House Committee on Appropriations 75th Legislature February 20, 1997 8:00 am Capitol Extension, E1.030 Pursuant to a notice posted on February 06, 1997, the House Committee on Appropriations met in a public hearing and was called to order by the Chair, Representative Robert Junell at 8:03 am. The roll was answered as follows: Present: Representatives Junell; Averitt; Cuellar; Davis; Eiland; Gallego; Glaze; Heflin; Hinojosa; Hochberg; Kubiak; Mowery; Price; Swinford; Turner, Sylvester; Walker; West, George "Buddy" (17). Absent: Representatives Delisi; Coleman; Finnell; Greenberg; Haggerty; Hernandez; Moreno; Pitts; Raymond; Tillery (10). A quorum was present. Supreme Court of Texas Testimony was taken. See witness list. Representative Price moves to adopt the LBB budget as amended. Add the following to Article XI: salary increase for 10 staff attorneys, 1 staff attorney for mandamus and habeas corpus cases, a deputy executive assistant, a salary increase for 18 briefing attorneys, funds for furniture and repairs, an increase for continuing legal education, funding for Westlaw and Lexis, and an increase for NCSC assessment. Representative Price notes that the priorities for the courts are items 4 and 5 of this list. Add a rider to encourage the promulgation of rules for voice and video recording. The motion was adopted. (Representative Greenberg now present.) (Representative Pitts now present.) (Representative Raymond now present.) (Representatives Finnell and Tillery now present.) (Representative Moreno now present.) (Representative Hernandez now present.) The motion is adopted. Court of Criminal Appeals Testimony was taken. See witness list. Representative Price moves to adopt the LBB budget with a pending item and as amended. Amend Riders 1 - 4. Add the following to Article XI: rider granting UB in the second year of the biennium (1999), add rider granting UB above the line, add $2 million dollars in Article XI for death penalty habeas representation. The motion was adopted. (Representative Coleman now present.) 14 Courts of Appeals Testimony was taken. See witness list. Representative Price moves to adopt LBB budget on all 14 courts of appeals with one technical correction in the First Court of Criminal Appeals. All other court requests moved to Article XI . The motion was adopted. Office of Court Administration Testimony was taken. See witness list. Representative Gallego moves to adopt the LBB budget as amended. Add the following to Article XI: raises for exempts and classified employees, 3 FTE's for data processing and technology support and the recommendations of the Commission on Judicial Efficiency on strategic planning, judicial compensation commission, recruitment program, annual reporting of demographic data, student loan program, and a state judicial committee on information technology. The motion was adopted. State Prosecuting Attorney, Office of the Testimony was taken. See witness list. Representative Price moves to adopt the LBB budget. The motion was adopted. State Law Library Representative Walker moves to adopt the LBB budget as amended. Add to Article XI legal reference materials and a toll-free telephone line. The motion was adopted. Court Reporters Certification Board Representative Price moves to adopt the LBB budget as amended. Add to Article XI funds for curriculum approval and enforcement. The motion was adopted. Commission on Judicial Conduct Testimony was taken. See witness list. Representative Gallego moves to adopt the LBB recommendations as amended. Delete the attorney VI position which was not filled last biennium. Change the title of the general counsel to deputy director. The motion was adopted. Judiciary Section, Comptroller's Testimony was taken. See witness list. Representative Gallego moves to adopt the LBB budget as amended. Make a technical correction. Add the following to Art XI: Public Integrity Unit - add 3% salary increase for General State Division, provide funds for rental office space for Motor Fuels Division, provide funds for rental office space for Insurance Fraud Division; an attorney for general state division; 3% salary increase for Motor Fuels Tax Division; 3% salary increase for Insurance Fraud Division; an investigator II (1 FTE); auditor III (1 FTE); Paralegal II (.5 FTE), a legal secretary (1 FTE), a law clerk (.5 FTE); capital expenses. Add also to Article XI: Commission on Judicial Efficiency: emergency contingency fund and judicial salaries and Texas District and County Attorneys Association: increase travel, and increase salaries. The motion was adopted. Article IV Special Provisions Representative Turner moves to adopt the LBB budget as amended. Add riders on systems compatibility and transfer of cases. The motion was adopted. Adjutant General's Department Testimony was taken. See witness list. Representative Hinojosa moves to adopt the LBB budget with technical corrections. The issue of FTE s at the agency was left pending. The motion was adopted. At 9:50 am, on the motion of the chair and without objection, the meeting was recessed until February 20, 1997 or upon adjournment. House Committee on Appropriations reconvened at 11:10 am. The roll was answered as follows: Present: Representatives Junell; Averitt; Cuellar; Finnell; Gallego; Glaze; Heflin; Hernandez; Hinojosa; Hochberg; Moreno; Mowery; Price; Swinford; Turner, Sylvester; Walker; West, George "Buddy" (16). Absent: Representatives Delisi; Coleman; Davis; Eiland; Glaze; Greenberg; Haggerty; Kubiak; Pitts; Raymond; Tillery (11). A quorum was present. Armory Board, National Guard Testimony was taken. See witness list. Representative Hinojosa moves to adopt the LBB budget as amended. Issues relating to federal funds and the Peace Prairie II project were left pending. Rider #7 was deleted. The motion was adopted. (Representative Pitts now present.) (Representative Tillery and Kubiak now present.) (Representative Eiland now present.) (Representative Greenberg now present.) (Representative Coleman now present.) Alcoholic Beverage Commission Testimony was taken. See witness list. Representative Walker moved to adopt the LBB budget as amended. Add the following to Art XI: additional MLPP funding for the replacement of 83 enforcement vehicles, replacement of 220 mobile radios and 25 base stations, two additional FTE s in the legal division, and replacement of six border stations. Two riders were adopted: agent training and review of rules. Leave rider for funding of legal costs pending. The motion was adopted. Law Enforcement Officer Standards and Education, Commission on Testimony was taken. See witness list. Representative Gallego moved to adopt the LBB budget as amended. Add the following to Article XI: funding for local continuing education program. Add new rider to keep interest on Peace Officer Memorial Account. The motion was adopted. At 12:15 pm, on the motion of Representative Turner, Sylvester and without objection, the meeting was recessed until February 20, 1997 at 1:30 pm. House Committee on Appropriations reconvened at 1:43 pm. The roll was answered as follows: Present: Representatives Junell; Averitt; Cuellar; Davis; Eiland; Finnell; Greenberg; Heflin; Hernandez; Kubiak; Pitts; Price; Raymond; Swinford; Tillery; Turner, Sylvester; Walker; West, George "Buddy" (18). Absent: Representatives Delisi; Coleman; Gallego; Glaze; Haggerty; Hinojosa; Hochberg; Moreno; Mowery; (9). A quorum was present. Fire Protection, Commission on Testimony was taken. See witness list. The budget for the Commission on Fire Protection was left pending. (Representative Gallego now present.) (Representative Mowery now present.) (Representative Glaze now present.) (Representative Moreno now present.) (Representative Hochberg now present.) Representative Turner moves to send the agency back to subcommittee. Attorney General, Office of the Representative Gallego moved to adopt LBB budget as amended. Add the following to Article XI: costs of implementing provisions of federal welfare reform, additional funding for Crime Victims Compensation, a contingency rider on interest accrued in the Compensation to Victims Crime Fund and the Compensation to Victims Auxiliary Fund, a rider to reinvest the proceeds from depreciation to the Child Support Program, combine Riders 11 and 14, a contingency rider on the Sexual Assault and Crisis Services Program, and a rider regarding CASA. Add the following to the bill pattern: reinstate rider 22, adjust performance target for Average Turnaround Time for Payment of Bills to 21 days, adjust performance target for Amount of Medicaid Overpayments Identified to 1.5 million, and a rider concerning interagency contracts for legal services. The motion was adopted. (Representative Hinojosa now present.) (Representative Delisi now present.) Worker's Compensation Payments, Office of the Attorney General Testimony was taken. See witness list. Representative Gallego moved to adopt the LBB budget as amended. Add the following to the bill pattern: one cash flow rider. The motion was adopted. Chairman Junell moves that the Committee stand at ease for 5 minutes. The Committee reconvenes at 4:03pm. Polygraph Examiners Board Testimony was taken. See witness list. Representative Walker moved to adopt the LBB budget with a pending item as amended. Add the following to the bill pattern: additional funds for travel and purchase of an automobile, contingency funds for hearing costs at SOAH, add key measure Jurisdictional Complaints Received to strategy A.1.1., a rider to transfer one surplus vehicle from the DPS to the Polygraph Examiners Board for $1 Add the following to Article XI: add agency to list in Article IX making agency eligible to purchase a car, change fee amount in rider #1. Add a rider to cover costs of additional items requested by agency. Leave pending the issue of board expenses. The motion was adopted. Private Investigators and Private Security Agencies, Board of Testimony was taken. See witness list. Representative Hinojosa moved to adopt the LBB budget. The motion was adopted. Sex Offender Treatment, Council on Testimony was taken. See witness list. Representative Turner moved to adopt the LBB budget with a pending item. One pending contingency rider. The motion was adopted. Public Safety, Department of Testimony was taken. See witness list. Representative Turner moved to adopt the LBB budget with two pending items and as amended. Reinstate riders # 22 and #26. Representative Tillery s rider for a toll free telephone number was left pending. Representative Hochberg s rider on fees was left pending. The motion was adopted. Criminal Justice Policy Council Representative Turner moved to adopt the LBB budget. The motion was adopted. Youth Commission, Texas Testimony was taken. See witness list. Representative Turner moved to adopt the LBB budget as amended. Add the following to Article XI: funding for additional capacity, funding to improve institutions at halfway houses, funding for apprehension specialists, funding for chaplains, funding for 13 psychologists, funding to increase specialized treatment for the emotionally disturbed, funding to provide employability skills, add a contingency rider to provide for a teacher pay raise, provide funding for additional positions for the interstate cooperative agreement, additional positions in central administration, funding for construction and rehabilitation of buildings, funding for conversion of a TDCJ facility." Add the following to the bill pattern: rider on rehabilitation and treatment. The motion was adopted. Juvenile Probation Commission Testimony was taken. See witness list. Representative Turner moved to adopt the LBB budget as amended. Reinstate Rider #4, Reinstate and modify rider #7, implement U.B. rider for local construction grant program, Add the following to Article XI: $3,068,381 in FY 1998 and $5,865,395 in FY 1999 for operational costs at post-adjudication facilities, and funding for Progressive Sanctions Levels one, two, and three, and a rider relating to funding for progressive sanctions.. The motion was adopted. Criminal Justice, Department of Testimony was taken. See witness list. Representative Turner moved to adopt the LBB budget as amended. Add the following to the bill pattern: reinstate rider 56, add new rider to clarify authority to purchase certain contract treatment services, add rider on prison construction prioritization. Add the following to Article XI: funding to reingineering project, funding for information resource technology, funding for construction and operation of prison facilities, funding for victims services, add Hazardous Duty Pay rider. The motion was adopted. At 6:47 pm, on the motion of the chair and without objection, the meeting was recessed until February 20, 1997 at 8:00 pm. ______________________ ______________________ Rep. Robert Junell, Chair Janis Carter, Clerk