MINUTES
SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES
Monday, May 7, 2001
8 a.m.
Capitol Extension, Room E1.028
*****
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 Monday, May 7, 2001, in the Capitol
Extension, Room E1.028, 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 chairman called the meeting to order at 8:08 a.m. The
following business was transacted.
At 8:08 a.m. Senator Madla assumed presiding duties.
The chairman laid out SB 1839 by Senator Moncrief, relating to
certain long-term care facilities, and recognized the author to
explain the bill.
Senator Moncrief sent up a committee substitute for SB 1839 and
explained the differences between it and the bill as filed.
Senator Moncrief recognized Senator Duncan. Senator Duncan made
remarks on the committee substitute for SB 1839.
At 8:18 a.m. Senator Carona assumed presiding duties.
At 8:21 a.m. a quorum was established.
Testimony on the committee substitute for SB 1839 began.
Upon unanimous consent, Senator Carona recessed the committee at
9:52 a.m., until 30 minutes after the adjournment of the Texas
Senate.
At 3:40 p.m. Senator Carona reconvened the Senate Committee on
Health and Human Services.
Testimony on the committee substitute for SB 1839 resumed.
Witnesses testifying and registering on the committee substitute
for SB 1839 are shown on the attached list. There being no
other witnesses registering or responding to the chairman's call
for public testimony relating to the committee substitute for SB
1839, the chairman closed public testimony.
Senator Moncrief moved the adoption of the committee substitute
for SB 1839. There being no objection, the motion prevailed by
unanimous consent.
Senators Bernsen and Gallegos asked unanimous consent to be
shown voting "aye" on the committee substitute for SB 1839.
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 1839. There being no
objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1839 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, 1 nay and 2
absent.
At 3:58 p.m. Senator Moncrief assumed presiding duties.
The chairman laid out HB 1591 by Representative Kitchen,
relating to reporting and certification of Medicaid managed care
encounter data, and recognized the Senate sponsor, Senator
Madla, to explain the bill.
Witnesses testifying and registering on HB 1591 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 1591, the chairman closed public testimony.
Senators Bernsen and Gallegos asked unanimous consent to be
shown voting "aye" on HB 1591. There being no objection, the
motion prevailed by unanimous consent.
Senator Madla moved that HB 1591 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 7 ayes, 0 nays and 2 absent.
Senator Madla moved that HB 1591 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 1691 by Representative Maxey, relating
to the Texas Council on Purchasing from People with
Disabilities, and recognized the Senate sponsor, Senator Madla,
to explain the bill.
Senator Madla sent up a committee substitute for HB 1691 and
explained the differences between it and the bill as filed.
Senator Madla moved the adoption of the committee substitute for
HB 1691. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 1691 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
1691, the chairman closed public testimony.
Senators Bernsen, Gallegos, Nelson and Shapleigh asked unanimous
consent to be shown voting "aye" on the committee substitute for
HB 1691. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla moved that HB 1691 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.
Senator Madla moved that the committee substitute for HB 1691 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 3572 by Representative George, relating
to establishing an unrelated donor umbilical cord blood bank,
and recognized the Senate sponsor, Senator Lindsay, to explain
the bill.
Witnesses testifying and registering on HB 3572 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 3572, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla and Nelson asked
unanimous consent to be shown voting "aye" on HB 3572. There
being no objection, the motion prevailed by unanimous consent.
Senator Shapleigh moved that HB 3572 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
The chairman laid out HB 2103 by Representative Dutton, relating
to allowing a grandparent to receive financial assistance
benefits on behalf of a dependent child in certain situations,
and recognized the Senate sponsor, Senator Shapleigh, to explain
the bill.
Witnesses testifying and registering on HB 2103 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 2103, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla and Nelson asked
unanimous consent to be shown voting "aye" on HB 2103. There
being no objection, the motion prevailed by unanimous consent.
Senator Shapleigh moved that HB 2103 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Shapleigh moved that HB 2103 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
At 4:27 p.m. Senator Sibley assumed presiding duties.
The chairman laid out HB 835 by Representative Kitchen, relating
to the study of a buy-in option for the state child health plan,
and recognized the Senate sponsor, Senator Moncrief, to explain
the bill.
Senator Moncrief sent up a committee substitute for HB 835 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for HB 835. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 835 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
835, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on the
committee substitute for HB 835. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that HB 835 be reported to the Senate
with the recommendation that it do not pass, but that the
committee substitute for HB 835 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 HB 835
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 1072 by Representative Farabee,
relating to authorizing a peace officer or health officer to
take into custody, detain, and return to a treatment facility a
patient or client under a court order for treatment at the
facility, and recognized the Senate sponsor, Senator Moncrief,
to explain the bill.
Witnesses testifying and registering on HB 1072 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 1072, the chairman closed public testimony.
Senator Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on HB 1072.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that HB 1072 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that HB 1072 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 1307 by Representative Villarreal,
relating to the establishment of a child-care resource and
referral network, and recognized the Senate sponsor, Senator
Moncrief, to explain the bill.
Witnesses testifying and registering on HB 1307 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 1307, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on HB 1307.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that HB 1307 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that HB 1307 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 2602 by Representative Coleman,
relating to indigent health care, and recognized the Senate
sponsor, Senator Moncrief, to explain the bill.
Senator Moncrief sent up a committee substitute for HB 2602 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for HB 2602. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 2602 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
2602, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on the
committee substitute for HB 2602. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that HB 2602 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 HB 2602
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 998 by Representative Hartnett,
relating to the animal friendly account and advisory committee,
and recognized Senator Moncrief, in absence of the Senate
sponsor, to explain the bill.
Witnesses testifying and registering on the HB 998 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 998, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on HB 998.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that HB 998 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that HB 998 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 915 by Representative Gray, relating to
bulk purchasing of prescription drugs by certain state agencies,
and recognized the Senate sponsor, Senator Moncrief, to explain
the bill.
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.
Senator Moncrief sent up committee amendment 2 and explained it.
Senator Moncrief moved the adoption of committee amendment 2.
There being no objection, the motion prevailed by unanimous
consent.
Witnesses testifying and registering on the committee substitute
for HB 915 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
915, the chairman closed public testimony.
Senator Moncrief sent up committee amendment 3 and explained it.
Senator Moncrief moved adoption of committee amendment 3. There
being no objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that the three adopted committee
amendments be rolled into a committee substitute for HB 915 and
that the committee substitute for HB 915 be adopted. There
being no objection, the motion prevailed by unanimous consent.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on the
committee substitute for HB 915. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that HB 915 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.
The chairman laid out HB 1651 by Representative Edwards,
relating to the authority of optometrists and therapeutic
optometrists to form certain professional associations, and
recognized Senator Moncrief, in absence of the Senate sponsor,
to explain the bill.
Witnesses testifying and registering on HB 1651 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 1651, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on HB 1651.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that HB 1651 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that HB 1651 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 2543 by Representative Naishtat,
relating to the establishment of a pilot program to provide
child-care intervention services for certain children with
severe behavioral problems, and recognized Senator Moncrief, in
absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on HB 2543 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 2543, the chairman closed pubic testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on HB 2543.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that HB 2543 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that HB 2543 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
The chairman laid out SCR 52 by Senator Van de Putte,
recognizing health care professionals and quality health care
for all persons, and recognized Senator Moncrief, to explain the
resolution.
Senator Moncrief moved the adoption of SCR 52. There being no
objection, the motion prevailed by unanimous consent.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on SCR 52.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that SCR 52 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that SCR 52 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 1001 by Representative Naishtat,
relating to the review of the reimbursement methodology for and
resources needs of nursing facilities, and recognized Senator
Moncrief, in absence of the Senate sponsor, to explain the bill.
Senator Moncrief sent up committee amendment 1 and explained it.
Senator Moncrief moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief sent up committee amendment 2 and explained it.
Senator Moncrief moved the adoption of committee amendment 2.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief sent up committee amendment 3 and explained it.
Senator Moncrief moved the adoption of committee amendment 3.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that the three adopted committee
amendments be rolled into a committee substitute for HB 1001 and
that the committee substitute for HB 1001 be adopted. There
being no objection, the motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 1001 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
1001, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on the
committee substitute for HB 1001. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that HB 1001 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 HB 1001
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 1004 by Representative Naishtat,
relating to the work of employment activities required under the
temporary assistance for needy families program, and recognized
Senator Moncrief, in absence of the Senate sponsor, to explain
the bill.
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.
Senator Moncrief moved that the adopted committee amendment be
rolled into a committee substitute for HB 1004 and that the
committee substitute for HB 1004 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 1004 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
1004, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on the
committee substitute for HB 1004. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that HB 1004 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 HB 1004
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 1006 by Representative Naishtat,
relating to exemptions and exceptions from work or employment
activity requirements under the temporary assistance for needy
families program, and recognized Senator Moncrief, in absence of
the Senate sponsor, to explain the bill.
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.
Senator Moncrief moved that the adopted committee amendment be
rolled into a committee substitute for HB 1006 and that the
committee substitute for HB 1006 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for HB 1006 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
1006, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla and Shapleigh asked
unanimous consent to be shown voting "aye on the committee
substitute for HB 1006. 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 HB 1006. There being no
objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that HB 1006 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 7 ayes, 1 nay and 1 absent.
The chairman laid out HB 1187 by Representative Olivo, relating
to the Parents as Scholars Program pilot program for certain
recipients of temporary assistance for needy families, and
recognized Senator Moncrief, in absence of the Senate sponsor,
to explain the bill.
Witnesses testifying and registering on the HB 1187 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 1187, the chairman closed public testimony.
Senators Bernsen, Carona, Gallegos, Madla, Nelson and Shapleigh
asked unanimous consent to be shown voting "aye" on HB 1187.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that HB 1187 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that HB 1187 be recommended for
certification on the local and uncontested calendar. There
being objection, the motion prevailed by unanimous consent.
At 5:20 p.m. Senator Moncrief resumed presiding duties.
The chairman laid out the April 30, 2001, minutes and called for
revisions. There being none, Senator Sibley moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
There being no other business to come before the committee, the
chairman recessed the committee by unanimous consent at 5:22
p.m., subject to the call of the chairman.
_________________________________________
Senator Mike Moncrief, chairman
________________________________________
Scott Caffey, committee clerk