The House Committee on Ways & Means

81st Legislature

April 22, 2009

10:30 a.m. or upon final adjourn./recess

E2.010

 

 

CORRECTED MINUTES

 

On May 2, 2009, the House Committee on Ways & Means authorized the correction of the  minutes for the meeting of the House Committee on Ways & Means held on April 22, 2009. The following are the corrected minutes for that meeting:

 

Pursuant to a notice posted on April 17, 2009, and revised on April 17, 2009, the House Committee on Ways & Means met in a public hearing and was called to order by the chair, Representative Oliveira, at 3:21 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Oliveira; Otto; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Villarreal (8).

 

Absent:              Representatives Bohac; Hartnett; Taylor (3).

 

A quorum was present.

 

The chair directed that the April 15, 2009, minutes for the House Committee on Ways & Means be corrected. The corrected minutes were authorized without objection.

 

HB 2790

 

The chair laid out HB 2790.

 

(Representative Bohac now present.)

 

The chair recognized Representative Homer to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Homer to close on the measure.

 

The bill was left pending without objection.

 

HB1936, HJR75

 

The chair laid out HB1936, HJR75.

 

The chair recognized Representative Villarreal to explain HB 1936 and HJR 75.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

(Representative Hartnett now present.)

 

 

 

The chair recognized Representative Villarreal to close on HB 1936 and HJR 75.

 

The bill and joint resolution were left pending without objection.

 

HB 1229

 

The chair laid out HB 1229 as pending business.

 

Representative Paxton moved that HB 1229, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Villarreal (9).

 

Nays:                             Representative Hartnett (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Taylor  (1).

 

HB 1274

 

The chair recalled HB 1274 from subcommittee.

 

Representative Hartnett offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Hilderbran moved that HB 1274, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Taylor  (1).

 

HB 2578

 

The chair laid out HB 2578 as pending business.

 

Representative Oliveira offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Howard, Charlie moved that HB 2578, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; King, Phil; Paxton; Pena; Villarreal (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hilderbran; Taylor  (2).

 

HB 2441

 

The chair laid out HB 2441 as pending business.

 

Representative Otto moved that HB 2441, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; King, Phil; Paxton; Pena; Villarreal (8).

 

Nays:                             Representative Howard, Charlie (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hilderbran; Taylor  (2).

 

HJR 83

 

The chair laid out HJR 83 as pending business.

 

Representative Otto moved that HJR 83, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; King, Phil; Paxton; Pena; Villarreal (8).

 

Nays:                             Representative Howard, Charlie (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hilderbran; Taylor  (2).

 

HB 2941

 

The chair laid out HB 2941 as pending business.

 

Representative Otto offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Otto moved that HB 2941, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; King, Phil; Paxton; Pena; Villarreal (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hilderbran; Taylor  (2).

 

(Representative Taylor now present.)

 

HB 2628

 

The chair laid out HB 2628 as pending business.

 

Representative Howard, Charlie offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Howard, Charlie moved that HB 2628, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Hilderbran  (1).

 

HB 3030

 

The chair laid out HB 3030 as pending business.

 

Representative Howard, Charlie offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Howard, Charlie moved that HB 3030, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Hilderbran  (1).

 

HB 3185

 

The chair laid out HB 3185 as pending business.

 

The bill was left pending without objection.

 

HB 3206

 

The chair laid out HB 3206 as pending business.

 

Representative Howard, Charlie offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Howard, Charlie moved that HB 3206, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Hilderbran  (1).

 

HB 3477

 

The chair laid out HB 3477 as pending business.

 

Representative Hartnett offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Hartnett moved that HB 3477, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; Paxton; Pena; Taylor; Villarreal (9).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative King, Phil  (1).

 

Absent:                          Representative Hilderbran  (1).

 

HJR 112

 

The chair laid out HJR 112 as pending business.

 

Representative Hartnett moved that HJR 112, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Hilderbran  (1).

 

HB 3983

 

The chair laid out HB 3983 as pending business.

 

The bill was left pending without objection.

 

 

 

HJR 112

 

The chair moved to reconsider the vote by which HJR 112 was reported favorably to the full house from committee. The motion to reconsider prevailed without objection.

 

Representative Oliveira moved that HJR 112, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Howard, Charlie; Pena; Taylor; Villarreal (8).

 

Nays:                             None (0).

 

Present, Not Voting:     Representatives King, Phil; Paxton  (2).

 

Absent:                          Representative Hilderbran  (1).

 

(Representative Hilderbran now present.)

 

 

HB 3983

 

The chair laid out HB 3983 as pending business.

 

Representative Pena offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Pena moved that HB 3983, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (11).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          None  (0).

 

HB 4265

 

The chair laid out HB 4265 as pending business.

 

Representative King, Phil moved that HB 4265, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (11).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          None  (0).

 

HB 4270

 

The chair laid out HB 4270 as pending business.

 

Representative Otto moved that HB 4270, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hartnett; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (11).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          None  (0).

 

HB 4613

 

The chair laid out HB 4613 as pending business.

 

Representative Otto offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Otto moved that HB 4613, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Hartnett  (1).

 

HB 4661

 

The chair laid out HB 4661 as pending business.

 

Representative Oliveira offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Howard, Charlie moved that HB 4661, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Hartnett  (1).

 

HB 2941

 

The chair moved to reconsider the vote by which HB 2941 was reported favorably to the full House from committee. The motion to reconsider prevailed without objection.

 

Representative Otto moved that HB 2941, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (10).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Hartnett  (1).

 

HB 1936

 

The chair laid out HB 1936 as pending business.

 

Representative Howard, Charlie moved that HB 1936, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Bohac; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Otto; Hartnett  (2).

 

HJR 75

 

The chair laid out HJR 75 as pending business.

 

Representative Howard, Charlie moved that HJR 75, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Bohac; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor; Villarreal (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Otto; Hartnett  (2).

 

HB 3965

 

The chair laid out HB 3965.

 

The chair recognized Representative Dunnam to explain the measure.

 

(Representative Otto now present.)

 

Representative Oliveira offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Dunnam to close on the measure.

 

The bill was left pending without objection.

 

 

HB 2319

 

The chair laid out HB 2319.

 

The chair recognized Representative Eissler to explain the measure.

 

Representative Oliveira offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Eissler to close on the measure.

 

The bill was left pending without objection.

 

HB 4088

 

The chair laid out HB 4088.

 

The chair recognized Representative Farrar to explain the measure.

 

Representative Oliveira offered a complete committee substitute.

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Farrar to close on the measure.

 

The bill was left pending without objection.

 

(Representative Otto in chair.)

 

HB 1030

 

The chair laid out HB 1030.

 

The chair recognized Representative Callegari to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Callegari to close on the measure.

 

The bill was left pending without objection.

 

HB 4166

 

The chair laid out HB 4166.

 

The chair recognized Representative Callegari to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Callegari to close on the measure.

 

The bill was left pending without objection.

 

HB 3272

 

The chair laid out HB 3272.

 

The chair recognized Representative Howard, Donna to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Howard, Donna to close on the measure.

 

The bill was left pending without objection.

 

(Representative Oliveira in chair.)

 

HB 1902

 

The chair laid out HB 1902.

 

The chair recognized Representative Otto to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Otto to close on the measure.

 

The bill was left pending without objection.

 

HB 797

 

The chair laid out HB 797.

 

The chair recognized Representative Villarreal to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Villarreal to close on the measure.

 

The bill was left pending without objection.

 

HB 4639

 

The chair laid out HB 4639.

 

The chair recognized Representative Villarreal to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Villarreal to close on the measure.

 

The bill was left pending without objection.

 

HB 2150

 

The chair laid out HB 2150.

 

The chair recognized Representative Kleinschmidt to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Kleinschmidt to close on the measure.

 

The bill was left pending without objection.

 

HB 2184

 

The chair laid out HB 2184.

 

The chair recognized Representative Leibowitz to explain the measure.

 

Representative Oliveira offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Leibowitz to close on the measure.

 

The bill was left pending without objection.

 

HB 1030

 

The chair laid out HB 1030 as pending business.

 

Representative Howard, Charlie moved that HB 1030, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; King, Phil; Paxton; Pena; Taylor (9).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hartnett; Villarreal  (2).

 

 

HB 1361

 

The chair laid out HB 1361.

 

The chair recognized Representative Anchia to explain the measure.

 

Representative Oliveira offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Anchia to close on the measure.

 

The bill was left pending without objection.

 

HB 3098

 

The chair laid out HB 3098.

 

The chair recognized Representative Bolton to explain the measure.

 

Representative Oliveira offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Bolton to close on the measure.

 

The bill was left pending without objection.

 

HB1376, HB1377

 

The chair laid out HB1376, HB1377.

 

The chair recognized Representative Thompson to explain HB 1376 and HB 1377.

 

Representative Oliveira offered a complete committee substitute for HB 1376.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

(Representative Villarreal now present.)

 

The committee substitute for HB 1376 was withdrawn without objection.

 

The chair recognized Representative Thompson to close on HB 1376 and HB 1377.

 

The bills were left pending without objection.

 

HB799, HB1417, HB 1751, HJR 72

 

The chair laid out HB799, HB1417, HB 1751, HJR 72.

 

The chair recognized Representative Leibowitz to explain HB 1417, HB 1751, HJR 72.

 

The chair recognized Representative Villarreal to explain HB 799

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Leibowitz to close on HB 1417, HB 1751, HJR 72.

 

The chair closed on HB 799.

 

The bills and joint resolution were left pending without objection.

 

HB 3119

 

The chair laid out HB 3119 as pending business.

 

Representative Howard, Charlie offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Howard, Charlie moved that HB 3119, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; Pena; Taylor; Villarreal (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hartnett; King, Phil; Paxton  (3).

 

HB 3098

 

The chair laid out HB 3098 as pending business.

 

Representative Howard, Charlie offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Howard, Charlie moved that HB 3098, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; Pena; Taylor; Villarreal (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hartnett; King, Phil; Paxton  (3).

 

HJR 141

 

The chair laid out HJR 141.

 

The chair recognized Representative Coleman to explain the measure.

 

Representative Oliveira offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Coleman to close on the measure.

 

The bill was left pending without objection.

 

HB 2226

 

The chair laid out HB 2226.

 

The chair recognized Representative Parker to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Parker to close on the measure.

 

The bill was left pending without objection.

 

HB 4256

 

The chair laid out HB 4256.

 

The chair recognized Representative Hilderbran to explain the measure.

 

Representative Oliveira offered a complete committee substitute.

 

The committee substitute was withdrawn without objection.

 

The chair recognized Representative Hilderbran to close on the measure.

 

The bill was left pending without objection.

 

HB 3119

 

Representative Otto moved to reconsider the vote by which HB 3119 was reported favorably to the full House from committee. The motion to reconsider prevailed without objection.

 

Representative Howard, Charlie moved that HB 3119, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Oliveira; Otto; Bohac; Hilderbran; Howard, Charlie; Pena; Taylor; Villarreal (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hartnett; King, Phil; Paxton  (3).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At 7:58 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________

Rep. Oliveira, Chair

 

 

________________________

Carolyn Merchan Saegert, Clerk