MINUTES
SENATE COMMITTEE ON FINANCE
Thursday, May 5, 2005
11:00 a.m. or upon adjournment
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 Thursday, May 5, 2005, in the Capitol Extension, Room
E1.036, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Steve Ogden None
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 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 1:25 p.m. The
following business was transacted:
The roll was called.
A quorum was established.
Senator Zaffirini assumed the chair.
The chair laid out HB 3 and the proposed Committee Substitute,
both which had been left pending at a previous hearing.
The chair laid out SJR 38 and the proposed Committee Substitute,
both which had been left pending at a previous hearing.
Senator Janek sent up Committee Amendment 56. Senator Janek
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Shapleigh sent up Committee Amendment 58. Senator
Shapleigh moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 46. Senator
Shapleigh moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 50 and moved
adoption. The motion carried with a record vote of 12 ayes, 0
nay, 0 present not voting, and 3 absent.
Senator Shapleigh sent up Committee Amendment 52. Senator
Shapleigh moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Staples sent up Committee Amendment 25. Senator Staples
moved that the Amendment be withdrawn; without objection, it was
so ordered.
Senator Brimer sent up Committee Amendment 2 and moved adoption.
The motion carried with a record vote of 12 ayes, 0 nay, 0
present not voting, and 3 absent. At the May 6, 2005 Senate
Finance Committee hearing Senator Zaffirini requested unanimous
consent to be shown voting aye; without objection, it was so
ordered.
Senator Williams sent up Committee Amendment 26. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 41. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 36 and moved
adoption. The motion carried with a record vote of 12 ayes, 1
nay, 0 present not voting, and 2 absent.
Senator West sent up Committee Amendment 7 and moved adoption.
The motion failed by a record vote of 4 ayes, 8 nays, 0 present
not voting, and 3 absent.
Senator Barrientos sent up Committee Amendment 15 and moved
adoption. The motion carried with a record vote of 11 ayes, 0
nay, 0 present not voting, and 4 absent.
Senator Barrientos sent up Committee Amendment 16 and moved
adoption. The motion carried with a record vote of 10 ayes, 1
nay, 0 present not voting, and 4 absent.
Senator Barrientos sent up Committee Amendment 13. Senator
Barrientos moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Averitt sent up Committee Amendment 22. Senator Averitt
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Williams sent up Committee Amendment 3 and moved
adoption. The motion carried with a record vote of 8 ayes, 2
nays, 0 present not voting, and 5 absent.
Senator Williams sent up Committee Amendment 35. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 55. Senator
Williams moved that the Amendment be temporarily withdrawn;
without objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 53 and moved
adoption. The motion carried with a record vote of 7 ayes, 3
nays, 1 present not voting, and 4 absent.
Senator West sent up Committee Amendment 6. Senator West moved
that the Amendment be withdrawn; without objection, it was so
ordered.
Senator Shapleigh sent up Committee Amendment 54. Senator
Shapleigh moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Staples sent up Committee Amendment 68 and moved
adoption. The motion carried with a record vote of 11 ayes, 0
nay, 0 present not voting, and 4 absent.
At 2:57 p.m. Senator Ogden moved that the Committee stand
recessed for one hour; without objection, it was so ordered.
Senator Zaffirini reconvened the Committee at 4:23 p.m.
Senator Barrientos sent up Committee Amendment 11. Senator
Barrientos moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Barrientos sent up Committee Amendment 14. Senator
Barrientos moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 55a to replace
Committee Amendment 55, which had been temporarily withdrawn
earlier in the hearing; without objection it was so ordered.
Senator Williams moved that Amendment 55a be withdrawn; without
objection, it was so ordered.
Senator Brimer sent up Committee Amendment 5. Senator Brimer
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator West sent up Committee Amendment 8. Senator West moved
that the Amendment be left pending; without objection, it was so
ordered.
Senator Barrientos sent up Committee Amendment 9. Senator
Barrientos moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Barrientos sent up Committee Amendment 10. Senator
Barrientos moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Barrientos sent up Committee Amendment 12 and moved
adoption. The motion failed by a record vote of 5 ayes, 7 nays,
0 present not voting, and 3 absent.
Senator Barrientos sent up Committee Amendment 17. Senator
Barrientos moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Barrientos sent up Committee Amendment 18. Senator
Barrientos moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Brimer sent up Committee Amendment 21. Senator Brimer
moved that the Amendment be withdrawn; without objection, it was
so ordered.
Senator Brimer sent up Committee Amendment 23, in the absence of
the Amendment's author. Senator Brimer moved that the Amendment
be left pending; without objection, it was so ordered.
Senator Staples sent up Committee Amendment 24. Senator Staples
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Williams sent up Committee Amendment 28. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 29. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 30. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 31. Senator
Williams moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 32. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 33. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 34. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 38 and moved
adoption. The motion failed by a record vote of 4 ayes, 9 nays,
0 present not voting, and 2 absent.
Senator Williams sent up Committee Amendment 37. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Brimer sent up Committee Amendment 39. Senator Brimer
moved that the Amendment be withdrawn; without objection, it was
so ordered.
Senator Shapiro sent up Committee Amendment 40. Senator Shapiro
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Shapiro sent up Committee Amendment 43. Senator Shapiro
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Shapleigh sent up Committee Amendment 44. Senator
Shapleigh moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 45 and moved
adoption. The motion failed by a record vote of 5 ayes, 8 nays,
0 present not voting, and 2 absent.
Senator Shapleigh sent up Committee Amendment 47. Senator
Shapleigh moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 48. Senator
Shapleigh moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 49. Senator Ogden
sent up Amendment to the Amendment 49a and moved adoption;
without objection, it was so ordered. Senator Shapleigh moved
adoption of Committee Amendment 49 as amended. The motion
carried with a record vote of 12 ayes, 0 nay, 0 present not
voting, and 3 absent.
At 6:23 p.m. Senator Ogden moved that the Committee stand
recessed for 15 minutes; without objection, it was so ordered.
Senator Zaffirini reconvened the Committee at 6:39 p.m.
Senator Shapiro sent up Committee Amendment 57. Senator Shapiro
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Nelson sent up Committee Amendment 59. Senator Nelson
moved that the Amendment be withdrawn; without objection, it was
so ordered.
Senator Whitmire sent up Committee Amendment 60. Senator
Whitmire moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Zaffirini moved to pull down Committee Amendment 61;
without objection, it was so ordered. Senator Zaffirini sent up
Committee Amendment 61a and moved adoption. The motion carried
with a record vote of 9 ayes, 0 nay, 1 present not voting, and 5
absent.
Senator Staples sent up Committee Amendment 63. Senator Staples
moved that the Amendment be withdrawn; without objection, it was
so ordered.
Senator Staples sent up Committee Amendment 64. Senator Staples
moved that the Amendment be withdrawn; without objection, it was
so ordered.
Senator Staples sent up Committee Amendment 65. Senator Staples
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Staples sent up Committee Amendment 67. Senator Staples
moved that the Amendment be left pending; without objection, it
was so ordered.
Senator Williams sent up Committee Amendment 70. Senator
Williams moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 71. Senator
Williams moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Williams sent up Committee Amendment 72. Senator
Williams moved that the Amendment be left pending; without
objection, it was so ordered.
Senator Brimer sent up Committee Amendment 73, in the absence of
the Amendment's author, and moved adoption. The motion carried
with a record vote of 11 ayes, 0 nay, 0 present not voting, and
4 absent.
Senator Ogden resumed the chair.
Senator Zaffirini moved to pull down Committee Amendment 4;
without objection, it was so ordered. Senator Zaffirini sent up
Committee Amendment 4a and moved adoption. The motion carried
with a record vote of 12 ayes, 1 nay, 0 present not voting, and
2 absent.
Senator Zaffirini assumed the chair.
Senator Williams sent up Committee Amendment 51. Senator
Williams moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 62. Senator
Shapleigh moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 69. Senator
Shapleigh moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 74. Senator
Shapleigh moved that the Amendment be withdrawn; without
objection, it was so ordered.
Senator Ogden resumed the chair.
Senator Ogden moved that HB 3 be left pending; without
objection, it was so ordered.
Senator Ogden moved that SJR 38 be left pending; without
objection, it was so ordered.
There being no further business, at 7:21 p.m. Senator Ogden
moved that the Committee stand recessed until after adjournment
of the Senate the following day, May 6, 2005. Without
objection, it was so ordered.
_____________________________
Senator Steve Ogden, Chair
_____________________________
Amy Jeter, Clerk