MINUTES

 

SENATE COMMITTEE ON FINANCE

Friday, May 22, 2009

8:00 a.m.

Capitol Extension, Room E1.036

 

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Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Finance was held on Friday, May 22, 2009, in the Capitol Extension, Room E1.036, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Steve Ogden

Senator Juan Hinojosa

Senator Kip Averitt

Senator Bob Deuell

Senator Robert Duncan

Senator Kevin Eltife

Senator Eddie Lucio, Jr.

Senator Jane Nelson

Senator Kel Seliger

Senator Florence Shapiro

Senator Royce West

Senator John Whitmire

Senator Tommy Williams

Senator Judith Zaffirini

 

Senator Chris Harris

 

 

 

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The chair called the meeting to order at 8:08 a.m.  The following business was transacted: 

 

The posting rule, Senate Rule 11.18, was suspended to hear the following bill(s):  HB 2165.

 

The chair laid out HB 3119 and recognized the Senate sponsor, Senator Jackson, 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 HB 3119 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2654 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Ogden moved that HB 2654 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3477 and recognized the Senate sponsor, Senator Lucio, Jr., 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 HB 3477 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3611 and recognized the Senate sponsor, Senator Williams, 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 HB 3611 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3613 and recognized the Senate sponsor, Senator Williams, to explain the bill.  Senator Williams sent up Committee Amendment 1.  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 HB 3613 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 4611 and recognized the Senate sponsor, Senator Williams, 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 HB 4611 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1801 and recognized the Senate sponsor, Senator Shapiro, to explain the bill.  Senator Shapiro sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the house bill as engrossed.  Senator Shapiro moved to withdraw the committee substitute; without objection, it was so ordered.  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 HB 1801 be left pending; without objection, it was so ordered. 

 

Senator Hinojosa assumed the chair. 

 

The chair laid out HB 4583 and recognized the Senate sponsor, Senator Ogden, to explain the bill.  Senator Williams sent up Committee Amendment 1.  There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Hinojosa moved that HB 4583 be left pending; without objection, it was so ordered. 

 

Senator Ogden resumed the chair.

 

The chair laid out HB 2165 and recognized Senator Eltife, in the absence of the Senate sponsor, 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 HB 2165 be left pending; without objection, it was so ordered. 

 

Senator Zaffirini assumed the chair. 

 

The chair laid out HJR 36 and recognized the Senate sponsor, Senator Williams, to explain the bill. 

 

Senator Hinojosa assumed the chair. 

 

Senator Williams sent up Committee Amendment 1.  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 Hinojosa moved that HJR 36 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 4765 and recognized the Senate sponsor, Senator Patrick, 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 Hinojosa moved that HB 4765 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 4265 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  Senator Averitt sent up a committee substitute; the chair recognized Senator Averitt to explain the difference between the committee substitute and the house bill as engrossed.  Senator Hinojosa moved to re-open public testimony; without objection, it was so ordered.  There being no public testimony, the chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Hinojosa moved that HB 4265 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 4270 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  Senator Hinojosa moved to re-open public testimony; without objection, it was so ordered.  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 Hinojosa moved that HB 4270 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 4265.  Senator Hinojosa moved to re-open public testimony; without objection, it was so ordered.  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 Hinojosa moved that HB 4265 be left pending; without objection, it was so ordered. 

 

At 9:50 a.m. Senator Hinojosa moved that the Committee stand recessed until one hour after adjournment of the Senate; without objection, it was so ordered.

 

Senator Ogden reconvened the Committee at 5:32 p.m.

 

The chair laid out as a matter of pending business HJR 37 and recognized the Senate sponsor, Senator Watson, to explain the bill and a proposed committee substitute.  Senator Ogden moved that HJR 37 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 4433 and recognized the Senate sponsor, Senator Seliger, to explain the bill.  Senator Seliger sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the house bill as engrossed.  Senator Ogden moved that HB 4433 be left pending; without objection, it was so ordered. 

 

A quorum was established.

 

The chair laid out HB 3206, which had been left pending at previous hearing.  Senator Zaffirini moved that HB 3206 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 11 ayes, 0 nay, 0 present not voting, and 4 absent.  Senator Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.  Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 4265, and a committee substitute, both of which had been left pending earlier in the hearing.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Senator Williams moved that HB 4265 do not pass but that CSHB 4265 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 11 ayes, 0 nay, 0 present not voting, and 4 absent.  Senator Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.  Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 4433, and committee substitute, both of which had been left pending earlier in the hearing.  Senator Ogden moved to reconsider the vote by which a previous committee substitute had been adopted; without objection, it was so ordered.  Senator Seliger moved adoption of the new committee substitute; without objection, it was so ordered.  Senator Seliger moved that HB 4433 do not pass but that CSHB 4433 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 12 ayes, 0 nay, 0 present not voting, and 3 absent.  Senator Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.  Senator Seliger moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Hinojosa assumed the chair. 

 

The chair laid out HB 4586, and an adopted committee substitute, both of which had been left pending at a previous hearing.  Senator Ogden sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Ogden requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered.  Senator Ogden then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Ogden moved that HB 4586 do not pass but that CSHB 4586 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 Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered. 

 

Senator Ogden resumed the chair. 

 

The chair laid out HJR 37, and a committee substitute, both of which had been left pending earlier in the hearing.  Senator Ogden moved to pull down a committee substitute sent up at a previous hearing; without objection, it was so ordered.  Senator Whitmire sent up a new committee substitute.  Senator Whitmire moved adoption of the committee substitute; there being objection, a record vote was taken.  The motion carried with a record vote of 6 ayes, 5 nays, 0 present not voting, and 4 absent.  Senator Ogden moved that HJR 37 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1801, which had been left pending earlier in the hearing.  Senator Shapiro moved that HB 1801 be reported favorably 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 Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered. 

 

The chair laid out HB 2654, which had been left pending earlier in the hearing.  Senator Averitt moved that HB 2654 be reported favorably 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 Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered. 

 

The chair laid out HB 3477, which had been left pending earlier in the hearing.  Senator Hinojosa moved that HB 3477 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 12 ayes, 1 nay, 0 present not voting, and 2 absent.  Senator Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered. 

 

The chair laid out HB 3611, which had been left pending earlier in the hearing.  Senator Williams moved that HB 3611 be reported favorably 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 Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.  Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3613, which had been left pending earlier in the hearing.  Senator Williams sent up a committee substitute; the chair recognized Senator Williams to explain the difference between the committee substitute and the house bill as engrossed.  Senator Williams moved to withdraw the committee substitute, and Committee Amendment 1, sent up earlier in the hearing; without objection, it was so ordered.  Senator Williams moved that HB 3613 be reported favorably 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 Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.  Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Hinojosa assumed the chair. 

 

The chair laid out HB 4583, which had been left pending earlier in the hearing.  Senator Williams moved to withdraw Committee Amendment 1 sent up earlier in the hearing; without objection, it was so ordered.  Senator Ogden moved that HB 4583 be reported favorably 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 Lucio and Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered. 

 

Senator Ogden resumed the chair. 

 

The chair laid out HB 4611, which had been left pending earlier in the hearing.  Senator Williams moved that HB 4611 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 12 ayes, 0 nay, 0 present not voting, and 3 absent.  Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.  Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HJR 36, which had been left pending earlier in the hearing.  Senator Williams sent up a committee substitute, which included Committee Amendment 1 sent up earlier in the hearing; the chair recognized Senator Williams to explain the difference between the committee substitute and the house bill as engrossed.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Senator Williams moved that HJR 36 do not pass but that CSHJR 36 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 12 ayes, 0 nay, 0 present not voting, and 3 absent. 

 

There being no further business, at 6:35 p.m. Senator Ogden moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Steve Ogden, Chair

 

 

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Amy Jeter, Clerk