MINUTES
SENATE COMMITTEE ON FINANCE
Monday, March 7, 2005
9:00 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 Monday, March 7, 2005, in the Capitol Extension, Room
E1.036, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Steve Ogden Senator Florence Shapiro
Senator Judith Zaffirini
Senator Kip Averitt
Senator Gonzalo Barrientos
Senator Kim Brimer
Senator Bob Deuell
Senator Robert Duncan
Senator Kyle Janek
Senator Jane Nelson
Senator Eliot Shapleigh
Senator Todd Staples
Senator Royce West
Senator John Whitmire
Senator Tommy Williams
*****
The chair called the meeting to order at 9:00 a.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 1, the General Appropriations Bill, which
had been left pending at a previous hearing. Witnesses
registering and testifying on the bill are shown on the attached
list.
The chair recognized Senator Williams to lay out the rider
relating to Article IX, regarding an Appropriation for a Salary
Increase. Senator Williams moved to adopt the rider. Senator
Brimer seconded the motion. There was a roll call vote. The
motion carried with a record vote of 14 ayes, 0 nays, 0 present
not voting, and 1 absent. Senator Duncan requested unanimous
consent to be shown voting aye; without objection, it was so
ordered.
The chair recognized Senator Williams to lay out the workgroup
recommendations regarding pending items and riders for Article
I.
Senator Williams moved to adopt the rider on pages 5 and 6, as
amended, of the workgroup recommendations on pending items for
Article I, regarding the Office of the Attorney General.
Without objection, it was so ordered.
Senator Williams moved to adopt the rider on page 8 of the
workgroup recommendations on pending items for Article I,
regarding the Historical Commission. Without objection, it was
so ordered.
Senator Williams moved to adopt the riders on pages 10 and 11,
regarding the Library and Archives Commission, the Texas Public
Finance Authority, and the Building and Procurement Commission;
and the Building and Procurement Commission, respectively, of
the workgroup recommendations on pending items for Article I.
Without objection, it was so ordered.
Senator Williams moved to adopt the rider on page 13 of the
workgroup recommendations on pending items for Article I,
regarding the Secretary of State. Without objection, it was so
ordered.
Senator Williams moved to adopt the rider on page 1of the
Article I riders document, regarding the Building and
Procurement Commission. Without objection, it was so ordered.
The chair recognized Senator Williams to lay out the workgroup
recommendations regarding pending items and riders for Article
IV.
Senator Williams moved to adopt Item 1 on page 2 of the
workgroup recommendations on pending items for Article IV,
regarding the Public Integrity Unit. Without objection, it was
so ordered.
Senator Williams moved to adopt the rider on page 3, as amended,
of the workgroup recommendations on pending items for Article
IV, regarding the Supreme Court of Texas. Without objection, it
was so ordered.
Senator Williams moved to adopt the rider on pages 4 and 5 of
the workgroup recommendations on pending items for Article IV,
regarding the Court of Criminal Appeals. Without objection, it
was so ordered.
Senator Williams moved to adopt the rider on pages 6-8 of the
workgroup recommendations on pending items for Article IV,
regarding a Contingency for Model Court Collections Program.
Without objection, it was so ordered.
The chair recognized Senator Williams to lay out the workgroup
recommendations for pending items and riders for Article VIII.
Senator Williams moved to adopt the rider on page 3 of the
workgroup recommendations on pending items for Article VIII,
regarding the State Office of Administrative Hearings. Without
objection, it was so ordered.
Senator Williams moved to adopt the rider on page 4 of the
workgroup recommendations on pending items for Article VIII,
regarding the Funeral Service Commission. Without objection, it
was so ordered.
Senator Williams moved to adopt the rider on page 6 of the
workgroup recommendations on pending items for Article VIII,
regarding the Board of Professional Geoscientists. Without
objection, it was so ordered.
Senator Williams moved to adopt the technical adjustments on
page 7, and the related riders on pages 8 and 9 of the workgroup
recommendations on pending items for Article VIII, regarding the
Department of Insurance. Without objection, it was so ordered.
Senator Williams moved to adopt the rider distributed to the
Committee members regarding the Health Professions Council.
Without objection, it was so ordered.
Senator Williams moved to adopt the rider on page 11 of the
workgroup recommendations on pending items for Article VIII,
regarding the Optometry Board. Without objection, it was so
ordered.
Senator Williams moved to adopt Items 1 and 2 on page 12, and
the related rider on page 13 of the workgroup recommendations on
pending items for Article VIII, regarding the Residential
Construction Commission. Without objection, it was so ordered.
The chair recognized Senator Whitmire to lay out the workgroup
recommendations for pending items and riders for Article V.
Senator Whitmire moved to adopt Items 2 and 3 on page 2 of the
workgroup recommendations on pending items for Article V,
regarding the Adjutant General's Department. Without objection,
it was so ordered.
Senator Whitmire moved to adopt the recommendations on page 3,
and the related rider on pages 4 and 5 of the workgroup
recommendations on pending items for Article V, regarding the
Department of Criminal Justice. Without objection, it was so
ordered.
Senator Whitmire moved to adopt Item 1 on page 6 of the
workgroup recommendations on pending items for Article V,
regarding the Commission on Fire Protection. Without objection,
it was so ordered.
Senator Whitmire moved to adopt Items 2 and 3 on page 7 of the
workgroup recommendations on pending items for Article V,
regarding the Military Facilities Commission. Without
objection, it was so ordered.
The chair recognized Senator Whitmire to lay out the workgroup
recommendations for pending items and riders for Article VI.
Senator Whitmire moved to adopt the rider on page 2 of the
workgroup recommendations on pending items for Article VI,
regarding the Department of Agriculture. Without objection, it
was so ordered.
Senator Whitmire moved to adopt Items 6 and 14 on page 3 of the
workgroup recommendations on pending items for Article VI,
regarding the Commission on Environmental Quality. Without
objection, it was so ordered.
Senator West moved to adopt the related rider on page 4 of the
workgroup recommendations on pending items for Article VI,
regarding the Commission on Environmental Quality. Without
objection, it was so ordered.
Senator Averitt moved to adopt the rider on page 5 of the
workgroup recommendations on pending items for Article VI,
regarding the Commission on Environmental Quality. Without
objection, it was so ordered.
Senator Whitmire moved to adopt the rider on pages 6 and 7 of
the workgroup recommendations on pending items for Article VI,
regarding the Railroad Commission. Without objection, it was so
ordered.
Senator Whitmire moved to adopt the rider on pages 8 and 9 of
the workgroup recommendations on pending items for Article VI,
regarding the Water Development Board. Without objection, it
was so ordered.
Senator Whitmire moved to adopt the rider on page 10 of the
workgroup recommendations on pending items for Article VI,
regarding the Water Development Board. Senator Whitmire
withdrew the motion to adopt the rider. Senator Duncan moved to
leave the rider on page 10 pending. Without objection, it was
so ordered.
Senator Whitmire moved to adopt the recommendations on page 11,
and the related rider on page 12 of the workgroup
recommendations on pending items for Article VI, regarding Debt
Service Payments for Non-Self Supporting G.O. Water Bonds.
Without objection, it was so ordered.
Senator Whitmire moved to adopt the rider on page 1of the
Article VI riders document, regarding the Commission on
Environmental Quality. Without objection, it was so ordered.
The chair recognized Senator Whitmire to lay out the workgroup
recommendations for pending items and riders for Article VII.
Senator Whitmire moved to adopt the rider on page 3 of the
workgroup recommendations on pending items for Article VII,
regarding the Department of Transportation. Without objection,
it was so ordered.
Senator Staples moved to adopt the riders on pages 4 and 5 of
the workgroup recommendations on pending items for Article VII,
regarding the Department of Transportation. Without objection,
it was so ordered.
Senator Staples moved to adopt the proposed rider deletion
language on page 6 of the workgroup recommendations on pending
items for Article VII, regarding the Department of
Transportation. Without objection, it was so ordered.
Senator Whitmire moved to adopt the rider on page 3 of the
Article VII riders document, regarding the Department of
Transportation. Without objection, it was so ordered.
The chair recognized Senator Williams to lay out the workgroup
recommendations on pending items and riders for Article VIII,
regarding the Public Utility Commission, and the Office of
Public Utility Counsel.
Senator Williams moved to adopt Item 1 on page 14 of the
workgroup recommendations on pending items for Article VIII,
regarding the Public Utility Commission. Without objection, it
was so ordered.
Senator Williams moved to adopt Item 2 on page 14 and the
related rider on pages 16 and 17 of the workgroup
recommendations on pending items for Article VIII, regarding the
Public Utility Commission. There was an objection. There was a
roll call vote. The motion carried with a record vote of 8
ayes, 5 nays, 0 present not voting, and 2 absent.
Senator Williams moved to adopt the rider on page 18 of the
workgroup recommendations on pending items for Article VIII,
regarding the Office of Public Utility Counsel. Without
objection, it was so ordered.
The chair recognized the Committee members to make motions on
riders in the Article I riders document.
Senator Brimer moved to adopt the rider on page 3 of the Article
I riders document, regarding the Commission on the Arts. There
was an objection. There was a roll call vote. The motion
failed with a record vote of 5 ayes, 8 nays, 0 present not
voting, and 2 absent.
Senator Shapleigh moved to adopt the rider on page 6 of the
Article I riders document, regarding the Trusteed Programs
Within the Office of the Governor. There was an objection.
There was a roll call vote. The motion failed with a record
vote of 2 ayes, 11 nays, 0 present not voting and 2 absent.
Senator Nelson moved to adopt the rider on page 8 of the Article
I riders document, regarding the Office of the Attorney General.
Senator Nelson temporarily withdrew the motion. Senator Nelson
then moved to adopt the rider on page 8, as amended, of the
Article I rider document, regarding the Office of the Attorney
General. Without objection, it was so ordered.
Senator Ogden moved that SB 1 be left pending; without
objection, it was so ordered.
At 11:24 a.m. Senator Ogden moved that the Committee stand
recessed until 45 minutes after adjournment of the Senate;
without objection, it was so ordered.
The Committee reconvened at 3:01 p.m.
The Committee stood at ease.
The Committee resumed business at 3:14 p.m.
Senator Ogden laid out the rider distributed to the Committee
members regarding the Department of Public Safety. Senator
Ogden moved that the rider be left pending awaiting a quorum;
without objection, it was so ordered.
Senator Williams was recognized to lay out the "Exempt Salary
Positions: 79th Session Requested Salary Increases"
recommendation document. Senator Ogden moved that the document
be left pending awaiting a quorum; without objection, it was so
ordered.
Senator Nelson was recognized to lay out the rider on page 18 of
the Article VI riders document, regarding the Parks and Wildlife
Department, on behalf of the author, Senator Staples. Senator
Nelson withdrew the motion to be recognized; without objection,
it was so ordered.
Senator Ogden laid out the recommendation document on Article X.
Senator Ogden moved that the document be left pending awaiting a
quorum; without objection, it was so ordered.
Senator Williams was recognized to lay out the riders on pages
19-27 of the workgroup recommendations for Article VIII,
regarding the Board of Barber Examiners, and the Cosmetology
Commission. Senator Ogden moved that the riders be left pending
awaiting a quorum; without objection, it was so ordered.
Senator Williams was recognized to lay out the rider distributed
to the Committee members regarding the Health Professions
Council, Office of Patient Protection Funding. Senator Ogden
moved that the rider be left pending awaiting a quorum; without
objection, it was so ordered.
Senator Nelson was recognized to lay out the rider distributed
to the Committee members regarding the Health and Human Services
Commission, Patient Protection Activities. Senator Ogden moved
that the rider be left pending awaiting a quorum; without
objection, it was so ordered.
Senator Barrientos was recognized to lay out the rider on page 4
of the Article I riders document, regarding the Comptroller of
Public Accounts. Senator Ogden moved that the rider be left
pending; without objection, it was so ordered.
Senator Barrientos was recognized to lay out the rider on page 5
of the Article I riders document, regarding Trusteed Programs
Within the Office of the Governor. Senator Ogden moved that the
rider be left pending; without objection, it was so ordered.
Senator Barrientos was recognized to lay out the rider on page
10 of the Article I riders document, regarding Historically
Underutilized Business Enforcement and Audits, on behalf of the
author, Senator West. Senator Ogden moved that the rider be
left pending; without objection, it was so ordered.
Senator Ogden moved to adopt the rider regarding the Department
of Public Safety, as amended, which had been left pending
earlier in the hearing; without objection, it was so ordered.
Senator Williams moved to adopt the "Exempt Salary Positions:
79th Session Requested Salary Increases" recommendation
document, as amended, which had been left pending earlier in the
hearing. There was a roll call vote. The motion carried with a
record vote of 10 ayes, 1 nay, 0 present not voting, and 4
absent. Senator Whitmire requested unanimous consent to be
shown voting aye; without objection, it was so ordered.
Senator Williams moved to adopt the riders on pages 19-27 of the
workgroup recommendations for Article VIII, regarding the Board
of Barber Examiners, and the Cosmetology Commission, which had
been left pending earlier in the hearing. There was a roll call
vote. The motion carried with a record vote of 10 ayes, 0 nays,
1 present not voting, and 4 absent. Senator Whitmire requested
unanimous consent to be shown voting aye; without objection, it
was so ordered.
Senator Williams moved to adopt the rider regarding the Health
Professions Council, Office of Patient Protection Funding, which
had been left pending earlier in the hearing; without objection,
it was so ordered.
Senator Nelson moved to adopt the rider regarding the Health and
Human Services Commission, Patient Protection Activities, which
had been left pending earlier in the hearing; without objection,
it was so ordered.
Senator Williams moved that the Department of Information
Resources budget be adopted; without objection, it was so
ordered.
Senator Ogden moved to adopt the Article X recommendation
document, which had been left pending earlier in the hearing;
without objection, it was so ordered.
Senator Ogden moved that SB 1 be left pending; without
objection, it was so ordered.
There being no further business, at 4:10 p.m. Senator Ogden
moved that the Committee stand recessed until 8:00 a.m. the
following morning, March 8, 2005. Without objection, it was so
ordered.
_____________________________
Senator Steve Ogden, Chair
_____________________________
Amy Jeter, Clerk