MINUTES 
                                           
                            SENATE COMMITTEE ON FINANCE 
                               Thursday, May 12, 2005 
                           12:30 p.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 12, 2005, in the Capitol Extension, Room  
         E1.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Steve Ogden                     Senator Robert Duncan 
         Senator Judith Zaffirini 
         Senator Kip Averitt 
         Senator Gonzalo Barrientos 
         Senator Kim Brimer 
         Senator Bob Deuell 
         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 4:34 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): SB 222. 
          
         The chair laid out SB 222, which had been left pending at a  
         previous hearing, and recognized the author, Senator Zaffirini,  
         to explain the bill.  Senator Zaffirini sent up a committee  
         substitute; the chair recognized Senator Zaffirini to explain  
         the difference between the committee substitute and the bill as  
         filed.  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 Ogden moved that the bill be left pending until a time  
         certain vote; without objection, it was so ordered. 
          
         The chair laid out HB 3016 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 Ogden moved that the bill  
         be left pending until a time certain vote; without objection, it  
         was so ordered. 
          
         Senator Nelson assumed the chair.   
          
         The chair laid out SB 1863 and recognized the author, Senator  
         Ogden, to explain the bill.  Senator Ogden sent up a committee  
         substitute; the chair recognized Senator Ogden to explain the  
         difference between the committee substitute and the bill as  
         filed.  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 Ogden sent up Committee Amendment 1, in the absence of  
         the author.  Senator Williams sent up Committee Amendment 2.   
         Senator Ogden sent up Committee Amendment 3.  Senator Nelson  
         moved that the bill be left pending until a time certain vote;  
         without objection, it was so ordered. 
          
         Senator Ogden resumed the chair.   
          
         The chair laid out SB 1325 and the proposed committee  
         substitute, both which had been left pending at a previous  
         hearing.  Senator Staples sent up Committee Amendment 1 and  
         moved adoption.  There was an objection.  The motion carried  
         with a record vote of 12 ayes, 1 nay, 0 present not voting, and  
         2 absent.   
          
         Senator Whitmire assumed the chair.   
          
         Senator Ogden sent up Committee Amendment 2 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Ogden resumed the chair.   
          
         Senator Ogden requested unanimous consent to roll the amendments  
         into the committee substitute; without objection, it was so  
         ordered.  Senator Ogden then moved that the committee substitute  
         be adopted; without objection, it was so ordered.  Senator  
         Staples moved that SB 1325 do not pass but that CSSB 1325 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of  
         13 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator  
         Barrientos requested unanimous consent to be shown voting aye;  
         without objection, it was so ordered. 
          
         The chair laid out SB 222, which had been left pending earlier  
         in the hearing.  Senator Zaffirini moved that the committee  
         substitute sent up earlier in the hearing be adopted; without  
         objection, it was so ordered.  Senator Zaffirini moved that SB  
         222 do not pass but that CSSB 222 be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 13 ayes, 1 nay, 0 present  
  
         not voting, and 1 absent.  Senator Barrientos requested  
         unanimous consent to be shown voting aye; without objection, it  
         was so ordered. 
          
         Senator Zaffirini assumed the chair.   
          
         The chair laid out SB 1863 and the proposed committee  
         substitute, both which had been left pending earlier in the  
         hearing.  Senator Williams moved adoption of Committee Amendment  
         2, which had been sent up earlier in the hearing; without  
         objection, it was so ordered.  Senator Janek moved adoption of  
         Committee Amendment 1, which had been sent up earlier in the  
         hearing; without objection, it was so ordered.  Senator  
         Shapleigh sent up Committee Amendment 4 and moved adoption.  The  
         motion carried with a record vote of 9 ayes, 4 nays, 0 present  
         not voting, and 2 absent.  Senator Ogden moved adoption of  
         Committee Amendment 3, which had been sent up earlier in the  
         hearing; without objection, it was so ordered.  Senator Ogden  
         requested unanimous consent to roll the amendments into the  
         committee substitute; without objection, it was so ordered.   
         Senator Ogden then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  Senator Ogden  
         moved that SB 1863 do not pass but that CSSB 1863 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, 5  
         nays, 0 present not voting, and 1 absent.  Senator Barrientos  
         requested unanimous consent to be shown voting nay; without  
         objection, it was so ordered. 
          
         Senator Ogden resumed the chair.   
          
         The chair laid out HB 3016, which had been left pending earlier  
         in the hearing.  Senator Staples moved that HB 3016 be reported  
         favorably 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.  Senator  
         Barrientos requested unanimous consent to be shown voting nay;  
         without objection, it was so ordered. 
          
         There being no further business, at 6:08 p.m. Senator Ogden  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Steve Ogden, Chair 
          
         _____________________________ 
         Amy Jeter, Clerk