MINUTES
SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES
Thursday, May 3, 2001
8:30 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 and
Human Services was held on Thursday, May 3, 2001, in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief, Chairman Senator David Bernsen
Senator John Carona, Vice Chairman Senator Chris Harris
Senator Mario Gallegos, Jr.
Senator Frank Madla
Senator Jane Nelson
Senator Eliot Shapleigh
Senator David Sibley
*****
The chairman called the meeting to order at 8:37 a.m. The
following business was transacted.
The chairman laid out HB 3421 by Representative Farabee,
relating to the licensure of physician assistants, and
recognized the Senate sponsor, Senator Madla, to explain the
bill.
Senator Madla sent up a committee substitute for HB 3421 and
explained the differences between it and the bill as filed.
Witnesses testifying and registering on the committee substitute
for HB 3421 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 HB
3421, the chairman closed public testimony.
The chairman left the committee substitute for HB 3421 pending
temporarily, to await the arrival of a quorum.
The chairman laid out HB 342 by Representative McClendon,
relating to the study of disease management programs for
children's asthma, and recognized the Senate sponsor, Senator
Van de Putte, to explain the bill.
Senator Madla sent up a committee substitute for HB 342 and
Senator Van de Putte explained the differences between it and
the bill as filed.
Senator Madla moved the adoption of the committee substitute for
HB 342. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 342 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 HB
342, the chairman closed public testimony.
The chairman left the committee substitute for HB 342 pending
temporarily, to await the arrival of a quorum.
At 8:47 a.m. Senator Carona assumed presiding duties.
The chairman laid out HB 3365 by Representative Maxey, relating
to medical case management services provided by a social worker
under the Medicaid program, and recognized Senator Moncrief, in
absence of the author, to explain the bill.
Witnesses testifying and registering on HB 3365 are shown on the
attached list. There being no other witnesses registering or
responding to the chairman's call for public testimony relating
to HB 3365, the chairman closed public testimony.
The chairman left HB 3365 pending temporarily, to await the
arrival of a quorum.
At 8:50 a.m. Senator Moncrief resumed presiding duties.
The chairman laid out HB 2446 by Representative Glaze, relating
to emergency medical services, and recognized the Senate
sponsor, Senator Madla, to explain the bill.
Senator Madla sent up committee amendment 1 and explained it.
Witnesses testifying and registering on HB 2446 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to HB 2446, the chairman closed public testimony.
The chairman left HB 2446 pending temporarily, to await the
arrival of a quorum.
At 8:54 a.m. Senator Madla assumed presiding duties.
The chairman laid out HB 1782 by Representative Naishtat,
relating to the right of certain persons to enter a public
facility with an assistance animal, and recognized the Senate
sponsor, Senator Moncrief, to explain the bill.
The chairman left HB 1782 pending temporarily, to await the
arrival of a quorum.
The chairman laid out HB 1094 by Representative Gray, relating
to the creation of a state prescription drug program for certain
Medicare beneficiaries, and recognized the Senate sponsor,
Senator Moncrief, to explain the bill.
At 8:58 a.m. Senator Carona assumed presiding duties.
Witnesses testifying and registering on HB 1094 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to HB 1094, the chairman closed public testimony.
The chairman left HB 1094 pending temporarily, to await the
arrival of a quorum.
The chairman laid out HCR 84 by Representative Maxey,
memorializing congress to expand the number of community health
centers and other community-based safety-net programs serving
the poor and medically underserved communities, and recognized
Senator Moncrief, in absence of the author, to explain the bill.
Witnesses testifying and registering on HCR 84 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to HCR 84, the chairman closed public testimony.
The chairman left HCR 84 pending temporarily, to await the
arrival of a quorum.
The chairman laid out anew HB 1094 by Representative Gray,
relating to the creation of a state prescription drug program
for certain Medicare beneficiaries, which had been left pending
to await the arrival of a quorum.
Senator Sibley sent up committee amendment 1 and explained it.
Senator Sibley moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
At 9:09 a.m. a quorum was established.
Senator Sibley moved that the adopted committee amendment be
rolled into a committee substitute for HB 1094 and that the
committee substitute for HB 1094 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on the committee substitute for HB 1094. There being no
objection, the motion prevailed by unanimous consent.
Senator Sibley moved that HB 1094 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, 0 nays and 3 absent.
At 9:11 a.m. Senator Moncrief resumed presiding duties.
The chairman laid out anew SB 1269 by Senator Sibley, relating
to the licensing and regulation of clinical nutritionists;
providing a criminal penalty, and recognized the author.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on the committee substitute for SB 1269. There being no
objection, the motion prevailed by unanimous consent.
Senator Sibley moved that SB 1269 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, 0 nays and 3 absent.
The chairman laid out HB 2463 by Representative Glaze, relating
to the issuance of permits in areas infected with or at risk of
infection for bovine tuberculosis, and recognized the Senate
sponsor, Senator Shapleigh, to explain the bill.
Witnesses testifying and registering on HB 2463 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to HB 2463, the chairman closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on HB 2463. There being no objection, the motion prevailed by
unanimous consent.
Senator Shapleigh moved that HB 2463 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 6 ayes, 0 nays and 3 absent.
Senator Shapleigh moved that HB 2463 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
The chairman laid out HB 663 by Representative Ron Lewis,
relating to the regulation of tanning facilities, and recognized
the Senate sponsor, Senator Nelson, to explain the bill.
Senator Nelson sent up a committee substitute for HB 663 and
explained the differences between it and the bill as filed.
Witnesses testifying and registering on the committee substitute
for HB 663 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 HB
663, the chairman closed public testimony.
Senators Gallegos and Shapleigh asked unanimous consent to be
shown voting "aye" on the committee substitute for HB 663.
There being no objection, the motion prevailed by unanimous
consent.
Senator Nelson moved that HB 663 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, 0 nays and 3 absent.
Senator Nelson moved that the committee substitute for HB 663 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out HB 1516 by Representative Janek, relating
to the provision of catastrophic case management services under
the medical assistance program, and recognized the Senate
sponsor, Senator Nelson, to explain the bill.
Witnesses testifying and registering on HB 1516 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to HB 1516, the chairman closed public testimony.
Senators Gallegos, Madla and Shapleigh asked unanimous consent
to be shown voting "aye" on HB 1516. There being no objection,
the motion prevailed by unanimous consent.
Senator Nelson moved that HB 1516 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 6 ayes, 0 nays and 3 absent.
Senator Nelson moved that HB 1516 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
At 9:22 a.m. Senator Carona assumed presiding duties.
The chairman laid out HB 102 by Representative Maxey, relating
to abolishing the electronic imaging program of the Texas
Department of Human Services, and recognized the Senate sponsor,
Senator Moncrief, to explain the bill.
Senator Moncrief sent up a committee substitute for HB 102 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for HB 102. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 102 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 HB
102, the chairman closed public testimony.
Senator Gallegos, Madla and Shapleigh asked unanimous consent to
be shown voting "aye" on the committee substitute for HB 102.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that HB 102 be reported to the Senate
with the recommendation that it not do pass, but that the
committee substitute adopted in lieu thereof do pass and be
printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3
absent.
Senator Moncrief moved that the committee substitute for HB 102
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out anew HB 1782 by Representative Naishtat,
relating to the right of certain persons to enter a public
facility with an assistance animal, which had been left pending
to await the arrival of a quorum.
Senators Gallegos, Madla and Shapleigh asked unanimous consent
to be shown voting "aye" on HB 1782. There being no objection,
the motion prevailed by unanimous consent.
Senator Nelson moved that HB 1782 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 6 ayes, 0 nays and 3 absent.
Senator Nelson moved that HB 1782 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
The chairman laid out anew HB 3365 by Representative Maxey,
relating to medical case management services provided by a
social worker under the Medicaid program, which had been left
pending to await the arrival of a quorum.
Senators Carona, Gallegos, Madla and Shapleigh asked unanimous
consent to be shown voting "aye" on HB 3365. There being no
objection, the motion prevailed unanimous consent.
Senator Nelson moved that HB 3365 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 6 ayes, 0 nays and 3 absent.
Senator Nelson moved that HB 3365 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
The chairman laid out anew HB 3421 by Representative Farabee,
relating to the licensure of physician assistants, which had
been left pending to await the arrival of a quorum.
Senator Nelson moved the adoption of the committee substitute
for HB 3421. There being no objection, the motion prevailed by
unanimous consent.
Senators Carona, Gallegos and Shapleigh asked unanimous consent
to be shown voting "aye" on the committee substitute for HB
3421. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that HB 3421 be sent 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, 0 nays and 3 absent.
Senator Nelson moved that the committee substitute for HB 3421
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out anew HCR 84 by Representative Maxey,
memorializing congress to expand the number of community health
centers and other community-based safety-net programs serving
the poor and medically underserved communities, which had been
left pending to await the arrival of a quorum.
Senator Madla moved the adoption of HCR 84. There being no
objection, the motion prevailed by unanimous consent.
Senators Carona, Gallegos and Shapleigh asked unanimous consent
to be shown voting "aye" on HCR 84. There being no objection,
the motion prevailed by unanimous consent.
Senator Madla moved that HCR 84 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 6 ayes, 0 nays and 3 absent.
Senator Madla moved that HCR 84 be recommended for certification
on the local and uncontested calendar. The motion prevailed by
a vote of 6 ayes, 0 nays and 3 absent.
The chairman laid out anew HB 342 by Representative Maxey,
relating to the study if disease management programs for
children's asthma, which had been left pending to await the
arrival of a quorum.
Senators Carona, Gallegos and Shapleigh asked unanimous consent
to be shown voting "aye" on the committee substitute for HB 342.
There being no objection, the motion prevailed by unanimous
consent.
Senator Madla moved that HB 342 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, 0 nays and 3 absent.
Senator Madla moved that the committee substitute for HB 342 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out anew HB 2446 by Representative Glaze,
relating to emergency medical services, which had been left
pending to await the arrival of a quorum.
Senator Madla moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Madla moved that the adopted committee amendment be
rolled into a committee substitute for HB 2446 and that the
committee substitute for HB 2446 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Senators Carona and Gallegos asked unanimous consent to be shown
voting "aye" on the committee substitute for HB 2446. There
being no objection, the motion prevailed by unanimous consent.
Senator Madla moved that HB 2446 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, 0 nays and 3 absent.
Senator Madla moved that the committee substitute for HB 2446 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out the April 26, 2001, minutes and called for
revisions. There being none, Senator Nelson moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
Upon a motion by Senator Madla, the chairman recessed the
committee by unanimous consent at 9:43 a.m., until 30 minutes
after the adjournment of the Texas Senate.
The chairman reconvened the Senate Committee on Health and Human
Services at 2:40 p.m.
At 2:40 p.m. Senator Sibley assumed presiding duties.
The chairman laid out SB 1237 by Senator Moncrief, relating to
immunizations and the immunization registry, and recognized the
author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1237 and
explained the differences between it and the bill as filed.
At 2:41 p.m. Senator Moncrief resumed presiding duties.
At 3:55 p.m. Senator Shapleigh assumed presiding duties.
Witnesses testifying and registering on the committee substitute
for SB 1237 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
1237, the chairman closed public testimony.
The chairman left the committee substitute for SB 1237 pending
temporarily.
At 4:08 p.m. Senator Shapleigh announced that the committee will
stand at ease until 4:20 p.m.
The chairman called the Senate Committee on Health and Human
Services back to order at 4:42 p.m.
At 4:43 p.m. Senator Gallegos assumed presiding duties.
The chairman laid out anew SB 1237 by Senator Moncrief, relating
to immunizations and the immunizations registry, which had been
left pending.
Senator Moncrief moved the adoption of the committee substitute
for SB 1237. There being no objection, the motion prevailed by
unanimous consent.
Senators Carona, Madla and Shapleigh asked unanimous consent to
be shown voting "aye" on the committee substitute for SB 1237.
There being no objection, the motion prevailed by unanimous
consent.
Senator Nelson asked unanimous consent to be shown voting "nay"
on the committee substitute for SB 1237. There being no
objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1237 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 5 ayes, 1 nay and 3
absent.
At 4:45 p.m. Senator Moncrief resumed presiding duties.
There being no other business to come before the committee and
upon a motion by Senator Gallegos, the chairman recessed the
committee by unanimous consent at 4:45 p.m., subject to the call
of the chairman.
_________________________________________
Senator Mike Moncrief, chairman
__________________________________________
Scott Caffey, committee clerk