Note: The Chair left the votes open on all bills, excluding SB 840, pending a quorum. A time certain was set for members to submit motions in writing to the Clerk, and final votes were read into the record at 5:45 pm. MINUTES SENATE COMMITTEE ON FINANCE Thursday, April 17, 1997 9:30 am 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 Thursday, April 17, 1997 in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Bill Ratliff Senator Royce West Senator Carlos Truan Senator Teel Bivins Senator J.E. Brown Senator Eddie Lucio, Jr. Senator Jane Nelson Senator Jeff Wentworth Senator Judith Zaffirini ***** The Chair called the meeting to order at 9:30 am. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: Senator Kenneth Armbrister Senator Gonzalo Barrientos Senator Mike Moncrief Senator David Sibley At 9:35 am Senator Truan assumed the chair. The Chair laid out SB 840 and recognized the author, Senator Ratliff, to explain the bill. Senator Ratliff sent up a committee substitute; the Chair recognized Senator Ratliff to explain the difference between the committee substitute and the bill as filed. Senator Ratliff moved adoption of the committee substitute, without objection, it was so ordered. Bill Cunningham, representing University of Texas System, testified on the bill. Joe Krier, representing Texas Higher Education Coordinating Board, testified in favor of the bill. Byron Tunnell, representing Self, testified in favor of the bill. Senator Ratliff moved that SB 840 do not pass but that CSSB 840 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 4 absent. Senators Armbrister, Lucio, Jr., and Sibley requested unanimous consent to be shown voting aye on the previous motion; without objection, it was so ordered. At 9:45 am Senator Ratliff resumed the chair. The Chair laid out SB 572 and recognized the author, Senator Fraser, to explain the bill. Pauline S. Moseley, representing University of Central Texas and Community of Killeen, testified in favor of the bill. Robert M. Shoemaker, representing Central Texas University Task Force, testified in favor of the bill. Dr. Jerry G. Bowcom, representing University of Mary Hardin-Baylor, testified in opposition to the bill. Robert Bailon, representing University of Mary Hardin-Baylor and Self, testified in opposition to the bill. Clement Pete Moreno, representing Self, testified in opposition to the bill. Dr. James Anderson, representing Central Texas College, registered in favor of the bill but did not testify. Don R. Armstrong, representing Killeen - Central Texas College, registered in favor of the bill but did not testify. B.M. Beck, representing University of Central Texas, registered on the bill but did not testify. Howard Bressler, representing University Central Texas, registered in favor of the bill but did not testify. Jim Copeland, representing City of Copperas Cove, registered in favor of the bill but did not testify. James A. Endicott, Jr., representing Self, registered in favor of the bill but did not testify. Ann Farris, representing Killeen Independent School District, registered on the bill but did not testify. Jack Hayes, representing Self, registered in favor of the bill but did not testify. Judge Jack W. Hemingway, representing City of Killeen, registered in favor of the bill but did not testify. Judge John Hull, representing Coryell County Central Texas Council of Governments, registered in favor of the bill but did not testify. Mary Ann Kelley, representing Central Texas College, registered in favor of the bill but did not testify. Mary Kliewer, representing Central Texas College, registered in favor of the bill but did not testify. Joe Krier, representing Texas Higher Education Coordinating Board, registered on the bill but did not testify. Jesse Lancaster, representing T.U. Electric, registered in favor of the bill but did not testify. Royce Markin, representing Bell County, registered on the bill but did not testify. Mari Meyer, representing Central Texas College, registered in favor of the bill but did not testify. Stewart Meyer, representing City of Harker Heights, registered in favor of the bill but did not testify. Dr. Charles Patterson, representing Killeen Independent School District, registered in favor of the bill but did not testify. Dr. Charles Patterson, representing Killeen Independent School District, registered on the bill but did not testify. Pat Patton, representing City of Killeen, registered in favor of the bill but did not testify. William A. Roach, representing Greater Killeen Chamber of Commerce, registered in favor of the bill but did not testify. Illeen F. Rogers, representing III Corps and Fort Hood, registered in favor of the bill but did not testify. Bill Sims, representing Self, registered in favor of the bill but did not testify. Nancy A. Stout, representing Self, registered in favor of the bill but did not testify. Pete Taylor, representing Central Texas University Task Force, registered on the bill but did not testify. Dr. Barry Thompson, representing The Texas A&M University System, registered on the bill but did not testify. Judy K. Tyler, representing Self, registered in favor of the bill but did not testify. Bill Yowell, representing University of Central Texas, registered in favor of the bill but did not testify. B.G. Daniel R. Zanini, representing Cofs III and Ft. Hood, registered in favor of the bill but did not testify. Senator Wentworth moved that SB 572 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out SB 1674 and recognized the author, Senator Barrientos, to explain the bill. Senator Barrientos sent up a committee substitute; the Chair recognized Senator Barrientos to explain the difference between the committee substitute and the bill as filed. Senator Barrientos moved adoption of the committee substitute, without objection, it was so ordered. Hayes H. Davenport, representing Self, testified in favor of the bill. The Committee recessed at 9:55 am until 30 minutes upon adjournment of the Senate. The Committee reconvened at 12:55 pm. Will Richardson, representing Westbank Community Library, registered in favor of the bill but did not testify. Darryl Tocker, representing Tocker Foundation, registered on the bill but did not testify. Jann Brown, representing Westbank Community Library, registered in favor of the bill but did not testify. Eric Locker, representing Self, registered in favor of the bill but did not testify. Dr. Robert S. Martin, representing Texas State Library and Archives Commission, registered on the bill but did not testify. Mark Smith, representing Texas Library Association, registered in favor of the bill but did not testify. Valarie Bristol, representing Self, registered in favor of the bill but did not testify. Senator Barrientos moved that CSSB 1674 do not pass but that CSSB 1674 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out SB 1457 and recognized the author, Senator Armbrister, to explain the bill. Senator Sibley sent up Committee Amendment 1. Senator Armbrister moved adoption of Amendment 1; without objection, the amendment was adopted. No witnesses appeared for, against, or on SB 1457. Senator Zaffirini moved that SB 1457, as amended, 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 2 absent. The Chair laid out SB 1506 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Armbrister sent up a committee substitute; the Chair recognized Senator Gallegos, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Armbrister sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Armbrister requested unanimous consent to incorporate amendments into the committee substitute. Senator Armbrister then moved that the new committee substitute be adopted; without objection it was so ordered. Gary P. Carroll, representing Houston Livestock Show & Rodeo, registered in favor of the bill but did not testify. Jerry Dike, representing Texas Department of Transportation, registered on the bill but did not testify. Rogu N. Weatherly, representing Houston Livestock Show & Rodeo, registered in favor of the bill but did not testify. Senator Armbrister moved that SB 1506 do not pass but that CSSB 1506 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1739 and recognized the author, Senator Armbrister, to explain the bill. Ted Thorjussen, representing West Gulf Maritime Association, registered in favor of the bill but did not testify. Rick Maldonaldo, representing Texas Ports Association, registered in favor of the bill but did not testify. Richard Couch, representing Sea-Land Service Inc., registered in favor of the bill but did not testify. Senator Armbrister moved that SB 1739 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out SB 1741 and recognized the author, Senator Armbrister, to explain the bill. Andrew Samsom, representing Texas Parks and Wildlife Department, testified on the bill. Dick Heath, representing Texas Parks and Wildlife Commission, testified on the bill. Susan Howard Crane, representing Texas Parks and Wildlife Commission, testified on the bill. Jayna Burgdorf, representing Texas Parks and Wildlife, registered on the bill but did not testify. Jim Dickinson, representing Texas Parks and Wildlife Department, registered on the bill but did not testify. Senator Armbrister moved that SB 1741 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out SB 1241 and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute; the Chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. Senator Zaffirini moved adoption of the committee substitute, without objection, it was so ordered. Dr. Martin Basaldua, representing Texas Medical Association and Texas Academy of Family Physicians, testified in favor of the bill. Deborah L. Greene, representing Texas Medical Association, testified on the bill. Dr. Michael Parchman, representing Texas Tech University Health Sciences Center, testified on the bill. Stacey Silverman, representing Texas Higher Education Coordinating Board, registered on the bill but did not testify. Senator Zaffirini moved that SB 1241 do not pass but that CSSB 1241 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out SB 1366 and recognized the author, Senator Ellis, to explain the bill. Rooney Cox, representing Texas Southern University, Student Government Association, registered in favor of the bill but did not testify. James Douglas, representing Texas Southern University, registered on the bill but did not testify. Willie H. Marshall, Jr., representing Texas Southern University, registered in favor of the bill but did not testify. Senator Bivins moved that SB 1366 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1467 and recognized the author, Senator Ellis, to explain the bill. Rooney Cox, representing Texas Souther University, Student Government Association, registered in favor of the bill but did not testify. James Douglas, representing Texas Southern University, registered on the bill but did not testify. William H. Marshall, Jr., representing Texas Southern University, registered in favor of the bill but did not testify. Senator Bivins moved that SB 1467 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1491 and recognized the author, Senator Ellis, to explain the bill. Senator Zaffirini sent up a committee substitute; the Chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. Senator Moncrief sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Moncrief sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Bivins requested unanimous consent to incorporate amendments into the committee substitute. Senator Bivins then moved that the new committee substitute be adopted. Patricia Hall, representing Texas Workforce Commission, testified on the bill. Patrick Bressette, representing Center for Public Policy Priorities, testified in favor of the bill. Senator Bivins moved that CSSB 1491 do not pass but that CSSB 1491 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 12 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1467 and recognized the author, Senator Ellis, to explain the bill. Rooney Cox, representing Texas Southern University, Student Government Association, registered in favor of the bill but did not testify. James Douglas, representing Texas Southern University, registered on the bill but did not testify. Willie H. Marshall, Jr., representing Texas Southern University, registered in favor of the bill but did not testify. Senator Bivins moved that SB 1467 be reported favorably to the full 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 2 absent. Senator Bivins moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1920 and recognized the author, Senator Bivins, to explain the bill. Joe Wisnoski, representing Texas Education Agency, testified on the bill. Richard Powell, representing Texas Association of School Administrators, registered in favor of the bill but did not testify. Joe Ramos, representing Texas Association of School Boards, registered in favor of the bill but did not testify. Senator Bivins moved that SB 1920 be left pending; without objection, it was so ordered. The Chair laid out SB 1311 and recognized the author, Senator Moncrief, to explain the bill. Senator Moncrief sent up a committee substitute; the Chair recognized Senator Moncrief to explain the difference between the committee substitute and the bill as filed. Senator Moncrief sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Moncrief requested unanimous consent to incorporate amendments into the committee substitute. Senator Moncrief then moved that the new committee substitute be adopted. No witnesses appeared for, against, or on SB 1311. Senator Moncrief moved that SB 1311 do not pass but that CSSB 1311 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 2 absent. Senator Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 2:45 pm Senator Moncrief assumed the chair. The Chair laid out SCR 47 and recognized the author, Senator Ratliff, to explain the bill. Roger J. Peters, representing Dick Corporation, registered in favor of the bill but did not testify. Peter J. Hannaway, representing Sargent Electric Company, registered in favor of the bill but did not testify. Senator Ratliff moved that SCR 47 be reported favorably to the full 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 2 absent. The Chair laid out SB 961 and recognized the author, Senator Ratliff, to explain the bill. Teresa A. Sullivan, representing The University of Texas , testified on the bill. Dr. Ray M. Bowen, representing Texas A&M University, testified on the bill. Lynn Redwine, representing Comptroller's Office - Texas Performance Review, registered on the bill but did not testify. Senator Ratliff moved that SB 961 be reported favorably to the full 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 2 absent. At 3:05 pm Senator Ratliff resumed the chair. The Chair laid out SB 896 and recognized the author, Senator Shapleigh, to explain the bill. Senator Moncrief sent up a committee substitute; the Chair recognized Senator Shapleigh to explain the difference between the committee substitute and the bill as filed. Senator Moncrief moved adoption of the committee substitute, without objection, it was so ordered. Corie Caldarola, representing Texas Comptroller, registered on the bill but did not testify. Carl Mullen, representing General Services Commission, registered on the bill but did not testify. Senator Truan moved that SB 896 do not pass but that CSSB 896 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent. At 3:10 pm Senator Truan assumed the chair. The Chair laid out SB 1923 and recognized the author, Senator Ratliff, to explain the bill. No witnesses appeared for, against, or on SB 1923. Senator Ratliff moved that SB 1923 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent. The Chair laid out HB 1235 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Senator Ratliff sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ratliff sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Ratliff sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Wentworth sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Wentworth sent up Committee Amendment 5. Senator Wentworth then withdrew Amendment 5. Senator Ratliff sent up Committee Amendment 6 and moved adoption; without objection, the amendment was adopted. Senator Ratliff requested unanimous consent to incorporate amendments into the committee substitute. Senator Ratliff then moved that the new committee substitute be adopted; without objection it was so ordered. Manuel Ibanez, representing Texas A&M University - Kingsville, testified on the bill. Charles Jennett, representing Texas A&M International, testified on the bill. Robert R. Furgason, representing Texas A&M University - Corpus Christi, testified on the bill. Dr. Charles A. Hines, representing Prairie View A&M University, testified on the bill. Sam Kirkpatrick, representing University of Texas at San Antonio, registered on the bill but did not testify. Senator Ratliff moved that HB 1235 be left pending; without objection, it was so ordered. The Chair laid out HB 834 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. No witnesses appeared in favor, against, or on HB 834 Senator Ratliff moved that HB 834 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent. At 3:46 pm Senator Ratliff resumed the chair. The Chair laid out SB 1201 and recognized the author, Senator Lucio, Jr., to explain the bill. Miguel A. Nevarez, representing University of Texas - Pan American, testified on the bill. James S. Wilson, representing University of Texas System, Real Estate Office, registered on the bill but did not testify. Senator Lucio, Jr. moved that SB 1201 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent. Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1776 and recognized the author, Senator Lucio, Jr., to explain the bill. Robert Gaut, representing University of North Texas, testified on the bill. Phil Diebel, representing University of North Texas, testified on the bill. Bill Nance, representing Southwest Texas State University, registered on the bill but did not testify. Manuel Ibanez, representing Texas A&M University - Kingsville, registered on the bill but did not testify. Jack Kelly, representing Texas Faculty Association, registered in favor of the bill but did not testify. Robert R. Furgason, representing Texas A&M University - Corpus Christi, registered on the bill but did not testify. Miguel A. Nevarez, representing University of Texas - Pan American, registered on the bill but did not testify. At 4:08 pm Senator Truan assumed the chair. The Chair laid out SB 20 and recognized the author, Senator Ratliff, to explain the bill. Valarie Bristol, representing Travis County Commissioners Court, testified in favor of the bill. Wilford Flowers, representing Travis County, testified in favor of the bill. Rod Gustafson, representing Travis County Criminal Courts, testified in favor of the bill. Senator Ratliff moved that SB 20 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent. The Chair laid out SB 310, left pending from a previous hearing, and recognized Senator Ratliff, in the absence of the author, to explain the bill. Senator Ratliff sent up a committee substitute; the Chair recognized Senator Ratliff to explain the difference between the committee substitute and the bill as filed. Senator Ratliff moved adoption of the committee substitute; without objection, it was so ordered. Senator Ratliff moved that SB 310 do not pass but that CSSB 310 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent. The Chair laid out SB 1497 and recognized Senator Ratliff, in the absence of the author, to explain the bill. Lyle Johansen, representing Texas Association of Builders, registered in favor of the bill but did not testify. John Nichols, representing Texas Association of Realtors, registered in favor of the bill but did not testify. R. Malcolm Richards, representing Texas Real Estate Research Center, registered on the bill but did not testify. Senator Ratliff moved that SB 1497 be reported favorably to the full 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 2 absent. The Chair laid out SB 1612 and recognized Senator Ratliff, in the absence of the author, to explain the bill. Clint Winters, representing Comptroller's Office, registered on the bill but did not testify. Senator Ratliff moved that SB 1612 be reported favorably to the full 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 2 absent. Senator Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 4:25 pm Senator Ratliff resumed the chair. The Chair laid out SB 1437 and recognized the author, Senator Wentworth, to explain the bill. Margie Gleason, representing Self, testified in favor of the bill. Dan M. Wilson, representing Comptroller's Office, testified on the bill. Senator Wentworth moved that SB 1437 be reported favorably to the full 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 2 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1795 and recognized the author, Senator Wentworth, to explain the bill. Bill Grusendorf, representing Texas Association of Rural Schools, testified in favor of the bill. Richard Powell, representing Texas Association of School Administrators, registered in favor of the bill but did not testify. Thomas Campbell, representing Dew ISD, registered in favor of the bill but did not testify. James Engelmann, representing Hunt ISD and Divide ISD, registered in favor of the bill but did not testify. Senator Wentworth moved that SB 1795 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 10 ayes, 0 nays, 0 present not voting, and 3 absent. The Chair laid out CSSB 1099, left pending during a previous hearing, and recognized the author, Senator Wentworth, to explain the bill. D. August Boto, representing Texas District and County Attorneys Association, testified on the bill. Senator Wentworth moved that CSSB 1099 do not pass but that CSSB 1099 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 2 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out the Subcommittee Report on Emoluments and Salaries and recognized Senator Barrientos to explain the report. Senator Barrientos moved to adopt the report and submit recommendations to the Conference Committee on CSHB 1; without objection, it was so ordered. There being no further business, at 4:45 pm Senator Ratliff moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. Senator Ratliff read the final votes into the record at 5:45 pm. ______________________ Senator Bill Ratliff, Chair ______________________ Patricia Hicks, Clerk