The House Committee on Appropriations
78th Legislature
March 31, 2003
8:00 a.m.
Capitol Extension, E1.030
Pursuant to a notice posted on March 26, 2003, and revised on
March 28, 2003, and twice on March 31, 2003, the House Committee
on Appropriations met in a public hearing and was called to
order by the chair, Representative Heflin, at 8:06 a.m.
The roll was answered as follows:
Present: Representatives Heflin; Berman; Brown, Fred;
Crownover; Davis, John; Deshotel; Eiland; Ellis;
Gutierrez; Hupp; Isett; Jones, Elizabeth; Menendez;
Pickett; Pitts; Raymond; Wohlgemuth (17).
Absent: Representatives Luna; Branch; Brown, Betty; Dukes;
Hamric; Hope; Kolkhorst; McClendon; Solis; Stick;
Truitt; Turner (12).
A quorum was present.
Testimony was taken. (See attached witness list.)
(Representative Stick now present.)
Representative Ellis moved to adopt the Unexpended Balances
rider for the budget of the Office of Court Administration,
Texas Judicial Council. Without objection, the motion was
adopted.
(Representative Branch now present.)(Representative Luna now
present.)(Representative Hamric now present.)(Representative
Truitt now present.)(Representative Hope now present.)
(Representative Turner now present.)(Representative Solis now
present.)(Representative McClendon now present.)(Representative
Brown, Betty now present.)
Representative Isett moved to adopt the Balanced Scorecard
Concept rider for Article IX. Without objection, the motion was
adopted.
(Representative Dukes now present.)
Representative Truitt moved to adopt the Funding for Abstinence
Sexual Education rider, Prohibition on Abortions rider, Family
Planning rider, Medical Treatment rider, Reporting of Child
Abuse rider, Notification of Regional Funds Distribution rider,
Increase Immunization rider, Dental Provider Participation
rider, and the Children with Special Health Care Needs rider as
laid out for the budget of the Department of Health.
At 8:55 a.m., on the motion of the chair and without objection,
the meeting was recessed until the adjournment of the House,
March 31, 2003.
The committee reconvened at 3:00 p.m. and was called to order by
the chair, Representative Heflin. The roll was answered as
follows:
Present: Representatives Heflin; Luna; Berman; Branch; Brown,
Betty; Brown, Fred; Davis, John; Deshotel; Dukes;
Eiland; Ellis; Gutierrez; Hope; Hupp; Isett; Jones,
Elizabeth; Kolkhorst; Menendez; Pickett; Pitts;
Raymond; Solis; Stick; Truitt; Wohlgemuth (25).
Absent: Representatives Crownover; Hamric; McClendon; Turner
(4).
A quorum was present.
(Representative McClendon now present.)
Representative Hope moved to adopt the Interoperability
Communications Equipment: Federal Funding rider for Article IX.
Without objection, the motion was adopted.
Representative Hope moved to adopt the Interoperability
Communications Equipment: All Appropriated Funding rider for
Article IX. Without objection, the motion was adopted.
(Representative Turner now present.)
Representative Hope moved to adopt the technical corrections as
laid out for Article IX regarding the Schedule of Exempt
Positions. Without objection, the motion was adopted.
(Representative Crownover now present.)
Representative Hope moved to strike the Radio Interoperability
riders previously adopted for the budgets of the Parks and
Wildlife Department, the Texas Alcoholic Beverage Commission,
the Department of Public Safety, and the Department of Criminal
Justice. Without objection, the motion was adopted.
Representative Luna moved to adopt the Contingency for
Communities in Schools rider as laid out for Article IX.
Without objection, the motion was adopted.
(Representative Luna in chair.)
(Representative Hamric now present.)
(Representative Heflin in chair.)
(Representative Luna in chair.)
At 4:05 p.m., on the motion of the chair and without objection,
the meeting was recessed until 5:00 p.m., March 31, 2003.
The committee reconvened at 6:19 p.m. and was called to order by
the chair, Representative Heflin. The roll was answered as
follows:
Present: Representatives Heflin; Luna; Berman; Branch; Brown,
Betty; Brown, Fred; Crownover; Davis, John; Deshotel;
Dukes; Eiland; Ellis; Gutierrez; Hamric; Hope; Hupp;
Isett; Jones, Elizabeth; Kolkhorst; McClendon;
Menendez; Pickett; Pitts; Raymond; Solis; Stick;
Truitt; Turner; Wohlgemuth (29).
Absent: None (0).
A quorum was present.
Representative Wohlgemuth moved to increase General Revenue
amounts to Article II agencies as laid out. Representative
Wohlgemuth further moved to add matching or related Federal
Funds to Article II agencies and adjust performance targets,
rider language, and FTE caps as appropriate. The motion
prevailed by the following record vote:
Ayes: Representatives Heflin; Luna; Berman;
Branch; Brown, Betty; Brown, Fred;
Crownover; Davis, John; Deshotel; Ellis;
Hamric; Hope; Hupp; Isett; Jones, Elizabeth;
Kolkhorst; McClendon; Menendez; Pickett;
Pitts; Raymond; Stick; Truitt; Turner;
Wohlgemuth (25).
Nays: None (0).
Present, Not Voting: Representatives Dukes; Eiland;
Gutierrez; Solis (4).
Absent: None (0).
Representative Wohlgemuth moved to adopt the Vendor Drug
Rebates-CHIP rider and the Use of Additional CHIP Experience
Rebates rider as laid out for the budget of the Health and Human
Services Commission. Without objection, the motion was adopted.
Representative Hupp moved to adopt the Tertiary Prevention of
Child Abuse Programs rider, Contract Quality Assurance rider,
Intensive Services to Parents rider, At-Risk Prevention Services
rider, Limitation on Expenditures for Administrative Overhead
rider, Communities in Schools Program rider, Rate Analysis and
Reporting Requirements rider, Child Protective Services Staff
rider, Provision of Direct Services rider, Limitation on
Expenditures rider, and the Adult Protective Services and MHMR
Investigations rider as laid out and amended for the budget of
the Department of Protective and Regulatory Services. Without
objection, the motion was adopted.
Representative Hupp moved to adopt the Training for CPS
Caseworkers rider for the budget of the Department of Protective
and Regulatory Services. Without objection, the motion was
adopted.
Representative Luna moved to adopt the changes in performance
measures as laid out for the Department of Protective and
Regulatory Services. Without objection, the motion was adopted.
Representative Wohlgemuth moved the adoption of the building
blocks and Method of Finance as recommended by the subcommittee
for the budget of the Health and Human Services Commission and
directed LBB staff to integrate the building blocks and the
Method of Finance into the bill pattern. Representative
Wohlgemuth further moved to adopt the changes to performance
measures, FTE levels for fiscal years 2004-2005, exempt salary
levels as indicated in the report or in the draft LBE and riders
as laid out and amended. The motion prevailed by the following
record vote:
Ayes: Representatives Heflin; Luna; Berman;
Branch; Brown, Betty; Brown, Fred;
Crownover; Davis, John; Gutierrez; Hamric;
Hope; Hupp; Isett; Jones, Elizabeth;
Kolkhorst; Pitts; Stick; Truitt; Wohlgemuth
(19).
Nays: Representatives Deshotel; Raymond (2).
Present, Not Voting: Representatives Dukes; Eiland; Ellis;
McClendon; Menendez; Pickett; Solis;
Turner (8).
Absent: None (0).
Representative Eiland moved to adopt the Audit of Medicaid Funds
rider, Community Resource Coordination Groups (CRCG) rider,
Medicaid Fraud Detection rider, Texas Demographic and Economic
Data Survey rider, TIERS Oversight rider, Assessments to Health
and Human Services Agencies rider, Maximize Federal
Reimbursement for Delinking Activities rider, Department of
Mental Health and Mental Retardation Feasibility Study rider,
Federal Funds for Prescription Drug Assistance rider, Mental
Health Services Demonstration Project rider, HIV/AIDS Services
Demonstration Project rider, Voluntary Medicaid Demonstration
Pilot rider, Custody Relinquishment Prevention Plan rider,
Enhanced Federal Match for Border Programs rider, Medical
Treatment rider, Reporting of Child Abuse rider, Payment of
Hospital Providers rider, Payments of Rural Hospitals under
Medicaid Managed Care rider, Payments to Rural Physicians under
Medicaid Managed Care rider, Medicaid Support and Information
Services rider, Medicaid Asthma Management Pilot Program rider,
Medicaid Provider Reimbursement rider, Prescription Drug
Cost-efficiency rider, and the Rate Analysis and Reporting
House Committee on Appropriations
3/31/2003
Requirements rider as laid out for the budget of the Health and
Human Services Commission. Without objection, the motion was
adopted.
Representative Eiland moved to adopt the Use of Local Funds for
211 Project rider for the budget of the Health and Human
Services Commission. Without objection, the motion was adopted.
Representative Eiland moved to adopt the Cancer Prevention rider
as laid out and amended for the budget of the Health and Human
Services Commission. Without objection, the motion was adopted.
Representative Eiland moved to adopt the Language Interpreter
Services rider as laid out for the budget of the Health and
Human Services Commission. Without objection, the motion was
adopted.
Representative Jones moved to adopt the Umbilical Cord Blood
Bank rider as laid out for the budget of the Health and Human
Services Commission. Without objection, the motion was adopted.
Representative Dukes moved to adopt the Medicaid Waiver for
Women's Health rider as laid out for the budget of the Health
and Human Services Commission. Without objection, the motion
was adopted.
The Chair moved to adopt technical corrections to the Tobacco
Rider previously adopted which transferred funds from Article
XII, Tobacco Settlement Receipts to the budget of the Health and
Human Services Commission. The Chair further directed LBB
staff to make the technical corrections to conform with actions
taken by the Committee. Without objection, the motion was
adopted.
(Representative Luna in chair.)
(Representative Heflin in chair.)
Representative Davis moved to adopt the Limitation of Specific
Strategy Transfers rider, Mental Retardation Local Authority
Waiver Program rider, Residential Services Funded by General
Revenue rider, Enhanced Equity rider, State School Funding
rider, Report on Local Authorities rider, Community Mental
Health and Mental Retardation Centers rider, State School
Funding and Staffing Levels rider, Barber and Cosmetology
Services rider, Surplus Property rider, Disposition of
Construction Appropriation rider, Road Construction and
Maintenance at State Facilities rider, Mexia State School
Medicaid-decertified Beds rider, Employee Meals rider, Maximum
Security Salaries rider, Fire Prevention and Safety rider,
Patient of Client Assistance rider, Language Interpreter
Services rider, State-Owned Housing Authorized rider,
Residential Providers rider, Placement Options rider, New
Generation Medications rider, Limit on Spending New Generation
House Committee on Appropriations
3/31/2003
Medication Funds rider, Home and Community-Based Services
Mid-Range Waiver rider, Performance Measure Adjustment rider,
Performance Measure Targets rider, and the Purchasing of
Medication rider as laid out for the budget of the Department of
Mental Health and Mental Retardation. Without objection, the
motion was adopted.
Representative Davis moved to adopt the State Hospital Closure
rider as laid out for the budget of the Department of Mental
Health and Mental Retardation. The motion failed by the
following record vote:
Ayes: Representatives Heflin; Berman; Branch;
Brown, Fred; Davis, John; Hope; Hupp; Pitts;
Wohlgemuth (9).
Nays: Representatives Luna; Brown, Betty;
Deshotel; Dukes; Eiland; Gutierrez; Hamric;
Isett; Jones, Elizabeth; Kolkhorst;
McClendon; Menendez; Pickett; Raymond; Solis
(15).
Present, Not Voting: Representatives Crownover; Truitt (2).
Absent: Representatives Ellis; Stick; Turner (3).
Representative Wohlgemuth moved the adoption of the building
blocks and Method of Finance as recommended by the subcommittee
for the budget of the Department of Human Services and directed
LBB staff to integrate the building blocks and the Method of
Finance into the bill pattern. Representative Wohlgemuth
further moved to adopt the changes to performance measures, FTE
levels for fiscal years 2004-2005, exempt salary levels as
indicated in the report or in the draft LBE and riders as laid
out. The motion prevailed by the following record vote:
Ayes: Representatives Heflin; Luna; Berman;
Branch; Brown, Betty; Brown, Fred;
Crownover; Davis, John; Hamric; Hope; Hupp;
Isett; Jones, Elizabeth; Kolkhorst; Pitts;
Stick; Truitt; Wohlgemuth (18).
Nays: Representatives Deshotel; Raymond (2).
Present, Not Voting: Representatives Dukes; Eiland;
Gutierrez; McClendon; Menendez;
Pickett; Solis; Turner (8).
Absent: Representative Ellis (1).
Representative Dukes moved to adopt the Pediatric Care in
Nursing Facilities rider, TANF Grants rider, Full-time
Equivalent Positions (FTE)-Local and Federal Funds rider,
Promoting Independence rider, Limitation: Transfer Authority
House Committee on Appropriations
3/31/2003
rider, and the Crime Victims Compensation Fund raider as laid
out and amended for the budget of the Department of Human
Services. Without objection, the motion was adopted.
Representative Wohlgemuth moved to adopt the Special Provisions
Relating to All Health and Human Services Agencies as laid out.
Without objection, the motion was adopted.
Representative Truitt moved to adopt the County Indigent Health
Care rider as laid out for the Department of Health. Without
objection, the motion was adopted.
Representative Truitt moved to adopt the Use of Community Health
Services Funds rider as laid out for the budget of the
Department of Health. Without objection, the motion was
adopted.
Representative Luna moved to adopt the Automated External
Defibrillator (AED) Placement in State Buildings rider as laid
out for the Department of Health. Without objection, the motion
was adopted.
Representative Luna moved to adopt the Regional Emergency
Medical Dispatch Resource Center Pilot Program rider as laid out
for the Department of Health. Without objection, the motion was
adopted.
Representative Luna moved to adopt the Funding for the
Children's Outreach Heart Program rider as laid out for the
budget of the Department of Health. Without objection, the
motion was adopted.
Representative Raymond moved to adopt the State Fuel and Revenue
Savings rider as laid out and amended for Article IX. Without
objection, the motion was adopted.
Representative Fred Brown moved to adopt the Capital Budget
Reductions-Intent of the Legislature rider as laid out for
Article IX. Without objection, the motion was adopted.
Representative Luna moved to adopt the Article IX e-Texas rider
as laid out. Without objection, the motion was adopted.
Representative Turner moved to adopt the increases for Article V
as laid out. Representative Turner further moved to adopt any
changes to FTE levels for 2004-2005, performance measures, and
riders that occur as a result of this motion. Without
objection, the motion was adopted.
Representative Isett moved to reconsider the adoption of the
Article IX e-Texas rider. Without objection the motion was
adopted.
Representative Pitts moved to adopt the amendments as laid out
and revised for the Article IX e-Texas rider of Article IX.
House Committee on Appropriations
3/31/2003
Without objection, the motion was adopted.
Representative Eiland moved to adopt the Criminal Background
Checks rider as laid out for the budget of the Department on
Aging. Without objection, the motion was adopted
Representative Wohlgemuth moved to adopt the Transfer Authority
rider as laid out for Article II, Special Provisions Relating to
All Health and Human Services Agencies. Without objection, the
motion was adopted.
Representative Davis moved to adopt the Reimbursement Rates for
Large Facilities rider as laid out and amended for Article II,
Special Provisions Relating to all Health and Human Services
Agencies. Without objection, the motion was adopted.
Representative Davis moved to adopt the Staff Recruitment and
Retention rider as laid out for Article II, Special Provisions
Relating to all Health and Human Services Agencies. Without
objection, the motion was adopted.
Representative Davis moved to adopt the Mental Retardation
Medicaid Waiver rider as laid out for Article II, Special
Provisions Relating to all Health and Human Services Agencies.
Without objection, the motion was adopted.
Representative Dukes moved to adopt the Capital Purchases on
Behalf of other Government Entities or Service Providers rider
as laid out for the budget of the Department of Human Services.
Without objection, the motion was adopted.
Representative Wohlgemuth moved to adopt the Assessment Tool for
Community Care rider as laid out and amended for the budget of
the Department of Human Services. Without objection, the motion
was adopted.
Representative Davis moved to adopt the Future of Mental
Retardation Service Delivery rider as laid out for the
Department of Mental Health and Mental Retardation. Without
objection, the motion was adopted.
Representative Davis moved to adopt the Efficiencies at Local
Mental Health and Mental Retardation Authorities rider as laid
out for the budget of the Department of Mental Health and Mental
Retardation. Without objection, the motion was adopted.
Representative Davis moved to adopt the State School Cost
Savings rider as laid out for the budget of the Department of
Mental Health and Mental Retardation. Without objection, the
motion was adopted.
(Representative Luna in chair.)
Representative Dukes moved to adopt the State Hospital Closure
House Committee on Appropriations
3/31/2003
rider as laid out for the Department of Mental Health and Mental
Retardation. Without objection, the motion was adopted.
(Representative Heflin in chair.)
Representative Turner moved to adopt the East Texas Assembly
Planning Areas rider as laid out for the budget of the
Department of Health. Without objection, the motion was
adopted.
Representative Pickett moved to adopt the technical correction
as laid out to reduce the funding level already adopted by the
Committee for the budget of the Parks and Wildlife Department.
Representative Pickett further moved to authorize LBB staff to
make other changes in the Method of Finance and riders, as
needed. Without objection, the motion was adopted.
Representative Pickett moved to remove previously adopted
strategy amounts and amend the text for the Auto Theft
Prevention Appropriation rider as laid out for the Department of
Transportation. Without objection, the motion was adopted.
Representative Luna moved to adopt the Job Training for High
Demand Occupations rider as laid out for the budget of the Texas
Workforce Commission. Without objection, the motion was
adopted.
Representative Kolkhorst moved to adopt the Transfer of Funds:
Energy Center rider as laid out for the budget of the Department
of Economic Development. Without objection, the motion was
adopted.
Representative Branch moved to adopt the Mental Health Services
rider as laid out and amended for the budget of the Department
of Mental Health and Mental Retardation. Without objection, the
motion was adopted.
Representative Pitts moved to adopt the Rural
Agricultural/Business Incubator and Accelerator rider as laid
out for the budget of West Texas A&M University. Without
objection, the motion was adopted.
Representative Pitts moved to adopt the Small Business
Development Center rider as laid out for the budget of West
Texas A&M University. Without objection, the motion was
adopted.
Representative Pitts moved to replace the existing Investment
Capital Fund rider with the Academic Enrichment rider as laid
out for the budget of the Texas Education Agency. Without
objection, the motion was adopted.
Representative Branch moved to adopt the Technology Workforce
Development rider as laid out for the budget of the Higher
House Committee on Appropriations
3/31/2003
Education Coordinating Board. Without objection, the motion
was adopted.
Representative Pitts moved to adopt the Contingency
Appropriation: House Bill 5 rider as laid out for the budget of
the Texas Education Agency. Without objection, the motion was
adopted.
Representative Pitts moved to provide additional revenue to
institutions of higher education as laid out for the appropriate
budgets in Article III-Higher Education. Representative Pitts
further moved to direct the allocation of funds in the Texas
Education Agency's bill pattern as laid out. Without objection,
the motion was adopted.
Representative Turner moved to adopt the Article IX General
Provisions-Intent of the Legislature rider that will be
forwarded to the conference committee on the Appropriations bill
for funding consideration of items listed if revenue should
become available. Without objection, the motion was adopted.
At 1:30 a.m., on the motion of the chair and without objection,
the meeting was adjourned until 8:00 a.m., April 2, 2003.
________________________
Rep. Heflin, Chair
________________________
Angela Pena, Clerk