MINUTES 
                                           
                            SENATE COMMITTEE ON FINANCE 
                                Friday, May 23, 2003 
                                     9:00 a.m. 
                           Capitol Extension, Room E1.036 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Finance was  
         held on Friday, May 23, 2003, in the Capitol Extension, Room  
         E1.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Teel Bivins                     None 
         Senator Judith Zaffirini 
         Senator Kip Averitt 
         Senator Gonzalo Barrientos 
         Senator Kim Brimer 
         Senator Robert Duncan 
         Senator Kyle Janek 
         Senator Jane Nelson 
         Senator Steve Ogden 
         Senator Florence Shapiro 
         Senator Eliot Shapleigh 
         Senator Todd Staples 
         Senator Royce West 
         Senator John Whitmire 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:31 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         At 9:40 a.m. Senator Barrientos assumed the chair.   
          
         The chair laid out HB 1941 and recognized the Senate sponsor,  
         Senator Bivins, to explain the bill.  Senator Bivins sent up a  
         committee substitute; the chair recognized Senator Bivins to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Bivins moved adoption of the committee  
         substitute; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Shapiro sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Bivins moved that HB 1941 do not  
         pass but that CSHB 1941 as amended be reported back to the  
         Senate with the recommendation that it do pass and be printed.   
  
         The motion carried with a record vote of 9 ayes, 1 nay, 0  
         present not voting, and 5 absent.  The bill was again considered  
         later in the hearing.  Senator Bivins moved to reconsider the  
         motion on the previous vote; without objection, it was so  
         ordered.  Senator Bivins sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Bivins requested unanimous consent to incorporate the amendments  
         into the committee substitute; without objection, it was so  
         ordered.  Senator Bivins moved that the new committee substitute  
         be adopted; without objection, it was so ordered.  Later in the  
         hearing, Senator Bivins moved that HB 1941 do not pass but that  
         CSHB 1941 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 11 ayes, 1 nay, 0 present not voting, and 3  
         absent.        
          
         At 9:51 a.m. Senator Bivins resumed the chair.   
          
         The chair laid out HB 3074 and recognized the Senate sponsor,  
         Senator Staples, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Bivins moved that HB 3074  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples moved that  
         HB 3074 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 12 ayes, 0 nay, 0 present not  
         voting, and 3 absent.  Senator Staples moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 10:00 a.m. Senator Shapiro assumed the chair.   
          
         The chair laid out HB 2292 and recognized the Senate sponsor,  
         Senator Nelson.  The committee substitute for HB 2292 was  
         adopted the previous day.  Senator Nelson sent up Committee  
         Amendment 1 and moved adoption; without objection, the amendment  
         was adopted.  Senator Nelson sent up Committee Amendment 2 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Nelson sent up Committee Amendment 3 and moved adoption;  
         without objection, the amendment was adopted.  Senator Nelson  
         sent up Committee Amendment 4 and moved adoption; without  
         objection, the amendment was adopted.  Senator Nelson sent up  
         Committee Amendment 5 and moved adoption; without objection, the  
         amendment was adopted.      
          
         At 10:06 a.m. Senator Bivins resumed the chair.   
          
         Senator Nelson sent up Committee Amendment 6 and moved adoption;  
         without objection, the amendment was adopted.  Senator Nelson  
         sent up Committee Amendment 7 and moved adoption; without  
         objection, the amendment was adopted.  Senator Nelson sent up  
         Committee Amendment 8 and moved adoption; without objection, the  
         amendment was adopted.  Senator Nelson sent up Committee  
  
         Amendment 9 and moved adoption; without objection, the amendment  
         was adopted.  Senator Nelson sent up Committee Amendment 10 and  
         moved adoption.  The motion failed by a record vote of 5 ayes, 6  
         nays, 0 present not voting, and 4 absent.  Senator Nelson sent  
         up Committee Amendment 11 and moved adoption.  The motion failed  
         by a record vote of 7 ayes, 4 nays, 0 present not voting, and 4  
         absent.  Senator Nelson pulled down Committee Amendment 12.   
         Senator Nelson sent up Committee Amendment 13 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Nelson sent up Committee Amendment 14 and moved adoption;  
         without objection, the amendment was adopted.  Senator Nelson  
         sent up Committee Amendment 15 and moved adoption; without  
         objection, the amendment was adopted.  Senator Nelson sent up  
         Committee Amendment 16 and moved adoption; without objection,  
         the amendment was adopted.  
          
         Senator Bivins stated that some rulings on motions made in the  
         past may not have been consistent with the committee rules.   
         Senator Staples moved to validate all previous actions; without  
         objection, it was so ordered. 
          
         Senator Shapleigh sent up Committee Amendment 17 and moved  
         adoption.  The motion failed by a record vote of 4 ayes, 6 nays,  
         0 present not voting, and 5 absent. Senator Shapleigh sent up  
         Committee Amendment 18 and moved adoption.  The motion carried  
         with a record vote of 8 ayes, 3 nays, 0 present not voting, and  
         4 absent.  Senator Shapleigh sent up Committee Amendment 19 and  
         moved adoption.  The motion carried by a record vote of 6 ayes,  
         4 nays, 0 present not voting, and 5 absent.  Senator West sent  
         up Committee Amendment 20 and moved adoption.  The motion failed  
         by a record vote of 3 ayes, 7 nays, 0 present not voting, and 5  
         absent.  Witnesses testifying and registering on the bill are  
         shown on the attached list.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Nelson moved that HB 2292 do not pass but that CSHB 2292  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 9 ayes, 2 nays, 0 present not voting, and 4 absent.  Later in  
         the hearing, Senator Janek moved to reconsider the motion on the  
         previous vote; without objection, it was so ordered.  Senator  
         Janek moved to reconsider the committee substitute that had  
         already been adopted; without objection, it was so ordered.   
         Senator Janek requested unanimous consent to incorporate all  
         adopted amendments into the committee substitute; without  
         objection, it was so ordered.  Senator Janek then moved that the  
         new committee substitute be adopted; without objection, it was  
         so ordered.  Senator Janek moved that HB 2292 do not pass but  
         that CSHB 2292 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 3 nays, 0 present not  
         voting, and 3 absent.    
          
         At 11:01 a.m. Senator Bivins moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.     
  
         At 2:41 p.m. the committee reconvened.   
          
         At 2:41 p.m. Senator Zaffirini assumed the chair.   
          
         At 2:42 p.m. Senator Bivins resumed the chair.   
          
         The chair laid out HB 3442 and recognized the Senate sponsor,  
         Senator Averitt, to explain the bill.  Senator Averitt sent up a  
         committee substitute; the chair recognized Senator Averitt to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Averitt moved adoption of the committee  
         substitute; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Averitt moved that HB 3442 do not pass but that CSHB  
         3442 be reported back to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 12 ayes, 0 nay, 0 present not voting, and 3 absent.     
          
         The chair laid out HB 651 and recognized the Senate sponsor,  
         Senator Williams, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  The bill was left pending until  
         the following day. 
          
         At 2:58 p.m. Senator Zaffirini assumed the chair.   
          
         The chair laid out HB 2416 and recognized Senator Nelson, in the  
         absence of the Senate sponsor, to explain the bill.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Zaffirini moved  
         that HB 2416 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Janek moved that HB 2416 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 11 ayes, 0 nay, 0 present  
         not voting, and 4 absent.  Senator Janek moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.     
          
         The chair laid out HB 3607 and recognized Senator Averitt, in  
         the absence of the Senate sponsor, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  The bill was left  
         pending until the following day. 
          
         The chair laid out HB 179 and recognized Senator Nelson, in the  
         absence of the Senate sponsor, to explain the bill.  There was  
         no public testimony on the bill.  The bill was left pending  
         until the following day. 
  
                                                SENATE COMMITTEE ON FINANCE 
                                                                    Minutes 
                                                       Friday, May 23, 2003 
                                                                      page   5 
                                                                            
         At 3:22 p.m. Senator Zaffirini moved that the committee stand  
         recessed until 5:00 p.m; without objection, it was so ordered.   
          
         At 5:13 p.m. the committee reconvened.   
          
         The chair laid out HB 2424 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Zaffirini sent up a  
         committee substitute; the chair recognized Senator Armbrister to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Zaffirini moved adoption of the  
         committee substitute; without objection, it was so ordered.  The  
         bill was left pending until the following day.     
          
         At 5:20 p.m. Senator Zaffirini assumed the chair.   
          
         The chair laid out HB 3318 and recognized the Senate sponsor,  
         Senator Bivins, to explain the bill.  Senator Bivins sent up a  
         committee substitute; the chair recognized Senator Bivins to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Bivins moved adoption of the committee  
         substitute; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  The bill was left pending  
         until the following day. 
          
         The chair laid out HB 3459 and recognized the Senate sponsor,  
         Senator Bivins, to explain the bill.  Senator Bivins sent up a  
         committee substitute; the chair recognized Senator Bivins to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Bivins moved adoption of the committee  
         substitute; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Zaffirini moved  
         that HB 3459 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Bivins moved that HB 3459 do not pass but that CSHB 3459 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 9  
         ayes, 2 nays, 0 present not voting, and 4 absent.   
          
         At 6:15 p.m. Senator Bivins resumed the chair.   
          
         Senator Staples moved to reconsider the vote on the committee  
         substitute for CSHB3441 that was adopted the previous day; there  
         being no objection, it was so ordered.  Senator Staples sent up  
         a new committee substitute; the chair recognized Senator Staples  
         to explain the difference between the committee substitute and  
         the bill as filed.  Senator Staples moved adoption of the new  
         committee substitute; without objection, it was so ordered.   
  
                                                SENATE COMMITTEE ON FINANCE 
                                                                    Minutes 
                                                       Friday, May 23, 2003 
                                                                      page   6 
                                                                            
         Senator Bivins moved that HB 3459 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Staples moved that HB 3459 do not pass but that  
         CSHB 3459 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 11 ayes, 1 nay, 0 present not voting, and 3  
         absent.   
          
         The chair laid out HB 2425 and recognized the Senate sponsor,  
         Senator Duncan, to explain the bill.  Senator Duncan sent up a  
         committee substitute; the chair recognized Senator Duncan to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Duncan moved adoption of the committee  
         substitute; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  The bill was left pending  
         until the following day. 
          
         At 6:47 p.m. Senator Zaffirini assumed the chair.   
          
         The chair laid out HB 703 that was left pending from the  
         previous day.  Senator Janek moved that HB 703 be reported  
         favorably to the Senate with the recommendation that it do pass  
         and be printed.  The motion carried with a record vote of 12  
         ayes, 0 nay, 0 present not voting, and 3 absent.  Senator Janek  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.            
          
         The chair laid out HB 1278 that was left pending from the  
         previous day.  Senator Janek moved adoption of the committee  
         substitute that was laid out the previous day; without  
         objection, it was so ordered.  Senator Janek moved that HB 1278  
         be reported favorably to the Senate with the recommendation that  
         it do pass and be printed.  The motion carried with a record  
         vote of 12 ayes, 0 nay, 0 present not voting, and 3 absent.   
         Senator Janek moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered. 
          
         The chair laid out HJR 55 that was left pending from the  
         previous day.  Senator Janek moved that HJR 55 be reported  
         favorably to the Senate with the recommendation that it do pass  
         and be printed.  The motion carried with a record vote of 12  
         ayes, 0 nay, 0 present not voting, and 3 absent.       
          
         There being no further business, at 7:14 p.m. Senator Zaffirini  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         ______________________ 
  
                                                SENATE COMMITTEE ON FINANCE 
                                                                    Minutes 
                                                       Friday, May 23, 2003 
                                                                      page   7 
                                                                            
         Senator Teel Bivins, Chair                         
          
         ______________________ 
         Stephanie Hoover, Clerk