MINUTES
SENATE COMMITTEE ON FINANCE
Wednesday, March 31, 1999
9:00 a.m.
Capitol Extension, Room E1.036
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Finance was
held on Wednesday, March 31, 1999 in the Capitol Extension,
Room E1.036, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Bill Ratliff None
Senator Carlos Truan
Senator Gonzalo Barrientos
Senator John Carona
Senator Robert Duncan
Senator Troy Fraser
Senator Mario Gallegos, Jr.
Senator Jon Lindsay
Senator Mike Moncrief
Senator Steve Ogden
Senator Royce West
*****
The Chair called the meeting to order at 9:10 a.m. There
being a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Lindsay.
The Chair laid out SB 441, which had been left pending from a
previous hearing, and recognized the author, Senator Ellis, to
explain the bill.
Senator Moncrief sent up a committee substitute; the Chair
recognized Senator Ellis to explain the difference between the
committee substitute and the bill as filed. Senator Truan
moved to reconsider the vote on the adoption of a previous
committee substitute; without objection, it was so ordered.
Senator Moncrief moved adoption of the new committee
substitute, without objection, it was so ordered.
Senator Fraser sent up Committee Amendment 1 and, after
discussion, withdrew the amendment. Senator Barrientos sent
up Committee Amendment 2 and moved adoption. The motion
failed by a vote of 5 ayes, 5 nays, 0 present not voting, and
1 absent.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Moncrief moved that SB 441 do not pass but that CSSB
441 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent.
The Committee resumed its markup session on Senate Bill 2
(General Appropriations Bill) and worked on the following:
Pending Markup Issues on Articles IV and VIII
Health and Human Services Commission
Department of Health
Department of Mental Health and Mental Retardation
Health and Human Services - Special Provisions
Pending Issues on the Lottery Commission and the
Department of Transportation
The Committee adopted specific items included in the
Legislative Budget Board (LBB) markup document on each agency.
A formal vote will be taken on adopted items at the end of the
markup process.
During the consideration of pending markup issues on Articles
IV and VIII, the following action was taken:
The Committee adopted a revised rider on Appropriation:
Criminal Record Check Receipts under the Office of Consumer
Credit Commissioner. The revision appropriates all fees
collected in excess of $127,000 each year of the biennium to
the Office of the Consumer of Credit Commissioner, contingent
upon certification by the agency and verification by the
Comptroller.
Under the Office of Court Administration, the Committee
adopted riders on the Student Loan Repayment Program, Texas
Judicial Council and the Judicial Internship Program.
The Committee also adopted specific items included in the LBB
markup document on the State Commission on Judicial Conduct.
Under the State Office of Administrative Hearings, the
Committee adopted a funding request and rider for Judicial
Training from Texas Center for the Judiciary.
Under the Board of Tax Professional Examiners, the Committee
adopted a rider revision to increase exam fees from $45 to
$55.
On items not included in the LBB markup documents, the
following action was taken:
During consideration of the Health and Human Services
Commission:
Senator Moncrief moved adoption of a funding request for
$50,000 in 2000 and $50,000 in 2001 for Strategy A.1.1.
(System Integration) to assist with guardianship services
for elderly and disabled residents. The motion carried
without objection.
Senator Moncrief moved adoption of a rider to authorize
the Commission to utilize up to $2,500,000 for the
biennium to develop and implement a pilot waiver program
that would consolidate waiver services provided to
eligible clients. The motion carried without objection.
Senator Gallegos moved adoption of a rider to continue
funding to the Commission to develop a single functional
assessment tool that can be used on the long-term care
populations to determine their level of functional need
as provided for by House Bill 663, 75th Legislature. The
motion carried without objection.
Senator Barrientos moved adoption of a funding request
for $50,000 each year of the biennium for the Texas
Traumatic Brain Injury Advisory Board, and its
activities, under Strategy A.1.1. Systems Integration.
The motion carried without objection.
During consideration of the Department of Health:
Senator Moncrief moved adoption of funding request to add
General Revenue to replace $8 million in General Revenue
reduced to build in Earned Federal Funds balances in
Senate Bill 2, as introduced. The motion carried without
objection.
Senator Moncrief moved adoption of a contingency rider to
appropriate any additional laboratory revenues generated
in General Revenue-Dedicated Account 524 above a
specified amount for the purpose of laboratory
operations. The motion carried without objection.
Senator Moncrief moved adoption of a contingency rider to
allow funds collected pursuant to the Anatomical Gift
Education Program to be used for that program, contingent
on the passage of SB 673. The motion carried without
objection.
Senator Lindsay moved adoption of a rider to appropriate
$212,800 for the biennium out of Dedicated Account
5022-Oyster Sales to allow the Department to contract
with Texas A&M University at Galveston for the purpose of
research to determine Vibrio parahaemolyticus levels in
the Texas Oysters and Bay Waters. The motion carried
without objection.
Senator Barrientos moved adoption of an amended funding
request to authorize the funding for $4,000,000 each year
of the biennium for a new budget strategy for Women's
Health Initiative. The motion carried without objection.
Senator Ogden moved adoption of an amended rider to
improve compliance with the existing child abuse
reporting requirements. The motion carried without
objection.
Senator Truan moved adoption of an amended rider to
preserve the existing infrastructure provided by the
Community Oriented Primary Care Program (CONC.) under
Strategy D.3.1. The motion carried without objection.
Senator Gallegos moved adoption of a rider contingent
upon the enactment of SB 114 to authorize the
Department to use funds under Strategy E.2.2. Health Care
Coordination, only for the purposes permitted by federal
and state law relating to the emergency medical services
and trauma care system fund. With a vote of 7 ayes and
1 nay, the motion carried.
During consideration of the Department of Mental Health and
Mental Retardation:
Senator Moncrief moved adoption of a rider that specifies
that funds in Strategy A.1.3., Treatment, expended on new
generation medications shall be spent in accordance with
the practice guidelines developed through the Texas
Medication Algorithm Project (TMAP) or a TDMHMR-approved
variation or substitute of TMAP guidelines. The motion
carried without objection.
Senator Moncrief moved adoption of a rider directing the
department to employ strategies to contain "new
generation" medication costs by negotiating favorable
prices with suppliers, participating in pharmaceutical
company-sponsored pilot programs and employing generic
equivalents when indicated; and requiring the department
to submit a report to the LBB and Governor's Office
documenting its efforts to manage medication costs. The
motion carried without objection.
Senator Moncrief moved adoption of a rider amendment and
key measure for the Home and Community-based Services
Waiver Program. The motion carried without objection.
Senator Moncrief moved adoption of proposed action and
rider for the Transfer of Employee Benefits Costs for
Transition of Full-Time Equivalents to Local Control.
The motion carried without objection.
Senator Moncrief moved adoption of a funding request of
$2,000,000 each year of the biennium for Strategy A.1.2.,
Intensive Integrated Care. The motion carried without
objection.
In addition to items adopted in the LBB markup document for
the Lottery Commission, Senator Barrientos moved adoption of a
rider appropriating funds out of the State Lottery Account in
the General Revenue Fund in an amount equal to 5% of the
amount by which gross sales exceed $2,910,000,000 during
either or both years of the biennium for the purpose of
payment of retailer commissions. The motion carried without
objection.
During consideration of pending items for the Department of
transportation:
Senator Ratliff sent up a packet of riders that the
agency requested to be deleted, modified or adopted. The
Committee agreed to delete Riders #32, #35, #37, #38.
The Committee agreed to keep riders #27 and #28, #39 and
the rider on Interagency Agreements as written. The
Committee approved an amendment to #30 with the addition
of the Port Authority Advisory Committee.
Senator Ratliff moved adoption of a new rider on
Appropriation: Automobile Theft Prevention Funds. The
motion carried without objection.
Senator moved adoption of a new rider on Special Fund
Balances. The motion carried without objection.
There being no further business, at 6:30 p.m. Senator Ratliff
announced that the Committee would stand recessed until,
Thursday, April 1, 1999. Without objection, it was so
ordered.
______________________
Senator Bill Ratliff, Chair
______________________
Patricia Hicks, Clerk