House Committee on Appropriations 75th Legislature February 28, 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 8:09 am. The roll was answered as follows: Present: Representatives Junell; Delisi; Coleman; Cuellar; Davis; Eiland; Finnell; Glaze; Greenberg; Heflin; Hernandez; Hochberg; Kubiak; Moreno; Mowery; Pitts; Price; Swinford; Tillery; Turner, Sylvester; Walker; West, George "Buddy" (22). Absent: Representatives Averitt; Gallego; Haggerty; Hinojosa; Raymond (5). A quorum was present. ARTICLE IX Representative Greenberg moves to adopt the revised salary schedule and to allow for a technical correction of salary provisions on the House floor. The revised salary schedule is to include 3 new salary schedules: schedule A, schedule B, and schedule C. The motion was adopted. (Representative Averitt now present.) (Representatives Gallego and Hinojosa now present.) (Representative Haggerty now present.) Representatives Swinford and Delisi move to adopt new travel policy rider to add personal responsibility for frivolous and non essential travel. The motion is amended. The motion was adopted as amended. Chairman Junell moves to adopt a 10% travel reduction on each agency. The motion is adopted. Representative Kubiak moves to amend state employee reimbursement from $55 a night to $70 a night. The motion is adopted. Representative Delisi moves to amend Section 12(11) to add definitions on COG's, Workforce Boards, Unit of local Government, and MHMR Centers. The motion is adopted. Representative Greenberg moves to reinstate 0ld Section 24(4) authorizing the Governor to make a deficiency grant from unappropriated balances. The motion is adopted. Representative Greenberg moves to adopt a definition on disabled, Section 17(10). The motion is adopted. (Representative Raymond now present.) Representative Delisi moves to amend Section 35(2), Publications, to include any appointed officer of the state. The motion was adopted. Representative Greenberg moves to amend Section 37, Section 38, and other related sections to conform to the recommendations of the House Appropriations Subcommittee on Information Resources. The motion is adopted. Representative Hochberg moves to amend Section 39 (WTDRC). The motion is adopted. Representative Swinford moves to amend Section 46 to further prohibit agencies from contracting with previous employees. The motion is amended. The motion is adopted. Representative Swinford moves to amend Section 54 to allow for quicker payments on torts involving property damage under $25,000. The motion is adopted. Representative Greenberg moves to amend Section 66 to clarify intent of fee increases. The motion was adopted. Representatives Eiland, Pitts, et al. move to add a section on fee increase notification. The motion is adopted. Representative Greenberg moves to add a section directing the creation of a six year statewide capital plan. The motion was adopted as amended. Representative Cuellar moves to add a statewide rider on performance bench marking. The motion was adopted. Representative Cuellar moves to add a section implementing customer satisfaction provisions statewide. The motion was adopted. Representatives Greenberg, Heflin and Turner move to amend the Sections under Equal Opportunity Provisions. The motion is adopted. Representative Greenberg moves to include language prohibiting the payment by a state agency of membership dues to an organization the registers as a lobby firm or has an individual that must register under the lobby code. The motion is adopted. Representative Delisi moves to add a section applying various provisions of Article IX to COG's, MHMR centers, Workforce Boards, and local units of government as previously defined. The motion was adopted. Representative Greenberg moves to amend Section 80 to include Institutions of Higher Education and the State Auditors office. The motion was adopted as amended. Representative Heflin moves to adopt the TPR recommendation of the deletion of phantom positions at state agencies, with the intent that a technical floor amendment will be offered with newer numbers. The motion was adopted. Representative Greenberg moves to adopt a new section on electronic commerce. The motion was adopted. Representative Greenberg moves to adopt a new section on credit card service fees. The motion was adopted. Representative Greenberg moves to amend Section 139 on early childhood programs. The motion was adopted. Representative Greenberg moves to adopt a new section on standards of State Employee Conduct. The motion was adopted. Representatives Cuellar, Junell, and Gallego moves to adopt a new section on Agency Rule Review as amended. The motion was adopted. Representative Greenberg moves to adopt a new section on Non Resident Bidders and Recycled Materials. The motion was adopted. Representative Gallego moves to add travel expense language. The language has been previously adopted. The motion fails. Representative Greenberg moves to adopt TPR language on Non refundable Airline Tickets. The motion was adopted. Representative Greenberg moves to adopt TPR recommendations CG 5, CG 15, CG 16, and GG 24. The motion was adopted. Representative Greenberg moves to adopt TPR recommendation CG 18 on Recover Housing Cost. This issue to be considered in subcommittee on emoluments. The motion is left pending. Representative Greenberg moves to adopt Early Retirement Salary Adjustments contingent upon the passage of legislation. The motion is withdrawn. Representative Greenberg moves to adopt TPR HHS 30 - State Health Care Purchasing. The motion was adopted. Representative Greenberg moves to adopt TPR CG 9, CG 1, and CG 4. All require action of the LBB and are left pending. Representative Greenberg moves to adopt TPR HHS 7 - Evaluation of outcome Measures. The motion was adopted. Representative Greenberg moves to adopt TPR EI 2 - Streamline Organizational Structures at State Agencies. The motion was adopted. Representative Greenberg moves to adopt TPR CG 6 - Telecommunications in State Offices. Amend in accordance with action taken on the budgets of GSC and DIR. The motion was adopted. Representative Greenberg moves to adopt TPR CG 13 - Federal Policy Initiatives. The motion was adopted. Representative Greenberg moves to adopt TPR CG 17 - State Agency Video Production and Distribution. The motion was adopted. Representative Greenberg moves to adopt TPR WF 7 - Supported Employment at State Agencies. The motion was adopted. Representative Greenberg moves to adopt TPR FR 12 - Increase Information Sharing to Reduce Fraud. The motion was adopted. Representative Greenberg moves to adopt TPR EI 4 - Adopt "Family - Friendly" policies for State Employees. The motion was adopted. Representative Greenberg moves to adopt TPR CG 2 - Improve State Facilities Management. The motion was adopted. Chairman Junell moves to reconsider the previous motion on Early Retirement Salary Adjustments. The motion is reconsidered and adopted. Representative Greenberg moves to adopt TPR CG 10 - Electronic Voucher System. The TPR requires action of the LBB. The motion is left pending. Representative Swinford moves to adopt a section requiring teleconferencing in lieu of travel where available and cheaper. The motion is adopted. Representative Hochberg moves to adopt a new section permitting state employees to use sick time for Teacher/ parent conferences. The motion was adopted. Representative Greenberg moves to adopt amended language on Limitations on Capital budgets. The motion was not adopted. Representative Delisi moves to adopt additional language strengthening the reporting of trips to DC through the Office of state-Federal Relations. The motion is left pending. Representative Eiland moves to adopt new language giving credit for hiring welfare recipients. The motion is left pending. Representative Greenberg moves to adopt ART IX with all technical corrections and as amended above. The motion was adopted. At 11:28 and upon the motion of the Chair, the Committee stands at ease for 5 minutes. The Committee reconvenes at 11:40 am. ARTICLE X - LEGISLATURE Representative Junell moves to adopt Article X as proposed by the LBB. The motion was adopted. PENDING ITEMS ON AGENCIES BUDGETS Testimony was taken. See witness list. Representative Coleman moves to reconsider and adopt modifications to the Texas Department of Health's Capital budget rider. Funds for the the WIC Electronic Benefits Transfer are deleted. The motion was adopted. Representative Coleman moves to reconsider and adopt the modifications to Rider 27 in the Texas Department of Health's budget. The motion is amended to send the request to Article XI. The motion was adopted. Representative Coleman moves to adopt a new rider for the Texas Department of Health's budget on Funding for Abstinence based sexual education. The motion is amended. The motion was adopted. Representative Coleman moves to reconsider and adopt a new rider for TXMHMR on the Texas Capitol Trust Fund and to instruct the LBB to take all necessary action to comply. The motion was adopted. Representative Glaze moves to reconsider and adopt a new rider for TCADA authorizing the use of carry forward for Drug Abuse Councils money from 1997. The motion was adopted. Representative Glaze moves to reconsider and adopt a new rider for TCADA authorizing the use of carry forward money for dual diagnosis from 1997. The motion was adopted. Representative Glaze moves to adopt a new rider for TCADA requiring notification of regional funds distribution. The motion was adopted. Representative Glaze moves to adopt the technical correction on interagency contract funding TCADA. The motion was adopted. Representative Glaze moves to adopt two technical corrections 1) Other Direct and Indirect and 2) Exempt Position on the Commission for the Blind. The motion is adopted. Representative Coleman moves to adopt a new rider for the Texas Department of Protective and Regulatory Services authorizing UB carry forward for funds from Alternative Services. The motion is amended to send the rider to Article XI. The motion is adopted. Representative Hochberg moves to adopt a rider on TDHCA to limit expenditures. The motion was adopted. Representative Coleman moves to adopt a new intent rider on TDHCA. The motion was adopted. Representative Junell moves to reconsider action on TDCJ's capital budget rider. Adjust method of finance for Repair and Rehabilitation from general revenue to general obligation bonds. Action relating to Construction of Buildings taken on February 27 is reversed. The motion is adopted. Representative Heflin moves to adopt changes in the method of finance for three areas, Early Child Care, JOBS Child Care, and TANF for the Texas Workforce Commission and to make a technical correction. Also moves that funding for Project Rio be added to Article XI. The motion was adopted. Representative Greenberg moves to add $10.0 million in TANF funds for child care at the Texas Workforce Commission. The motion is withdrawn. Representative Cuellar moves to adopt a new rider on Texas Workforce Commission to provide local workforce services. The motion was adopted. Representative Finnell moves to adopt a new rider for General Services Commission on Frequent Flyer Bonus Credits. The rider was amended without objection. The motion to adopt is put to a vote. By the showing-of-hands, the motion was adopted as amended. Representative Raymond moves to adopt a new rider for Texas Railroad Commission on alternative fuels. The motion was adopted. Representative Coleman moves to adopt a new rider on the Texas Workforce Commission allowing for use of the voucher system. The motion is adopted. Representative Delisi moves to adopt a pending rider on defense infrastructure support for TDOC. The motion was adopted. Chairman Junell moves to reconsider and adopt a new rider for the Texas Department of Protective and Regulatory Services authorizing UB carry forward for funds from Alternative Services. The motion was previously laid out by Representative Coleman and placed in Article XI. The motion is reconsidered for placement under the agency. The motion was adopted. Chairman Glaze moves to adopt the packet outlining language and action for the funds swap to TANF for Texas Workforce Commission, Department of Human services, Texas Education Agency, Texas Department of Commerce, and Texas Department of Protective and Regulatory Services . The packet is amended. The motion was adopted as amended. Representative Heflin moves to adopt a new rider on HOME block grants at the TDHCA. The motion was adopted. Representative Cuellar lays out a rider for Communities in schools at TEA. The motion is withdrawn. Representative Swinford moves to adopt a rider on compensatory education at TEA. The motion is withdrawn. Representative Greenberg moves to increase the funding at the Texas School for the Blind and Visually Impaired for debt service to remodel the 80 year old dorms. The motion is adopted. Representative Coleman moves to add a rider with revised language on the University of Houston. The motion is adopted. Representative Junell moves to adopt new language on Academic measures for scholarship athletic programs for each institution under Special Provisions in Article III. The motion was adopted. Representative Finnell moves to adopt a new rider on the rural rail district for the Texas Transportation Institute. The motion was adopted. Representative Delisi moves to add a rider on the TT Health Science Center to address the critical need for public health professionals. The motion is amended to include UNTHSC and T A&M HSC. The motion was adopted. Representative Delisi moves to adopt amended language on the cooperative working of A&M HSC and listed hospitals. The motion was adopted. Representative Delisi moves to adopt a revised rider for Rider 3 under the Texas A&M University Health Science Center. The motion was adopted. Representative Gallego moves to adopt a new rider on Family Practice Residency and Primary Care Residency under the THECB. The motion is adopted. Representative Cuellar moves to adopt a revision to Special Provisions Article III Rider 20. The motion was adopted. Representative Cuellar moves to adopt a revision to Public Community/ Junior Colleges Rider 8, Texas State University System Central Office Rider 3, and TSTC Special Provisions Section 10. The motion is adopted. Representative Swinford moves to adopt a method of finance change on the Feed Institute. This is put in Article XI. Representative Cuellar moves to adopt a rider for Texas Southern University to establish and implement accountability. The motion was adopted. Representatives Hernandez and Cuellar move to adopt a revision to rider 1 on the University of Texas Health Science Center at San Antonio on South Texas/Border Region Health Professional Education. The motion was adopted. Representative Heflin moves to adopt a new rider for the Texas Agricultural Extension Service on urban extension education. The motion was adopted. Representative Cuellar moves to adopt a new rider in Special Provisions Article III on tenure requirements. The motion was adopted. Representative Cuellar moves to adopt a new rider in Special Provisions Article III on Academic boot camp programs. The motion was adopted. Representative Cuellar moves to adopt a new rider in Special Provisions Article III on Athletic program benchmarks. The motion was adopted. Representative Kubiak moves to adopt a rider on the Cosmetology Commission on continuing education. The motion was adopted. Representative Raymond moves to add a contingency rider on TDL&R for the combination of 26 agencies. A vote by the show- of- hands was taken. The motion fails. Chairman Junell moves to change the method of finance for TDH, DHS and TDCJ to realize $300 million in unexpended balances. The motion was adopted. Representative Heflin moves to adopt a new rider for the Lottery Commission on standards of conduct for employees. The motion was adopted. Representative Davis moves to adopt an intent rider for Project Rio, TWC. The motion was adopted. Representative Walker moves to add a clarification rider to TJPC for the transfer of funds from TCADA. LBB advises to put the rider under TCADA. The motion was adopted as amended. Representative Walker moves add a rider granting U.B. authority to the Court of Criminal Appeals for Death Penalty Habeas Representation. Chairman Junell thanks the staff and members for their efforts and hard work. There being no further pending items, Chairman Junell gavels the budget proposal closed as amended and instructs the LBB to begin final proofing and reprinting with the committees amendments and new language. At 2:10 pm, on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair. ______________________ Rep. Robert Junell, Chair ______________________ Janis Carter, Clerk