MINUTES 
                                           
                            SENATE COMMITTEE ON FINANCE 
                               Wednesday, May 3, 2006 
                                     10:00 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 Wednesday, May 3, 2006, 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 Kim Brimer 
         Senator Bob Deuell 
         Senator Robert Duncan 
         Senator Juan Hinojosa 
         Senator Kyle Janek 
         Senator Frank Madla 
         Senator Jane Nelson 
         Senator Florence Shapiro 
         Senator Todd Staples 
         Senator Royce West 
         Senator John Whitmire 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 10:13 a.m.  The  
         following business was transacted:   
          
         The chair laid out HB 5 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.   
          
         Senator Nelson assumed the chair.   
          
         Testimony continued. 
          
         Senator Zaffirini assumed the chair.   
          
         Testimony continued. 
          
         The chair moved that the public testimony be closed; without  
         objection, it was so ordered.  
           
         At 11:21 a.m. Senator Zaffirini moved that the Committee stand  
         recessed until 11:50 a.m.; without objection, it was so ordered. 
          
         Senator Ogden reconvened the Committee at 11:51 a.m. 
          
         The roll was called. 
          
         Senator Ogden announced that the Committee would be taking up  
         all amendments to HB 1 today, except those pertaining to Article  
         I.  Without objection, it was so ordered. 
          
         At 11:54 a.m. Senator Ogden moved that the Committee stand  
         recessed until 1:00 p.m.; without objection, it was so ordered. 
          
         Senator Ogden reconvened the hearing at 1:06 p.m. 
          
         The roll was called; a quorum was established. 
          
         Senator Ogden moved the adoption of a Committee rule that all  
         amendments offered to the committee substitute for HB 1 have a  
         neutral fiscal impact on the bill; without objection, it was so  
         ordered. 
          
         The Legislative Budget Board provided resource only testimony.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Zaffirini sent up Committee Amendment 12.  Senator Van  
         de Putte was recognized to explain the Amendment.  Senator  
         Zaffirini moved adoption.  The motion failed by a record vote of  
         4 ayes, 10 nays, 0 present not voting, and 1 absent.    
          
         Senator Zaffirini sent up Committee Amendment 13 and moved  
         adoption.  The motion failed by a record vote of 5 ayes, 10  
         nays, 0 present not voting, and 0 absent.   
          
         Senator Zaffirini sent up Committee Amendment 14 and moved  
         adoption; without objection, the amendment was adopted.   
          
         Senator West sent up Committee Amendment 15 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator Madla sent up Committee Amendment 16.  Senator Madla  
         moved to withdraw the amendment; without objection, it was so  
         ordered. 
          
         Senator Madla sent up Committee Amendment 17 and moved adoption;  
         without objection, the amendment was adopted.   
          
         Senator West moved to withdraw Committee Amendment 18; without  
         objection, it was so ordered.  Senator West then sent up  
         Committee Amendment 18a.  Senator Ogden moved that Amendment 18a  
         be deferred until a later time; without objection, it was so  
         ordered. 
          
         Senator West sent up Committee Amendment 19 and moved adoption.   
         The motion failed by a record vote of 6 ayes, 8 nays, 0 present  
         not voting, and 1 absent.   
          
         Senator Zaffirini sent up Committee Amendment 20.  Senator  
         Zaffirini moved to withdraw the amendment; without objection, it  
         was so ordered. 
          
         Senator Zaffirini sent up Committee Amendment 21 and moved  
         adoption.  The motion failed by a record vote of 6 ayes, 8 nays,  
         0 present not voting, and 1 absent.   
          
         Senator West sent up Committee Amendment 22.  Senator West moved  
         to temporarily withdraw the amendment; without objection, it was  
         so ordered. 
          
         Senator West sent up Committee Amendment 23.  Senator West moved  
         to withdraw the amendment; without objection, it was so ordered. 
          
         Senator Zaffirini sent up Committee Amendment 24 and moved  
         adoption.  The motion carried with a record vote of 9 ayes, 4  
         nays, 1 present not voting, and 1 absent.  
          
         Senator Janek sent up Committee Amendment 25.  Senator Janek  
         moved to temporarily withdraw the amendment; without objection,  
         it was so ordered. 
          
         Senator Janek sent up Committee Amendment 26.  Senator Janek  
         moved to temporarily withdraw the amendment; without objection,  
         it was so ordered. 
          
         Senator Zaffirini sent up Committee Amendment 27.  Senator  
         Zaffirini moved to temporarily withdraw the amendment; without  
         objection, it was so ordered. 
          
         Senator Zaffirini sent up Committee Amendment 28.  Senator Ogden  
         moved to withdraw the amendment; without objection, it was so  
         ordered. 
          
         Senator Hinojosa sent up Committee Amendment 29.  Senator  
         Hinojosa moved to temporarily withdraw the amendment; without  
         objection, it was so ordered. 
          
         Senator Staples sent up Committee Amendment 30.   
          
         Senator Zaffirini assumed the chair. 
          
         Senator Staples moved to withdraw the amendment; without  
         objection, it was so ordered. 
          
         Senator Zaffirini sent up Committee Amendment 31.  Senator  
         Zaffirini moved to temporarily withdraw the amendment; without  
         objection, it was so ordered. 
          
         Senator Zaffirini sent up Committee Amendment 32.  Senator  
  
         Zaffirini moved to temporarily withdraw the amendment; without  
         objection, it was so ordered. 
          
         Senator Hinojosa sent up Committee Amendment 33.   
          
         At 2:25 p.m. Senator Zaffirini moved that the Committee stand at  
         ease; without objection, it was so ordered. 
          
         Senator Ogden reconvened the Committee at 2:39 p.m. 
          
         The Committee resumed discussion on Committee Amendment 33.   
         Senator Hinojosa moved adoption of the amendment.  The motion  
         failed by a record vote of 7 ayes, 7 nays, 0 present not voting,  
         and 1 absent.   
          
         Senator Brimer sent up Committee Amendment 34 and moved  
         adoption.  The motion carried with a record vote of 11 ayes, 4  
         nays, 0 present not voting, and 0 absent.   
          
         Senator Duncan sent up Committee Amendment 35.   
          
         Senator Zaffirini assumed the chair.   
          
         Senator Ogden resumed the chair.   
          
         Senator Duncan moved adoption of Committee Amendment 35.  The  
         motion carried with a record vote of 10 ayes, 5 nays, 0 present  
         not voting, and 0 absent.   
          
         Senator Madla sent up Committee Amendment 36.  Senator Madla  
         moved to pull down the amendment; without objection, it was so  
         ordered. 
          
         Senator Ogden announced that Committee Amendments 36, 37, 38,  
         39, 40, 41, 42, and 43 were not germane to the bill.  Without  
         objection, it was so ordered. 
          
         Senator Shapiro sent up Committee Amendment 44 and moved  
         adoption.  The motion carried with a record vote of 14 ayes, 1  
         nay, 0 present not voting, and 0 absent.  Senator Ogden moved to  
         reconsider the vote; without objection, it was so ordered.   
         Senator Ogden moved adoption of Committee Amendment 44; without  
         objection, the amendment was adopted. 
          
         Senator Shapiro began a discussion about Committee Amendment 1.   
         Senator Ogden moved that the amendment be deferred until the  
         Article I amendments were before the Committee.  Without  
         objection, it was so ordered.  
          
         Senator Zaffirini sent up Committee Amendment 31, which had been  
         temporarily withdrawn earlier in the hearing.  Senator Zaffirini  
         moved adoption of the amendment; without objection, the  
         amendment was adopted. 
          
         Senator Zaffirini sent up Committee Amendment 32, which had been  
         temporarily withdrawn earlier in the hearing.  Senator Zaffirini  
         moved adoption of the amendment; without objection, the  
         amendment was adopted. 
          
         Senator Ogden requested that Senator Janek hold Committee  
         Amendment 25 until the next Finance Committee hearing; without  
         objection, it was so ordered.   
          
         At 3:33 p.m. Senator Ogden moved that the Committee stand  
         recessed for 15 minutes; without objection, it was so ordered. 
          
         Senator Ogden reconvened the Committee at 3:44 p.m. 
          
         At 3:45 p.m. Senator Ogden moved that the Committee stand  
         recessed until 6:00 p.m.; without objection, it was so ordered. 
          
         Senator Ogden reconvened the Committee at 6:00 p.m. 
          
         Senator Ogden moved that HB 1 and HB 5 be left pending.  Without  
         objection, it was so ordered. 
          
         There was no action taken for the following bill(s): SB 6. 
          
         There being no further business, at 6:01 p.m. Senator Ogden  
         moved that the Committee stand recessed until 9:30 a.m.,  
         Thursday, May 4, 2006.  Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Steve Ogden, Chair 
          
         _____________________________ 
         Amy Jeter, Clerk