House Committee on Appropriations
75th Legislature
February 28, 1997
8:00 am
Capitol Extension, E1.030
Pursuant to a notice posted on February 06, 1997, the House
Committee on Appropriations met in a public hearing and was
called to order by the Chair, Representative Robert Junell at
8:09 am.
The roll was answered as follows:
Present: Representatives Junell; Delisi; Coleman; Cuellar;
Davis; Eiland; Finnell; Glaze; Greenberg; Heflin;
Hernandez; Hochberg; Kubiak; Moreno; Mowery; Pitts;
Price; Swinford; Tillery; Turner, Sylvester; Walker;
West, George "Buddy" (22).
Absent: Representatives Averitt; Gallego; Haggerty;
Hinojosa; Raymond (5).
A quorum was present.
ARTICLE IX
Representative Greenberg moves to adopt the revised salary
schedule and to allow for a technical correction of salary
provisions on the House floor. The revised salary schedule is
to include 3 new salary schedules: schedule A, schedule B,
and schedule C. The motion was adopted.
(Representative Averitt now present.)
(Representatives Gallego and Hinojosa now present.)
(Representative Haggerty now present.)
Representatives Swinford and Delisi move to adopt new travel
policy rider to add personal responsibility for frivolous and
non essential travel. The motion is amended. The motion
was adopted as amended.
Chairman Junell moves to adopt a 10% travel reduction on each
agency. The motion is adopted.
Representative Kubiak moves to amend state employee
reimbursement from $55 a night to $70 a night. The motion is
adopted.
Representative Delisi moves to amend Section 12(11) to add
definitions on COG's, Workforce Boards, Unit of local
Government, and MHMR Centers. The motion is adopted.
Representative Greenberg moves to reinstate 0ld Section 24(4)
authorizing the Governor to make a deficiency grant from
unappropriated balances. The motion is adopted.
Representative Greenberg moves to adopt a definition on
disabled, Section 17(10). The motion is adopted.
(Representative Raymond now present.)
Representative Delisi moves to amend Section 35(2),
Publications, to include any appointed officer of the state.
The motion was adopted.
Representative Greenberg moves to amend Section 37, Section
38, and other related sections to conform to the
recommendations of the House Appropriations Subcommittee on
Information Resources. The motion is adopted.
Representative Hochberg moves to amend Section 39 (WTDRC).
The motion is adopted.
Representative Swinford moves to amend Section 46 to further
prohibit agencies from contracting with previous employees.
The motion is amended. The motion is adopted.
Representative Swinford moves to amend Section 54 to allow for
quicker payments on torts involving property damage under
$25,000. The motion is adopted.
Representative Greenberg moves to amend Section 66 to clarify
intent of fee increases. The motion was adopted.
Representatives Eiland, Pitts, et al. move to add a section on
fee increase notification. The motion is adopted.
Representative Greenberg moves to add a section directing the
creation of a six year statewide capital plan. The motion was
adopted as amended.
Representative Cuellar moves to add a statewide rider on
performance bench marking. The motion was adopted.
Representative Cuellar moves to add a section implementing
customer satisfaction provisions statewide. The motion was
adopted.
Representatives Greenberg, Heflin and Turner move to amend the
Sections under Equal Opportunity Provisions. The motion is
adopted.
Representative Greenberg moves to include language prohibiting
the payment by a state agency of membership dues to an
organization the registers as a lobby firm or has an
individual that must register under the lobby code. The
motion is adopted.
Representative Delisi moves to add a section applying various
provisions of Article IX to COG's, MHMR centers, Workforce
Boards, and local units of government as previously defined.
The motion was adopted.
Representative Greenberg moves to amend Section 80 to include
Institutions of Higher Education and the State Auditors
office. The motion was adopted as amended.
Representative Heflin moves to adopt the TPR recommendation of
the deletion of phantom positions at state agencies, with the
intent that a technical floor amendment will be offered with
newer numbers. The motion was adopted.
Representative Greenberg moves to adopt a new section on
electronic commerce. The motion was adopted.
Representative Greenberg moves to adopt a new section on
credit card service fees. The motion was adopted.
Representative Greenberg moves to amend Section 139 on early
childhood programs. The motion was adopted.
Representative Greenberg moves to adopt a new section on
standards of State Employee Conduct. The motion was adopted.
Representatives Cuellar, Junell, and Gallego moves to adopt a
new section on Agency Rule Review as amended. The motion was
adopted.
Representative Greenberg moves to adopt a new section on Non
Resident Bidders and Recycled Materials. The motion was
adopted.
Representative Gallego moves to add travel expense language.
The language has been previously adopted. The motion fails.
Representative Greenberg moves to adopt TPR language on Non
refundable Airline Tickets. The motion was adopted.
Representative Greenberg moves to adopt TPR recommendations CG
5, CG 15, CG 16, and GG 24. The motion was adopted.
Representative Greenberg moves to adopt TPR recommendation CG
18 on Recover Housing Cost. This issue to be considered in
subcommittee on emoluments. The motion is left pending.
Representative Greenberg moves to adopt Early Retirement
Salary Adjustments contingent upon the passage of legislation.
The motion is withdrawn.
Representative Greenberg moves to adopt TPR HHS 30 - State
Health Care Purchasing. The motion was adopted.
Representative Greenberg moves to adopt TPR CG 9, CG 1, and CG
4. All require action of the LBB and are left pending.
Representative Greenberg moves to adopt TPR HHS 7 - Evaluation
of outcome Measures. The motion was adopted.
Representative Greenberg moves to adopt TPR EI 2 - Streamline
Organizational Structures at State Agencies. The motion was
adopted.
Representative Greenberg moves to adopt TPR CG 6 -
Telecommunications in State Offices. Amend in accordance with
action taken on the budgets of GSC and DIR. The motion was
adopted.
Representative Greenberg moves to adopt TPR CG 13 - Federal
Policy Initiatives. The motion was adopted.
Representative Greenberg moves to adopt TPR CG 17 - State
Agency Video Production and Distribution. The motion was
adopted.
Representative Greenberg moves to adopt TPR WF 7 - Supported
Employment at State Agencies. The motion was adopted.
Representative Greenberg moves to adopt TPR FR 12 - Increase
Information Sharing to Reduce Fraud. The motion was adopted.
Representative Greenberg moves to adopt TPR EI 4 - Adopt
"Family - Friendly" policies for State Employees. The motion
was adopted.
Representative Greenberg moves to adopt TPR CG 2 - Improve
State Facilities Management. The motion was adopted.
Chairman Junell moves to reconsider the previous motion on
Early Retirement Salary Adjustments. The motion is
reconsidered and adopted.
Representative Greenberg moves to adopt TPR CG 10 - Electronic
Voucher System. The TPR requires action of the LBB. The
motion is left pending.
Representative Swinford moves to adopt a section requiring
teleconferencing in lieu of travel where available and
cheaper. The motion is adopted.
Representative Hochberg moves to adopt a new section
permitting state employees to use sick time for Teacher/
parent conferences. The motion was adopted.
Representative Greenberg moves to adopt amended language on
Limitations on Capital budgets. The motion was not adopted.
Representative Delisi moves to adopt additional language
strengthening the reporting of trips to DC through the Office
of state-Federal Relations. The motion is left pending.
Representative Eiland moves to adopt new language giving
credit for hiring welfare recipients. The motion is left
pending.
Representative Greenberg moves to adopt ART IX with all
technical corrections and as amended above. The motion was
adopted.
At 11:28 and upon the motion of the Chair, the Committee
stands at ease for 5 minutes.
The Committee reconvenes at 11:40 am.
ARTICLE X - LEGISLATURE
Representative Junell moves to adopt Article X as proposed by
the LBB. The motion was adopted.
PENDING ITEMS ON AGENCIES BUDGETS
Testimony was taken. See witness list.
Representative Coleman moves to reconsider and adopt
modifications to the Texas Department of Health's Capital
budget rider. Funds for the the WIC Electronic Benefits
Transfer are deleted. The motion was adopted.
Representative Coleman moves to reconsider and adopt the
modifications to Rider 27 in the Texas Department of Health's
budget. The motion is amended to send the request to Article
XI. The motion was adopted.
Representative Coleman moves to adopt a new rider for the
Texas Department of Health's budget on Funding for
Abstinence based sexual education. The motion is amended.
The motion was adopted.
Representative Coleman moves to reconsider and adopt a new
rider for TXMHMR on the Texas Capitol Trust Fund and to
instruct the LBB to take all necessary action to comply. The
motion was adopted.
Representative Glaze moves to reconsider and adopt a new rider
for TCADA authorizing the use of carry forward for Drug Abuse
Councils money from 1997. The motion was adopted.
Representative Glaze moves to reconsider and adopt a new rider
for TCADA authorizing the use of carry forward money for dual
diagnosis from 1997. The motion was adopted.
Representative Glaze moves to adopt a new rider for TCADA
requiring notification of regional funds distribution. The
motion was adopted.
Representative Glaze moves to adopt the technical correction
on interagency contract funding TCADA. The motion was
adopted.
Representative Glaze moves to adopt two technical corrections
1) Other Direct and Indirect and 2) Exempt Position on the
Commission for the Blind. The motion is adopted.
Representative Coleman moves to adopt a new rider for the
Texas Department of Protective and Regulatory Services
authorizing UB carry forward for funds from Alternative
Services. The motion is amended to send the rider to Article
XI. The motion is adopted.
Representative Hochberg moves to adopt a rider on TDHCA to
limit expenditures. The motion was adopted.
Representative Coleman moves to adopt a new intent rider on
TDHCA. The motion was adopted.
Representative Junell moves to reconsider action on TDCJ's
capital budget rider. Adjust method of finance for Repair and
Rehabilitation from general revenue to general obligation
bonds. Action relating to Construction of Buildings taken on
February 27 is reversed. The motion is adopted.
Representative Heflin moves to adopt changes in the method of
finance for three areas, Early Child Care, JOBS Child Care,
and TANF for the Texas Workforce Commission and to make a
technical correction. Also moves that funding for Project Rio
be added to Article XI. The motion was adopted.
Representative Greenberg moves to add $10.0 million in TANF
funds for child care at the Texas Workforce Commission. The
motion is withdrawn.
Representative Cuellar moves to adopt a new rider on Texas
Workforce Commission to provide local workforce services. The
motion was adopted.
Representative Finnell moves to adopt a new rider for General
Services Commission on Frequent Flyer Bonus Credits. The
rider was amended without objection. The motion to adopt is
put to a vote. By the showing-of-hands, the motion was adopted
as amended.
Representative Raymond moves to adopt a new rider for Texas
Railroad Commission on alternative fuels. The motion was
adopted.
Representative Coleman moves to adopt a new rider on the Texas
Workforce Commission allowing for use of the voucher system.
The motion is adopted.
Representative Delisi moves to adopt a pending rider on
defense infrastructure support for TDOC. The motion was
adopted.
Chairman Junell moves to reconsider and adopt a new rider for
the Texas Department of Protective and Regulatory Services
authorizing UB carry forward for funds from Alternative
Services. The motion was previously laid out by Representative
Coleman and placed in Article XI. The motion is reconsidered
for placement under the agency. The motion was adopted.
Chairman Glaze moves to adopt the packet outlining language
and action for the funds swap to TANF for Texas Workforce
Commission, Department of Human services, Texas Education
Agency, Texas Department of Commerce, and Texas Department of
Protective and Regulatory Services . The packet is amended.
The motion was adopted as amended.
Representative Heflin moves to adopt a new rider on HOME block
grants at the TDHCA. The motion was adopted.
Representative Cuellar lays out a rider for Communities in
schools at TEA. The motion is withdrawn.
Representative Swinford moves to adopt a rider on compensatory
education at TEA. The motion is withdrawn.
Representative Greenberg moves to increase the funding at the
Texas School for the Blind and Visually Impaired for debt
service to remodel the 80 year old dorms. The motion is
adopted.
Representative Coleman moves to add a rider with revised
language on the University of Houston. The motion is adopted.
Representative Junell moves to adopt new language on Academic
measures for scholarship athletic programs for each
institution under Special Provisions in Article III. The
motion was adopted.
Representative Finnell moves to adopt a new rider on the rural
rail district for the Texas Transportation Institute. The
motion was adopted.
Representative Delisi moves to add a rider on the TT Health
Science Center to address the critical need for public health
professionals. The motion is amended to include UNTHSC and T
A&M HSC. The motion was adopted.
Representative Delisi moves to adopt amended language on the
cooperative working of A&M HSC and listed hospitals. The
motion was adopted.
Representative Delisi moves to adopt a revised rider for Rider
3 under the Texas A&M University Health Science Center. The
motion was adopted.
Representative Gallego moves to adopt a new rider on Family
Practice Residency and Primary Care Residency under the THECB.
The motion is adopted.
Representative Cuellar moves to adopt a revision to Special
Provisions Article III Rider 20. The motion was adopted.
Representative Cuellar moves to adopt a revision to Public
Community/ Junior Colleges Rider 8, Texas State University
System Central Office Rider 3, and TSTC Special Provisions
Section 10. The motion is adopted.
Representative Swinford moves to adopt a method of finance
change on the Feed Institute. This is put in Article XI.
Representative Cuellar moves to adopt a rider for Texas
Southern University to establish and implement accountability.
The motion was adopted.
Representatives Hernandez and Cuellar move to adopt a
revision to rider 1 on the University of Texas Health Science
Center at San Antonio on South Texas/Border Region Health
Professional Education. The motion was adopted.
Representative Heflin moves to adopt a new rider for the Texas
Agricultural Extension Service on urban extension education.
The motion was adopted.
Representative Cuellar moves to adopt a new rider in Special
Provisions Article III on tenure requirements. The motion was
adopted.
Representative Cuellar moves to adopt a new rider in Special
Provisions Article III on Academic boot camp programs. The
motion was adopted.
Representative Cuellar moves to adopt a new rider in Special
Provisions Article III on Athletic program benchmarks. The
motion was adopted.
Representative Kubiak moves to adopt a rider on the
Cosmetology Commission on continuing education. The motion
was adopted.
Representative Raymond moves to add a contingency rider on
TDL&R for the combination of 26 agencies. A vote by the
show- of- hands was taken. The motion fails.
Chairman Junell moves to change the method of finance for TDH,
DHS and TDCJ to realize $300 million in unexpended balances.
The motion was adopted.
Representative Heflin moves to adopt a new rider for the
Lottery Commission on standards of conduct for employees.
The motion was adopted.
Representative Davis moves to adopt an intent rider for
Project Rio, TWC. The motion was adopted.
Representative Walker moves to add a clarification rider to
TJPC for the transfer of funds from TCADA. LBB advises to
put the rider under TCADA. The motion was adopted as amended.
Representative Walker moves add a rider granting U.B.
authority to the Court of Criminal Appeals for Death Penalty
Habeas Representation.
Chairman Junell thanks the staff and members for their efforts
and hard work. There being no further pending items, Chairman
Junell gavels the budget proposal closed as amended and
instructs the LBB to begin final proofing and reprinting with
the committees amendments and new language.
At 2:10 pm, on the motion of the chair and without objection,
the meeting was adjourned subject to the call of the chair.
______________________
Rep. Robert Junell, Chair
______________________
Janis Carter, Clerk