House Committee on Appropriations 75th Legislature February 26, 1997 8:00 am Capitol Extension, E1.030 Pursuant to a notice posted on February 06, 1997 and revised on February 21, 1997, the House Committee on Appropriations met in a public hearing and was called to order by the Chair, Representative Robert Junell at 8:17 am. The roll was answered as follows: Present: Representatives Junell; Delisi; Averitt; Cuellar; Davis; Finnell; Glaze; Greenberg; Heflin; Hochberg; Kubiak; Pitts; Raymond; Swinford; Tillery; Turner, Sylvester; Walker; West, George "Buddy" (18). Absent: Coleman; Eiland; Gallego; Haggerty; Hernandez; Hinojosa; Moreno; Mowery; Price (9). A quorum was present. ARTICLE III - EDUCATION Article III Special Provisions Representative Cuellar moves to take up and consider section 3 on revenue enhancement and transfer notification. Mr. Hochberg is recognized to lay out section 3. The rider is adopted. Representative Greenberg moves to amend Section 11: Prohibition Against Additional Museums. The motion is withdrawn. Representative Cuellar moves to amend Section 20: Formula Variable and Educational and General Income Audits. The item is left pending. Representative Cuellar moves to amend Section 25: Elements of Unsponsored Charity Care. The item is left pending. Representative Cuellar moves to amend Section 26: Unsponsored Charity Care Reporting Requirements. The motion was adopted. Representative Cuellar moves to amend Section 27: Patient Income Eligibility Guidelines. The motion was adopted. (Representative Moreno now present.) (Representative Hinojosa now present.) Representative Cuellar lays out a new rider on Performance Measures for Urban Institutions. Representative Hochberg is recognized to explain the rider. The rider is adopted. Representative Cuellar lays out a new rider on Research and Funding. Representative Greenberg explains the rider. The rider is adopted. Representative Cuellar lays out a new rider on Utilization of Physical Plant by General Academic Institutions. The rider is adopted. Representative Cuellar lays out new Rider 4 on Tenure Requirement. The item is left pending. (Representative Haggerty now present.) Representative Cuellar lays out new Rider 5 on Faculty and Terminal Degrees. Representative Greenberg explains the rider. The rider is adopted. Representative Cuellar lays out new Rider 6 on Academic Bootcamp Programs. The item is left pending. (Representative Eiland and Mowery now present.) Representative Cuellar lays out new Rider 7 on Enrollment Management Plan. The rider is adopted as amended. (Representative Gallego now present.) Representative Cuellar lays out new Rider 8 on Benchmarks for Athletic Programs. The item is left pending. Testimony was taken. See attached witness list.????????????? Representative Cuellar lays out new Rider 9 on Back to Basics Allocation. Representative Cuellar withdraws the rider. Representative Cuellar lays out new Rider 10 on Admissions, Scholarship and Financial Aid Criteria. (Representative Coleman now present.) (Representative Hernandez now present.) The rider is adopted. Representative Cuellar lays out new Rider 12 on Private Donation for Minority Students. The rider is withdrawn. Chairman Junell moves to leave the rest of the Article III, Special Provisions pending until upon recess. And for the Committee to take up and consider legislation. (Representative Delisi in chair.) Chair Woman Delisi lays out HB 834 and recognizes Representative Junell to speak on HB 834 on Motor Fuel Tax. No witnesses spoke. Representative Kubiak moved that HB 834 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Junell; Delisi; Averitt; Coleman; Cuellar; Davis; Eiland; Finnell; Gallego; Glaze; Greenberg; Haggerty; Heflin; Hernandez; Hochberg; Kubiak; Moreno; Mowery; Pitts; Raymond; Swinford; Tillery; Turner, Sylvester; Walker; West, George "Buddy" (25). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hinojosa; Price (2). At 9:48 am, on the motion of the chair and without objection, the meeting was recessed until February 26, 1997 at 11:00 or upon adjournment of the House. House Committee on Appropriations reconvened at 11:38 am. The roll was answered as follows: Present: Representatives Junell; Delisi; Coleman; Cuellar; Eiland; Greenberg; Heflin; Kubiak; Moreno; Mowery; Pitts; Raymond; Walker; West, George "Buddy" (14). Absent: Averitt; Davis; Finnell; Gallego; Glaze; Haggerty; Hernandez; Hinojosa; Hochberg; Price; Swinford; Tillery; Turner, Sylvester (13). Special Provisions, Article III (cont'd) Representative Cuellar lays out New Rider 12 on Post Tenure Review. The rider is adopted. Representative Junell lays out New Rider 13 on Disparity Study. The rider is adopted as amended. Representative Greenberg lays out New Rider 14 on Coordination of Higher Education Technology Collaboration. The rider is adopted. (Representatives Davis and Tillery now present.) Representative Eiland lays out New Rider 16 on Prohibition on Use of Funds for Procedures Not Covered Under Licensing Laws. A vote by the show-of-hands was taken The rider fails. (Representatives Hinojosa and Swinford now present.) (Representative Glaze now present.) Charity Care Rider Testimony was taken. See attached witness list. The motion is adopted. Chairman Junell moves to adopt existing riders. The riders are adopted. At 11:59 am, on the motion of the chair and without objection, the meeting was recessed until February 26, 1997 at 1:30 pm. House Committee on Appropriations reconvened at 1:46 pm. The roll was answered as follows: Present: Representatives Junell; Delisi; Coleman; Cuellar; Davis; Eiland; Finnell; Gallego; Glaze; Heflin; Hinojosa; Kubiak; Moreno; Mowery; Raymond; Tillery; Turner, Sylvester; Walker; West, George "Buddy" (19). Absent: Averitt; Greenberg; Haggerty; Hernandez; Hochberg; Pitts; Price; Swinford (8). A quorum was present. ARTICLE V - PUBLIC SAFETY AND CRIMINAL JUSTICE (pending) Adjutant General's Department Testimony was taken. See attached witness list. Representative Turner moved to adopt the LBB recommended budget as amended and two technical corrections. Add the following to Article XI: funding for facilities modernization and one water supply rider. The following rider was moved to the bill pattern: a rider relating to temporary assignments. The motion was adopted. (Representative Pitts now present.) (Representative Averitt now present.) (Representative Swinford now present.) (Representative Greenberg now present.) Armory Board, National Guard Testimony was taken. See attached witness list. Representative Turner moved to recommend the LBB budget as amended. Move the following to Article XI: 100% federally funded projects, combined federally funded and state funded projects, and one rider relating to temporary assignments. Move the following to the bill pattern: rider granting U.B. authority for unexpended bond proceeds, and funding for operations and maintenance for the Peace Prairie II Project. Delete one rider relating to board travel from the LBB recommended budget. The motion was adopted. Polygraph Examiners Board Testimony was taken. See attached witness list. Representative Turner moved to recommend the LBB budget as amended. One contingent revenue rider was moved to the bill pattern. The motion was adopted. (Representative Hernandez now present.) ARTICLE II - HEALTH AND HUMAN SERVICES (CONT'D) Health, Department of Testimony was taken. See attached witness list. Representative Coleman moves to adopt the LBB budget with pending items and as amended. Add $6 million to A.1.2.. Add $1.2 million to C.1.1. Delete $2.1 million in D.2.1. Change the MOF on D.1.2. Leave the capital budget rider pending. Add to Article Xi new dollars for construction on state chest hospitals. Leave laboratory pending. Add Management of funds in CIDC rider. Add new contingency rider on A.1.2. Add new contingency rider on health care standards. Add new rider on transfer for health professions council. Add new rider on unexpended balances. Make two technical corrections. Add the recommended provisions into Article Xi as listed in working document. Add a new rider of pediatric Emergency service system (failed on first vote. reconsidered and passed.) Add new rider on GME payments. Add new rider on Birth defects registry. Add new rider on vendor drug program as amended. Leave pending rider on Abstinence education. Add new rider on ESRD. Add new language to transfer funds for the medically under served. The motion is adopted. Texas Department of Protective and Regulatory Services Testimony was taken. See attached witness list. Representative Coleman moves to adopt the LBB bill pattern with pending items and as amended. Transfer funds from A.1.2. at agency request for cleanup. Add funds from within budget to A.1.1. Add funds from within the bill to A.1.2. Add funds from with the budget to A.1.2. Add funds from within the bill to A.1.3. Add funds from within the bill fro A.1.4. Add funds from within the bill for A.2.1. Add funds from within the bill for A.3.1. Add funds from within the bill to A.1.6. Add funds from within the budget to A.1.6. Add funds from within the budget for A.1.6. Add funds from within the budget to A.1.3. Change the MOF by reducing GR and adding TANF block grant funds. LBB is instructed to reduce strategies as listed in working document. Add a new rider on contract quality assurance. LBB is directed to list items as listed in the working document in Article XI. Add a new rider on Intensive services. Add a new rider on law enforcement training. Add a new rider on reappropriation of funds. Leave reappropriation for alternative services. Add a rider on TPR HHS 8. Add a rider as amended on foster care rates. The motion is adopted. At 7:17 pm, on the motion of the chair and without objection, the meeting was adjourned for a work session until February 27, 1997 at 8:00 am. ______________________ ______________________ Rep. Robert Junell, Chair Janis Carter, Clerk