MINUTES
SENATE COMMITTEE ON FINANCE
Tuesday, March 25, 1997
9:00 am
Capitol Extension, Room E1.036
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Finance was
held on Tuesday, March 25, 1997 in the Capitol Extension, Room
E1.036, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Bill Ratliff Senator Teel Bivins
Senator Carlos Truan Senator J.E. Brown
Senator Kenneth Armbrister Senator Eddie Lucio,
Jr.
Senator Gonzalo Barrientos Senator Jane Nelson
Senator Mike Moncrief Senator Jeff Wentworth
Senator David Sibley Senator Royce West
Senator Judith Zaffirini
*****
The Chair called the meeting to order at 9:05 am. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Teel Bivins
Senator J.E. Brown
Senator Eddie Lucio, Jr.
Senator Jane Nelson
Senator Jeff Wentworth
Senator Royce West
The Chair laid out HB 1 and recognized the Senate sponsor,
Senator Ratliff, to explain the bill.
Senator Ratliff sent up a committee substitute; the Chair
recognized Senator Ratliff to explain the difference between
the committee substitute and the bill as filed. Senator
Ratliff moved adoption of the committee substitute, without
objection, it was so ordered.
The Chair then laid out a packet of proposed amendments to
Article 11 and the following business transacted:
Article I - General Government
The Chair laid out Rider 2 (Attorney General's Office) and
recognized Senator Zaffirini to explain the rider. Senator
Zaffirini moved adoption of Rider 2; without objection, it was
so ordered.
The Chair laid out Motion 12 (Human Rights Commission) and
recognized Senator Barrientos to explain the motion. Senator
Barrientos moved adoption of Motion 12; without objection, it
was so ordered.
Article II - Health and Human Services
The Chair laid out Rider 5 (Texas Commission Alcohol and Drug
Abuse (TCADA)) and recognized Senator West to explain the
rider. Senator West withdrew Rider 5.
The Chair laid out Rider 6 (TCADA) and recognized Senator West
to explain the rider. Senator West withdrew Rider 6.
The Chair laid out Rider 14 (Texas Department of Health (TDH))
and recognized Senator Sibley to explain the rider. Senator
Sibley moved adoption of Rider 14. The motion carried with 8
ayes, 5 nays, 0 present not voting, and 0 absent.
The Chair laid out Rider 15 (TDH) and recognized Senator
Nelson to explain the rider. Senator Ratliff moved to table
Rider 15; without objection, it was so ordered.
The Chair laid out Rider 16 (Health and Human Services
Commission) and recognized Senator Moncrief to explain the
motion. Senator Moncrief withdrew Rider 16.
The Chair laid out Motion 17 (Department of Human Services
(DHS)) and recognized Senators Armbrister and Wentworth to
explain the motion. Senator Armbrister moved adoption of
Motion 17; without objection, it was so ordered.
The Chair laid out Motions 20, 21, and 22, (DHS/TANF) and
recognized Senator Lucio to explain the motions. Senator
Lucio withdrew Motion 20. Senator Lucio moved adoption of
Motions 21 and 22; without objection, it was so ordered.
The Chair laid out Rider 24 (DHS) and recognized Senator Lucio
to explain the rider. Senator Lucio withdrew Rider 24.
The Chair laid out Motion 29 (MHMR) and recognized Senator
Bivins to explain the motion. Senator Bivins moved adoption
of Motion 29; without objection, it was so ordered.
The Chair lad out Motion 30 (MHMR) and recognized Senator
Bivins to explain the motion. Senator Bivins moved adoption
of Motion 30; without objection, it was so ordered.
The Chair laid out Rider 32 (MHMR) and recognized Senator
Moncrief to explain the rider. Senator Moncrief moved
adoption of Rider 32; without objection, it was so ordered.
The Chair laid out Motion 33 (MHMR) and recognized Senator
Moncrief to explain the motion. Senator Moncrief moved
adoption of Motion 33; without objection it was so ordered.
The Chair laid out Substitute Motion 33 (MHMR) and recognized
Senator Bivins to explain the substitute motion. Senator
Bivins moved to reconsider the previous action on Motion 33;
without objection, it was so ordered. Senator Moncrief then
withdrew Motion 33. Senator Bivins moved adoption of
Substitute Motion 33; without objection, it was so ordered.
The Chair laid out Motion 36 (TANF Plan - Department of
Protective and Regulatory Services (PRS)) and recognized
Senator Lucio to explain the motion. Senator Lucio moved to
amend the last paragraph, line 2, by replacing "shall" with
"may"; without objection, it was so ordered. Senator Lucio
then moved adoption of Motion 36 as amended; without
objection, it was so ordered.
The Chair laid out Rider 42 (PRS) and recognized Senator West
to explain the rider. Senator West moved to amend paragraph
one, line 3 by replacing "shall" with "may"; without
objection, it was so ordered. Senator West then moved
adoption of Rider 42 as amended; without objection, it was so
ordered.
The Chair laid out Rider 46 (PRS) and recognized Senator
Zaffirini to explain the rider. Senator Zaffirini moved
adoption of Rider 46; without objection, it was so ordered.
Article III - Education
The Chair laid out Rider 5 (Texas Education Agency (TEA)) and
recognized Senator Lucio to explain the rider. Senator Lucio
moved to amend the last sentence by inserting "as if levied in
the 96-97 school year" before the "."; without objection, it
was so ordered. Senator Lucio then moved to adopt Rider 5 as
amended; without objection, it was so ordered.
The Chair laid out Motion 6 (TEA) and recognized Senator
Bivins to explain the motion. Senator moved to amend the
first paragraph striking the last sentence which reads: "Each
dyslexia coordinator shall be a certified reading specialist
and shall be trained by a person certified in the recognized
teaching strategies needed by students with dyslexia and
related disorders." Without objection, it was so ordered.
Senator Bivins then moved adoption of Motion 6 as amended.
The Chair laid out Motion 14 (Private Donations for Minority
Students) and recognized Senator Barrientos to explain the
motion. Senator Barrientos moved adoption of Motion 14;
without objection, it was so ordered.
The Chair laid out Motion 15 (Admissions, Scholarships, and
Financial Aid) and recognized Senator Barrientos to explain
the motion. Senator Barrientos moved to amend the last
paragraph, line 6, striking the words "shall also" and replace
with the words "are encouraged to." Without objection, it was
so ordered. Senator Barrientos then moved adoption of Motion
15 as amended; without objection, it was so ordered.
The Chair laid out Rider 17 (Texas Higher Education
Coordinating Board (THECB)) and recognized Senator Truan to
explain the rider. Senator Truan moved to amend the rider by
changing "disadvantage" to "disadvantaged"; without objection,
it was so ordered. Senator Truan then moved to adopt Rider 17
as amended; without objection, it was so ordered.
The Chair laid out Rider 33 (University of Texas - San
Antonio) and recognized Senator Wentworth to explain the
rider. Senator Wentworth withdrew Rider 33.
The Chair laid out Motion 37 (Texas A&M - Kingsville) and
recognized Senator Truan to explain the motion. Senator Traun
withdrew Motion 37.
The Chair laid out Motion 38 (Texas A&M - Kingsville) and
recognized Senator Truan to explain the motion. Senator Truan
moved adoption of Motion 38; without objection, it was so
ordered.
The Chair laid out Motion 40 (Texas A&M University -
Texarkana) and recognized Senator Ratliff to explain the
motion. Senator Ratliff withdrew Motion 40.
The Chair laid out Motion 41 (Texas A&M University - Commerce)
and recognized Senator Ratliff to explain the motion. Senator
Ratliff withdrew Motion 41.
Article IV - Judiciary
The Chair laid out Motion 5 (Comptroller's Department) and
recognized Senator Lucio to explain the motion. Senator Lucio
moved to amend line 2 by inserting "/or" after "744 and" and
by inserting "or similar legislation" after "SB 1777";without
objection, it was so ordered. Senator Lucio then moved
adoption of Motion 5 as amended; without objection, it was so
ordered.
The Chair laid out Motion 6 (Comptroller's Department) and
recognized Senator Truan to explain the motion. Senator Truan
moved to amend the motion by inserting "contingent upon
passage of certain legislation." Senator Truan then moved
adoption of Motion 6 as amended; without objection, it was so
ordered.
The Chair laid out Rider 8 (Judicial Salaries) and recognized
Senator Wentworth to explain the rider. Senator Wentworth
withdrew Rider 8.
The Chair laid out Rider 9 (Comptroller's Judiciary Section)
and recognized Senator Zaffirini to explain the rider.
Senator Zaffirini moved to amend line 2 by inserting "or
similar legislation" after "75th Legislature)"; without
objection, it was so ordered. Senator Zaffirini then moved
adoption of Rider 9 as amended; without objection, it was so
ordered.
The Chair laid out Motion 11 (Special Provisions) and
recognized Senator Brown to explain the motion. Senator Brown
moved adoption of Motion 11; without objection, it was so
ordered.
Article V - Public Safety and Criminal Justice
The Chair laid out Motion 6 (Department of Criminal Justice
(TDCJ)) and recognized Senator Barrientos to explain the
motion. Senator Barrientos moved adoption of Motion 6;
without objection, it was so ordered.
The Chair laid out Motion 11 (Department of Public Safety
(DPS)) and recognized Senator Ratliff to explain the motion.
Senator Ratliff withdrew Motion 11.
The Chair laid out Motion 16 (Peace Officers) and recognized
Senator Barrientos to explain the motion. Senator Barrientos
withdrew Motion 16.
Article VI - Natural Resources
The Chair laid out Riders 1 and 2 (Department of Agriculture)
and recognized Senators Lucio and Truan to explain the riders.
Senator Lucio moved to combine Riders 1 and 2 and replace
"Department of Agriculture" with "General Services
Commission"; without objection, it was so ordered.
The Chair laid out Rider 6 (General Land Office) and
recognized Senator West to explain the rider. Senator West
withdrew Rider 6.
Article VII - Business and Economic Development
The Chair laid out Rider 4 (Department of Housing and
Community Affairs (TDHCA)) and recognized Senator Lucio to
explain the rider. Senator Lucio moved to amend line 5 by
inserting
"or other funds received" after "or proceeds"; without
objection, it was so ordered.
The Chair laid out Rider 9 (TDHCA) and recognized Senator West
to explain the rider. Senator West moved adoption of the
rider; without objection, it was so ordered.
The Chair laid out Motion 18 (Workforce Commission (TWC)) and
recognized Senator Barrientos to explain the motion. Senator
Barrientos withdrew the motion.
The Chair laid out Rider 19 (TWC) and recognized Senator
Wentworth to explain the rider. Senator Wentworth withdrew
the rider.
The Chair laid out Motion 20 (TWC) and recognized Senator
Barrientos to explain the motion. Senator Barrientos moved
adoption of Motion 20; without objection, it was so ordered.
Article VIII - Regulatory
The Chair laid out Motion 10 (Medical Examiners) and
recognized Senator Zaffirini to explain the motion. Senator
Zaffirini withdrew Motion 10.
Article IX - General Provisions
The Chair laid out Motion 1 (State Employee Travel) and
recognized Senator Barrientos to explain the motion. Senator
Barrientos moved adoption of Motion 1; without objection, it
was so ordered.
Article X - The Legislature
The Chair laid out Rider 1 (Travel and Lodging) and recognized
Senator Wentworth to explain the rider. Senator Wentworth
withdrew the rider.
Supplemental Motions (not included in previous packet)
The Chair laid out a supplemental motion regarding the Texas
Commission on Human Rights and recognized Senator Lucio to
explain the rider. Senator Lucio moved to amend the rider by
adding the language "subject to passage of SB 31"; without
objection, it was so ordered. Senator Lucio., then moved to
adopt the rider as amended; without objection, it was so
ordered.
The Chair laid out a supplemental motion regarding
TEA-Competitive Bidding and recognized Senator Wentworth to
explain the motion. Senator Wentworth sent up a substitution
motion and moved it adoption; without objection, it was so
ordered.
The Chair laid out a supplemental motion regarding the Texas
Racing Commission fund and recognized Senator Armbrister to
explain the rider. Senator Armbrister moved to adopt the
supplemental rider; without objection, it was so ordered.
The Chair laid out a supplemental motion regarding TEA and
recognized Senator Wentworth to explain the rider. Senator
Wentworth withdrew the rider.
The Chair laid out a supplemental motion regarding MHMR and
recognized Senator Sibley to explain the rider. Senator
Sibley moved adoption of the rider; without objection, it was
so ordered.
The Chair laid out a supplemental motion regarding TDH-Family
Planning Money and recognized Seator Wentworth to explain the
rider. Senator Wentworth moved adoption of the rider; without
objectin, it was so ordered.
The Chair laid out a supplemental motion regarding
TCADA-notificatin of regional funds distribution and
recognized Senator West to explain the rider. Senator West
moved adoption of the rider; without objection, it was so
ordered.
The Chair laid out a supplemental motion regarding University
of Texas at San Antonio and recognized Senator Wentworth to
explain the rider. Senator Wentworth moved adoption of the
rider; without objection, it was so ordered.
The Chair laid out a supplemental motion (Correction to Motion
7 - Comptroller's Department) and recognized Senator Wentworth
to explain the motion.
The Chair laid out a supplemental motion regarding the
Adjutant General and recognized Senator Ratliff to explain the
rider. Senator Ratliff moved adoption of the motion; without
objection it was so ordered.
The Chair laid out a supplemental motion regarding the
National Guard Armory Board and recognized Senator Ratliff to
explain the rider. Senator Ratliff moved adoption of the
motion; without objection, it was so ordered.
The Chair laid out a supplemental rider regarding TDCJ and
recognized Senator Brown to explain the rider. Senator Brown
moved adoption of the rider; without objection it was so
ordered.
The Chair laid out a supplemental rider regarding the
Department of Transportation and recognized Senator Brown to
explain the rider. Senator Brown moved adoption of the rider;
without objection, it was so ordered.
The Chair laid out a supplemental rider regarding the Credit
Union Department and recognized Senator recognized Senator
Armbrister to explain the rider. Senator Armbrister withdrew
the rider.
The Chair laid out a supplemental motion regarding the Board
of Architectural Examiners and recognized Senator Ratliff to
explain the motion. Senator Ratliff moved adoption of the
motion; without objection, it was so ordered.
The Chair laid out a supplemental rider regarding the Texas
Department of Insurance and recognized Senator Sibley to
explain the rider. Senator Sibley moved adoption of the
rider; without objection it was so ordered.
The Chair laid out a supplemental rider regarding the Youth
Services in Southern Dallas and recognized Senator West to
explain the rider. Senator West moved adoption of the rider;
without objection, it was so ordered.
The Chair laid out another supplemental rider regarding Youth
Services in Southern Dallas and recognized Senator West to
explain the rider. Senator West moved adoption of the rider;
without objection, it was so ordered.
The Chair laid out a supplemental motion regarding TEA-Texas
Council on Economic Education and recognized Senator Brown to
explain the motion. Senator Brown moved adoption of the
supplemental motion; without objection, it was so ordered.
The Chair laid out a supplemental motion regarding a $100
across the board salary increase for state employees and
recognized Senator Ratliff to explain the motion. Senator
Ratliff moved to amend the rider by excluding elected-class
employees; without objection, it was so ordered. Senator
Barrientos moved to amend the motion by striking "$100/month"
and inserting "$200/month"; without objection, it was so
ordered.
Senator Ratliff moved to strike "tuition revenue bonds"
language from the bill; without objection, it was so ordered.
Senator Ratliff moved adoption of all remaining
motions/riders that did not warrant discussion; without
objection, it was so ordered.
The following witnesses were called on by the Committee to
answer questions regarding specific motions/riders:
David Anderson, representing Texas Education Agency.
John Gavin, representing Texas Department of Housing and
Community
Jeff Frank, representing General Land Office
Don Gilbert, representing Texas Department of Mental
Health and Mental Retardation
William Hale, representing Texas Commission on Human
Rights
Nancy M. Malady, representing Bexar Metropolitan Water
District
Bill Moorhead, representing Comptroller of Public
Accounts
Allan Parker, representing Texas Justice Foundation
Will R. Wilson, Jr., representing Dallas Society for
Visually Impaired
The following witnesses registered on HB1, but did not
testify:
Dr. Ramiro R. Casso, representing South Texas Community
College
Dr. Shirley A. Reed, representing South Texas Community
College
T.R. (Tom) Locke, Jr., representing T.U. Electric
(Comanche Peak Plant)
E.C. Smith, representing Department of Public Safety
Emergency Management
The following witnesses registered in favor of HB1, but did
not testify:
Kevin Purcell, representing Driscoll Children's Hospital
Ron Tupper, representing Self
Senator Ratliff requested unanimous consent to incorporate all
adopted motions/riders into the committee substitute. Senator
Ratliff then moved that the new committee substitute be
adopted. Senator Ratliff moved that HB 1 do not pass but that
CSHB 1 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent.
Senators Brown, Lucio, Jr., and Moncrief requested unanimous
consent to be shown voting aye on the previous motion; without
objection, the final vote was 13 ayes, 0 nays, 0 present not
voting, and 0 absent.
The Chair laid out SB 31 and recognized the author, Senator
Ratliff, to explain the bill. Senator Ratliff moved that SB
31 be left pending; without objection, it was so ordered.
The Chair laid out SB 645 and recognized the author, Senator
Armbrister, to explain the bill. Senator Armbrister moved
that SB 645 be left pending; without objection, it was so
ordered.
There being no further business, at 5:05 pm Senator Ratliff
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
Senator Bill Ratliff, Chair
______________________
Patricia Hicks, Clerk
Attachment: Motions for Changes to Article XI, CSSB 5, March
21, 1997