MINUTES
SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES
Thursday, March 29, 2001
9 a.m.
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Health and
Human Services was held on Thursday, March 29, 2001, in the
Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief, Chairman None
Senator John Carona, Vice Chairman
Senator David Bernsen
Senator Mario Gallegos, Jr.
Senator Chris Harris
Senator Frank Madla
Senator Jane Nelson
Senator Eliot Shapleigh
Senator David Sibley
*****
The chair called the meeting to order at 9:03 a.m. The following
business was transacted.
The chairman laid out SB 355 by Senator Lindsay, relating to a
nursing home resident's right to informed consent regarding the
administration of certain drugs, and recognized the author to
explain the bill.
Senator Madla sent up a committee substitute for SB 355 and
Senator Lindsay explained the differences between it and the
bill as filed.
Senator Madla moved the adoption of the committee substitute for
SB 355. There being no objection, the motion prevailed by
unanimous consent.
Testimony on the committee substitute for SB 355 began.
At 9:37 a.m. Senator Carona assumed presiding duties.
At 9:42 a.m. Senator Moncrief resumed presiding duties.
Upon unanimous consent, the chairman recessed the committee at
9:50 a.m. until 30 minutes after the adjournment of the Texas
Senate.
The chairman reconvened the Senate Committee on Health and Human
Services at 1:12 p.m.
Testimony on the committee substitute for SB 355 resumed.
Witnesses testifying and registering on the committee substitute
for SB 355 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
355, the chairman closed public testimony.
The chairman left the committee substitute for SB 355 pending
temporarily, to await the arrival of a quorum.
At 1:24 p.m. Senator Bernsen assumed presiding duties.
The chairman laid out SB 177 by Senator Madla, relating to
electronic monitoring devices in the room of residents of
convalescent or nursing homes or related institutions; providing
criminal penalties, and recognized Senator Moncrief, in absence
of the author, to explain the bill.
Senator Moncrief sent up a committee substitute for SB 177 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 177. There being no objection, the motion prevailed by
unanimous consent.
At 1:33 p.m. Senator Gallegos assumed presiding duties.
Witnesses testifying and registering on the committee substitute
for SB 177 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
177, the chairman closed public testimony.
Senators Carona, Harris, Madla, Nelson and Shapleigh asked
unanimous consent to be shown voting "aye" on the committee
substitute for SB 177. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 177 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 0
absent.
At 1:46 Senator Moncrief resumed presiding duties.
The chairman laid out anew, SB 355 by Senator Lindsay, relating
to a nursing home resident's right to informed consent regarding
the administration of certain drugs, which had been left pending
to await the arrival of a quorum.
Senators Carona, Harris, Madla, Nelson and Shapleigh asked
unanimous consent to be shown voting "aye" on the committee
substitute for SB 355. There being no objection, the motion
prevailed by unanimous consent.
Senator Sibley moved that SB 355 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 0 absent.
Senator Sibley assumed presiding duties at 1:49 p.m.
Senator Carona assumed presiding duties at 1:49 p.m.
The chairman laid out SB 1376 by Senator Moncrief, relating to
amelioration of convalescent and nursing home violations;
waiving the right to an administrative hearing, and recognized
the author to explain the bill.
The chairman laid out SB 1590 by Senator Moncrief, relating to
the admissibility of evidence relating to certain Texas
Department of Human Services investigations or surveys in
certain actions or proceedings, and recognized the author to
explain the bill.
The chairman laid out SB 1592 by Senator Moncrief, relating to
the imposition of a quality assurance fee on nursing
institutions; providing an administrative penalty, and
recognized the author to explain the bill.
The chairman laid out SB 1593 by Senator Moncrief, relating to
nursing institutions, assisted living facilities, and
intermediate care facilities for the mentally retarded, and
recognized the author to explain the bill.
At 1:52 p.m. a quorum was established.
The chairman sent up a committee substitute for SB 1376 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1376. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1376 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1376, the chairman closed public testimony.
Senators Harris, Madla, Nelson and Shapleigh requested unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1376. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that SB 1376 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 0
absent.
Senator Moncrief sent up a committee substitute for SB 1590 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1590. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1590 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1590, the chairman closed public testimony.
Senators Madla and Shapleigh asked unanimous consent to be shown
voting "aye" on the committee substitute for SB 1590. There
being no objection, the motion prevailed by unanimous consent.
Senator Harris asked unanimous consent to be shown voting "nay"
on the committee substitute for SB 1590. There being no
objection, the motion prevailed by unanimous consent.
Senator Sibley moved that SB 1590 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 8 ayes, 1 nay and 0 absent.
Senator Moncrief sent up a committee substitute for SB 1592 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1592. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1592 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1592, the chairman closed public testimony.
Senators Bernsen, Gallegos, Madla and Shapleigh asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1592. There being no objection, the motion prevailed by
unanimous consent.
Senators Harris and Nelson asked unanimous consent to be shown
voting "nay" on the committee substitute for SB 1592. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1592 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 6 ayes, 2 nays and 1
absent.
Senator Monrief sent up a committee substitute for SB 1593 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1593. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1593 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1593, the chairman closed public testimony.
Senators Bernsen, Gallegos, Harris, Madla and Shapleigh asked
unanimous consent to be shown voting "aye" on the committee
substitute for SB 1593. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief moved that SB 1593 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 7 ayes, 0 nays and 2
absent.
The chairman laid out SB 1082 by Senator Harris, relating to
licensing, inspecting, surveying, and investigating certain
nursing institutions, and recognized Senator Moncrief, in
absence of the author, to explain the bill.
Witnesses testifying and registering on SB 1082 are shown on the
attached list. Testimony relating to SB 1082, was left open.
At the chairman's request, SB 1082 was left pending.
The chairman laid out SB 498 by Senator Truan, relating to the
training requirements for certain employees of nursing homes,
and recognized Senator Moncrief, in absence of the author, to
explain the bill.
Witnesses testifying and registering on SB 498 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 498, the chairman closed public testimony.
At the chairman's request, SB 498 was left pending.
The chairman laid out SB 1242 by Senator Moncrief, relating to
criminal history checks of employees and applicants for
employment in certain long-term care facilities, and recognized
the author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1242 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1242. There being no objection, the motion prevailed by
unanimous consent.
Witnesses registering and testifying on the committee substitute
for SB 1242 are shown on the attached list. There being no
other witnesses registered or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1242, the chairman closed public testimony.
Senators Bernsen, Gallegos, Harris, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on the
committee substitute for SB 1242. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1242 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 8 ayes, 0 nays and 1
absent.
Senator Moncrief moved that the committee substitute for SB 1242
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out SB 1245 by Senator Moncrief, relating to
providing for the registry of acts of misconduct by certain
employees of certain health care agencies and facilities, and
recognized the author to explain the bill.
Witnesses testifying and registering on SB 1245 are shown on the
attached list. Testimony on relating to SB 1245 was left open.
At the request of the author, SB 1245 was left pending.
The chairman laid out the March 22, 2001, minutes and called for
revisions. There being none, Senator Moncrief moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
At 4:31 p.m. Senator Moncrief resumed presiding duties.
No action was taken on the following bills:
SB 772 by Harris, relating to requiring the Texas Department of
Human Services to establish criteria for designating nursing
facility operators with excellent operating records as eligible
to acquire a license to operate another nursing facility with
expedited basis;
SB 1083 by Harris, relating to the regulation of certain nursing
institutions; and,
SB 1594 by Moncrief, relating to the creation of a long-term
care facility liability insurance fund; authorizing the issuance
of bonds; providing an administrative penalty.
There being no other business to come before the committee, the
chairman recessed the committee by unanimous consent at 4:32
p.m., subject to the call of the chairman.
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Senator Mike Moncrief, chairman
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Scott Caffey, committee clerk