At 5:00 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out SB 1186, which had been previously left pending.

 

Senator Nelson moved that SB 1186 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, 1 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 1186 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

At 5:01 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out SB 110, which had been previously left pending.

 

Senator Shapleigh sent up Committee Amendment 1 and explained the amendment. 

 

Senator Nelson moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Shapleigh sent up Committee Amendment 2 and explained the amendment. 

 

Senator Nelson moved adoption of Committee Amendment 2; without objection, the amendment was adopted. 

 

Senator Shapleigh requested unanimous consent to incorporate the amendments into a committee substitute; without objection, it was so ordered.  Senator Shapleigh moved adoption of the new committee substitute; without objection, it was so ordered.

 

Senator Shapleigh moved that SB 110 do not pass but that CSSB 110 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 absent and 0 present not voting. 

 

Senator Patrick requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out HB 1098, which had been previously left pending.

 

Senator Shapleigh sent up Committee Amendment 1 and explained the amendment. 

 

Senator Nelson moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Nelson requested unanimous consent to incorporate the amendment into a committee substitute; without objection, it was so ordered.  Senator Shapleigh moved adoption of the new committee substitute; without objection, it was so ordered.

 

Senator Shapleigh moved that HB 1098 do not pass but that CSHB 1098 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 absent and 0 present not voting. 

 

At 5:07 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out HB 1379, which had been previously left pending.

 

The Chair recognized Senator Nelson on Committee Amendment 1 which had been previously laid out.  Senator Nelson moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

The Chair recognized Senator Nelson on Committee Amendment 2 which had been previously laid out.  Senator Nelson moved adoption of Committee Amendment 2; without objection, the amendment was adopted. 

 

Senator Nelson requested unanimous consent to incorporate the amendments into a committee substitute and that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Nelson moved that HB 1379 do not pass but that CSHB 1379 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, 1 absent and 0 present not voting. 

 

Senator Nelson requested that CSHB 1379 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

At 5:10 p.m., Senator Nelson resumed the Chair.

 

At 5:11 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out SB 21, which had been previously left pending.

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Nelson moved that SB 21 do not pass but that CSSB 21 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 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 21 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

The Chair laid out CSSB 29, which had been previously left pending.

 

Senator Nelson moved to reconsider the vote by which the committee substitute to SB 29 was adopted; without objection, it was so ordered.

 

Senator Nelson sent up a new committee substitute; the Chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. 

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Nelson moved that SB 29 do not pass but that CSSB 29 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 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 29 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out CSSB 31, which had been previously left pending.

 

Senator Nelson moved that SB 31 do not pass but that CSSB 31 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 absent and 0 present not voting. 

 

 

Senator Nelson requested that CSSB 31 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

At 5:16 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out CSSB 156, which had been previously left pending.

 

Senator West moved that SB 156 do not pass but that CSSB 156 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 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 156 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 419, which had been previously left pending.

 

Senator Lucio withdrew the committee substitute which had been previously considered.

 

Senator Nelson sent up a new committee substitute; the Chair recognized Senator Lucio to explain the difference between the committee substitute and the bill as filed. 

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Shapleigh moved that SB 419 do not pass but that CSSB 419 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 absent and 0 present not voting. 

 

Senator Shapleigh requested that CSSB 419 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out CSSB 448, which had been previously left pending.

 

Senator Uresti moved that SB 448 do not pass but that CSSB 448 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, 1 nays, 1 absent and 0 present not voting. 

 

At 5:21 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out SB 758, which had been previously left pending.

 

Senator Nelson moved that SB 758 do not pass but that CSSB 758 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, 1 absent and 0 present not voting. 

 

At 5:22 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out SB 805, which had been previously left pending.

 

Senator Uresti withdrew the committee substitute which had been previously considered.

 

Senator Uresti sent up a new committee substitute; the Chair recognized Senator Uresti to explain the difference between the committee substitute and the bill as filed. 

 

Senator Uresti moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Janek moved that SB 805 do not pass but that CSSB 805 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 absent and 1 present not voting. 

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 1042, which had been previously left pending.

 

Senator West moved that SB 1042 be reported favorably 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 absent and 0 present not voting. 

 

Senator West requested that SB 1042 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

At 5:26 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out CSSB 1696, which had been previously left pending.

 

Senator Nelson moved that SB 1696 do not pass but that CSSB 1696 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 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 1696 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

At 5:28 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out SB 1096, which had been previously left pending.

 

Senator Janek moved that SB 1096 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 4 nays, 0 absent and 0 present not voting. 

 

Senator Zaffirini requested unanimous consent to be shown voting nay; without objection, it was so ordered.

 

Senator Nichols requested unanimous consent to be shown voting aye on CSSB 1090, SB 696, SB 556 and CSSB 1033; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye on CSSB 29, CSSB 31, CSSB 156, CSSB 419, CSSB 805, SB 1042 and CSSB 1696; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting nay on SB 1096; without objection, it was so ordered.

 

Senator Patrick announced his request for unanimous consent to be shown voting aye on CSSB 110; without objection, it was so ordered.

 

There being no further business, at 5:31 p.m. the Chair announced that the Committee would stand recessed subject to the call of the Chair. 

 

 

 

 

 

 

_____________________________

Senator Jane Nelson, Chair

 

 

 

_____________________________

Tiffany Arrington, Clerk