MINUTES 
                                           
                            SENATE COMMITTEE ON FINANCE 
                               Monday, March 7, 2005 
                                     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 Monday, March 7, 2005, in the Capitol Extension, Room  
         E1.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Steve Ogden                     Senator Florence Shapiro 
         Senator Judith Zaffirini 
         Senator Kip Averitt 
         Senator Gonzalo Barrientos 
         Senator Kim Brimer 
         Senator Bob Deuell 
         Senator Robert Duncan 
         Senator Kyle Janek 
         Senator Jane Nelson 
         Senator Eliot Shapleigh 
         Senator Todd Staples 
         Senator Royce West 
         Senator John Whitmire 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:00 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1, the General Appropriations Bill, which  
         had been left pending at a previous hearing.  Witnesses  
         registering and testifying on the bill are shown on the attached  
         list. 
          
         The chair recognized Senator Williams to lay out the rider  
         relating to Article IX, regarding an Appropriation for a Salary  
         Increase.  Senator Williams moved to adopt the rider. Senator  
         Brimer seconded the motion.  There was a roll call vote.  The  
         motion carried with a record vote of 14 ayes, 0 nays, 0 present  
         not voting, and 1 absent.  Senator Duncan requested unanimous  
         consent to be shown voting aye; without objection, it was so  
         ordered. 
          
         The chair recognized Senator Williams to lay out the workgroup  
         recommendations regarding pending items and riders for Article  
  
         I.   
          
         Senator Williams moved to adopt the rider on pages 5 and 6, as  
         amended, of the workgroup recommendations on pending items for  
         Article I, regarding the Office of the Attorney General.   
         Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider on page 8 of the  
         workgroup recommendations on pending items for Article I,  
         regarding the Historical Commission.  Without objection, it was  
         so ordered. 
          
         Senator Williams moved to adopt the riders on pages 10 and 11,  
         regarding the Library and Archives Commission, the Texas Public  
         Finance Authority, and the Building and Procurement Commission;  
         and the Building and Procurement Commission, respectively, of  
         the workgroup recommendations on pending items for Article I.   
         Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider on page 13 of the  
         workgroup recommendations on pending items for Article I,  
         regarding the Secretary of State.  Without objection, it was so  
         ordered. 
          
         Senator Williams moved to adopt the rider on page 1of the  
         Article I riders document, regarding the Building and  
         Procurement Commission.  Without objection, it was so ordered. 
          
         The chair recognized Senator Williams to lay out the workgroup  
         recommendations regarding pending items and riders for Article  
         IV. 
          
         Senator Williams moved to adopt Item 1 on page 2 of the  
         workgroup recommendations on pending items for Article IV,  
         regarding the Public Integrity Unit.  Without objection, it was  
         so ordered. 
          
         Senator Williams moved to adopt the rider on page 3, as amended,  
         of the workgroup recommendations on pending items for Article  
         IV, regarding the Supreme Court of Texas.  Without objection, it  
         was so ordered. 
          
         Senator Williams moved to adopt the rider on pages 4 and 5 of  
         the workgroup recommendations on pending items for Article IV,  
         regarding the Court of Criminal Appeals.  Without objection, it  
         was so ordered. 
          
         Senator Williams moved to adopt the rider on pages 6-8 of the  
         workgroup recommendations on pending items for Article IV,  
         regarding a Contingency for Model Court Collections Program.   
         Without objection, it was so ordered. 
          
         The chair recognized Senator Williams to lay out the workgroup  
         recommendations for pending items and riders for Article VIII. 
          
         Senator Williams moved to adopt the rider on page 3 of the  
         workgroup recommendations on pending items for Article VIII,  
         regarding the State Office of Administrative Hearings.  Without  
         objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider on page 4 of the  
         workgroup recommendations on pending items for Article VIII,  
         regarding the Funeral Service Commission.  Without objection, it  
         was so ordered. 
          
         Senator Williams moved to adopt the rider on page 6 of the  
         workgroup recommendations on pending items for Article VIII,  
         regarding the Board of Professional Geoscientists.  Without  
         objection, it was so ordered. 
          
         Senator Williams moved to adopt the technical adjustments on  
         page 7, and the related riders on pages 8 and 9 of the workgroup  
         recommendations on pending items for Article VIII, regarding the  
         Department of Insurance.  Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider distributed to the  
         Committee members regarding the Health Professions Council.   
         Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider on page 11 of the  
         workgroup recommendations on pending items for Article VIII,  
         regarding the Optometry Board.  Without objection, it was so  
         ordered. 
          
         Senator Williams moved to adopt Items 1 and 2 on page 12, and  
         the related rider on page 13 of the workgroup recommendations on  
         pending items for Article VIII, regarding the Residential  
         Construction Commission.  Without objection, it was so ordered. 
          
         The chair recognized Senator Whitmire to lay out the workgroup  
         recommendations for pending items and riders for Article V. 
          
         Senator Whitmire moved to adopt Items 2 and 3 on page 2 of the  
         workgroup recommendations on pending items for Article V,  
         regarding the Adjutant General's Department.  Without objection,  
         it was so ordered. 
          
         Senator Whitmire moved to adopt the recommendations on page 3,  
         and the related rider on pages 4 and 5 of the workgroup  
         recommendations on pending items for Article V, regarding the  
         Department of Criminal Justice.  Without objection, it was so  
         ordered. 
          
         Senator Whitmire moved to adopt Item 1 on page 6 of the  
         workgroup recommendations on pending items for Article V,  
         regarding the Commission on Fire Protection.  Without objection,  
         it was so ordered. 
          
         Senator Whitmire moved to adopt Items 2 and 3 on page 7 of the  
         workgroup recommendations on pending items for Article V,  
  
         regarding the Military Facilities Commission.  Without  
         objection, it was so ordered. 
          
         The chair recognized Senator Whitmire to lay out the workgroup  
         recommendations for pending items and riders for Article VI. 
          
         Senator Whitmire moved to adopt the rider on page 2 of the  
         workgroup recommendations on pending items for Article VI,  
         regarding the Department of Agriculture.  Without objection, it  
         was so ordered. 
          
         Senator Whitmire moved to adopt Items 6 and 14 on page 3 of the  
         workgroup recommendations on pending items for Article VI,  
         regarding the Commission on Environmental Quality.  Without  
         objection, it was so ordered. 
          
         Senator West moved to adopt the related rider on page 4 of the  
         workgroup recommendations on pending items for Article VI,  
         regarding the Commission on Environmental Quality.  Without  
         objection, it was so ordered. 
          
         Senator Averitt moved to adopt the rider on page 5 of the  
         workgroup recommendations on pending items for Article VI,  
         regarding the Commission on Environmental Quality.  Without  
         objection, it was so ordered. 
          
         Senator Whitmire moved to adopt the rider on pages 6 and 7 of  
         the workgroup recommendations on pending items for Article VI,  
         regarding the Railroad Commission.  Without objection, it was so  
         ordered. 
          
         Senator Whitmire moved to adopt the rider on pages 8 and 9 of  
         the workgroup recommendations on pending items for Article VI,  
         regarding the Water Development Board.  Without objection, it  
         was so ordered. 
          
         Senator Whitmire moved to adopt the rider on page 10 of the  
         workgroup recommendations on pending items for Article VI,  
         regarding the Water Development Board.  Senator Whitmire  
         withdrew the motion to adopt the rider.  Senator Duncan moved to  
         leave the rider on page 10 pending.  Without objection, it was  
         so ordered. 
          
         Senator Whitmire moved to adopt the recommendations on page 11,  
         and the related rider on page 12 of the workgroup  
         recommendations on pending items for Article VI, regarding Debt  
         Service Payments for Non-Self Supporting G.O. Water Bonds.   
         Without objection, it was so ordered. 
          
         Senator Whitmire moved to adopt the rider on page 1of the  
         Article VI riders document, regarding the Commission on  
         Environmental Quality.  Without objection, it was so ordered. 
          
         The chair recognized Senator Whitmire to lay out the workgroup  
         recommendations for pending items and riders for Article VII. 
  
         Senator Whitmire moved to adopt the rider on page 3 of the  
         workgroup recommendations on pending items for Article VII,  
         regarding the Department of Transportation.  Without objection,  
         it was so ordered. 
          
         Senator Staples moved to adopt the riders on pages 4 and 5 of  
         the workgroup recommendations on pending items for Article VII,  
         regarding the Department of Transportation.  Without objection,  
         it was so ordered. 
          
         Senator Staples moved to adopt the proposed rider deletion  
         language on page 6 of the workgroup recommendations on pending  
         items for Article VII, regarding the Department of  
         Transportation.  Without objection, it was so ordered. 
          
         Senator Whitmire moved to adopt the rider on page 3 of the  
         Article VII riders document, regarding the Department of  
         Transportation.  Without objection, it was so ordered. 
          
         The chair recognized Senator Williams to lay out the workgroup  
         recommendations on pending items and riders for Article VIII,  
         regarding the Public Utility Commission, and the Office of  
         Public Utility Counsel. 
          
         Senator Williams moved to adopt Item 1 on page 14 of the  
         workgroup recommendations on pending items for Article VIII,  
         regarding the Public Utility Commission.  Without objection, it  
         was so ordered. 
          
         Senator Williams moved to adopt Item 2 on page 14 and the  
         related rider on pages 16 and 17 of the workgroup  
         recommendations on pending items for Article VIII, regarding the  
         Public Utility Commission.  There was an objection.  There was a  
         roll call vote.  The motion carried with a record vote of 8  
         ayes, 5 nays, 0 present not voting,  and 2 absent.   
          
         Senator Williams moved to adopt the rider on page 18 of the  
         workgroup recommendations on pending items for Article VIII,  
         regarding the Office of Public Utility Counsel.  Without  
         objection, it was so ordered. 
          
         The chair recognized the Committee members to make motions on  
         riders in the Article I riders document. 
          
         Senator Brimer moved to adopt the rider on page 3 of the Article  
         I riders document, regarding the Commission on the Arts.  There  
         was an objection.  There was a roll call vote.  The motion  
         failed with a record vote of 5 ayes, 8 nays, 0 present not  
         voting, and 2 absent. 
          
         Senator Shapleigh moved to adopt the rider on page 6 of the  
         Article I riders document, regarding the Trusteed Programs  
         Within the Office of the Governor.  There was an objection.   
         There was a roll call vote.  The motion failed with a record  
  
         vote of 2 ayes, 11 nays, 0 present not voting and 2 absent. 
          
         Senator Nelson moved to adopt the rider on page 8 of the Article  
         I riders document, regarding the Office of the Attorney General.   
         Senator Nelson temporarily withdrew the motion.  Senator Nelson  
         then moved to adopt the rider on page 8, as amended, of the  
         Article I rider document, regarding the Office of the Attorney  
         General.  Without objection, it was so ordered. 
          
         Senator Ogden moved that SB 1 be left pending; without  
         objection, it was so ordered. 
          
         At 11:24 a.m. Senator Ogden moved that the Committee stand  
         recessed until 45 minutes after adjournment of the Senate;  
         without objection, it was so ordered. 
          
         The Committee reconvened at 3:01 p.m. 
          
         The Committee stood at ease. 
          
         The Committee resumed business at 3:14 p.m. 
          
         Senator Ogden laid out the rider distributed to the Committee  
         members regarding the Department of Public Safety.  Senator  
         Ogden moved that the rider be left pending awaiting a quorum;  
         without objection, it was so ordered. 
          
         Senator Williams was recognized to lay out the "Exempt Salary  
         Positions: 79th Session Requested Salary Increases"  
         recommendation document.  Senator Ogden moved that the document  
         be left pending awaiting a quorum; without objection, it was so  
         ordered. 
          
         Senator Nelson was recognized to lay out the rider on page 18 of  
         the Article VI riders document, regarding the Parks and Wildlife  
         Department, on behalf of the author, Senator Staples.  Senator  
         Nelson withdrew the motion to be recognized; without objection,  
         it was so ordered. 
          
         Senator Ogden laid out the recommendation document on Article X.   
         Senator Ogden moved that the document be left pending awaiting a  
         quorum; without objection, it was so ordered. 
          
         Senator Williams was recognized to lay out the riders on pages  
         19-27 of the workgroup recommendations for Article VIII,  
         regarding the Board of Barber Examiners, and the Cosmetology  
         Commission.  Senator Ogden moved that the riders be left pending  
         awaiting a quorum; without objection, it was so ordered. 
          
         Senator Williams was recognized to lay out the rider distributed  
         to the Committee members regarding the Health Professions  
         Council, Office of Patient Protection Funding.  Senator Ogden  
         moved that the rider be left pending awaiting a quorum; without  
         objection, it was so ordered. 
          
         Senator Nelson was recognized to lay out the rider distributed  
         to the Committee members regarding the Health and Human Services  
         Commission, Patient Protection Activities.  Senator Ogden moved  
         that the rider be left pending awaiting a quorum; without  
         objection, it was so ordered. 
          
         Senator Barrientos was recognized to lay out the rider on page 4  
         of the Article I riders document, regarding the Comptroller of  
         Public Accounts.  Senator Ogden moved that the rider be left  
         pending; without objection, it was so ordered. 
          
         Senator Barrientos was recognized to lay out the rider on page 5  
         of the Article I riders document, regarding Trusteed Programs  
         Within the Office of the Governor.  Senator Ogden moved that the  
         rider be left pending; without objection, it was so ordered. 
          
         Senator Barrientos was recognized to lay out the rider on page  
         10 of the Article I riders document, regarding Historically  
         Underutilized Business Enforcement and Audits, on behalf of the  
         author, Senator West.  Senator Ogden moved that the rider be  
         left pending; without objection, it was so ordered. 
          
         Senator Ogden moved to adopt the rider regarding the Department  
         of Public Safety, as amended, which had been left pending  
         earlier in the hearing; without objection, it was so ordered. 
          
         Senator Williams moved to adopt the "Exempt Salary Positions:  
         79th Session Requested Salary Increases" recommendation  
         document, as amended, which had been left pending earlier in the  
         hearing.  There was a roll call vote.  The motion carried with a  
         record vote of 10 ayes, 1 nay, 0 present not voting, and 4  
         absent.  Senator Whitmire requested unanimous consent to be  
         shown voting aye; without objection, it was so ordered. 
          
         Senator Williams moved to adopt the riders on pages 19-27 of the  
         workgroup recommendations for Article VIII, regarding the Board  
         of Barber Examiners, and the Cosmetology Commission, which had  
         been left pending earlier in the hearing.  There was a roll call  
         vote.  The motion carried with a record vote of 10 ayes, 0 nays,  
         1 present not voting, and 4 absent.  Senator Whitmire requested  
         unanimous consent to be shown voting aye; without objection, it  
         was so ordered. 
          
         Senator Williams moved to adopt the rider regarding the Health  
         Professions Council, Office of Patient Protection Funding, which  
         had been left pending earlier in the hearing; without objection,  
         it was so ordered. 
          
         Senator Nelson moved to adopt the rider regarding the Health and  
         Human Services Commission, Patient Protection Activities, which  
         had been left pending earlier in the hearing; without objection,  
         it was so ordered. 
          
         Senator Williams moved that the Department of Information  
         Resources budget be adopted; without objection, it was so  
  
         ordered. 
         Senator Ogden moved to adopt the Article X recommendation  
         document, which had been left pending earlier in the hearing;  
         without objection, it was so ordered. 
          
         Senator Ogden moved that SB 1 be left pending; without  
         objection, it was so ordered. 
          
         There being no further business, at 4:10 p.m. Senator Ogden  
         moved that the Committee stand recessed until 8:00 a.m. the  
         following morning, March 8, 2005.  Without objection, it was so  
         ordered.   
          
         _____________________________ 
         Senator Steve Ogden, Chair 
          
         _____________________________ 
         Amy Jeter, Clerk