MINUTES SENATE COMMITTEE ON FINANCE Thursday, April 24, 1997 9:00 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 24, 1997 in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Bill Ratliff None Senator Carlos Truan Senator Eddie Lucio, Jr. Senator Mike Moncrief Senator Jane Nelson Senator Jeff Wentworth Senator Royce West Senator Judith Zaffirini ***** The Chair called the meeting to order at 9:05 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 Teel Bivins Senator J.E. Brown Senator David Sibley The Chair laid out SB 844 and recognized the author, Senator Truan, to explain the bill. Ruth Cedillo, representing Texas Department of Housing and Community Affairs, registered on the bill but did not testify. Senator Truan moved that SB 844 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 1048 and recognized the author, Senator Truan, to explain the bill. Andrea J. Morgan, representing Texas Association of Community Development Corporations, testified in favor of the bill. G.K. Sprinkle, representing Texas Association of Community Development Corporations, testified in favor of the bill. SB 1048 was left pending. The Chair laid out SB 102 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. James H. Duke, Jr., representing University of Texas - Houston Medical School, testified in favor of the bill. S. Dale Oosley, representing Himself, testified in favor of the bill. Troy Alexander, representing Texas Academy of Family Physicians, registered in favor of the bill but did not testify. Kitty Allen, representing Hermann Hospital, registered in favor of the bill but did not testify. Jim Allison, representing County Judges and Commissioners Association of Texas, registered in favor of the bill but did not testify. Ken Bailey, representing Texas State Association of Fire Fighters, registered in favor of the bill but did not testify. Charles Bauer, representing Himself, registered in favor of the bill but did not testify. Ed Berger, representing Seton HealthCare Network, registered in favor of the bill but did not testify. Doug Carmichael, representing Texas College of Emergency Physicians, registered in favor of the bill but did not testify. Mike Click, representing Brownfield Regional Medical Center, registered in favor of the bill but did not testify. Jim Coles, representing Texas College of Emergency Physicians, registered in favor of the bill but did not testify. Susan M. Douglass, representing University Hospital - San Antonio, registered in favor of the bill but did not testify. Robert K. Feather, representing Cook Children's Medical Center, registered in favor of the bill but did not testify. Alfred Gilchrist, representing Texas Medical Association, registered in favor of the bill but did not testify. Leticia A. Goodrich, representing Emergency Health Care Advisory Committee, registered in favor of the bill but did not testify. Darwin Goodspeed, representing Greater San Antonio Hospital Council, registered in favor of the bill but did not testify. John Haas, representing Greater San Antonio Hospital Council, registered in favor of the bill but did not testify. King HIllier, representing Texas Association of Public and Non-Profit Hospitals, registered in favor of the bill but did not testify. John W. Holtermann, representing Texas Silver Haired Legislators, registered in favor of the bill but did not testify. Jim Huff, representing Himself, registered in favor of the bill but did not testify. Mary R. Lacroix, representing Greater San Antonio Hospital Council, registered in favor of the bill but did not testify. Donald Lee, representing Conference of Urban Counties, registered in favor of the bill but did not testify. Steve Montgomery, representing Harris Methodist Health System, registered in favor of the bill but did not testify. Al J. Notzon, representing Alamo Area Council of Governments, registered in favor of the bill but did not testify. Judge Patricia Ott, representing Justices of the Peace and Constables Association of Texas, Inc., registered in favor of the bill but did not testify. Mike Pollard, representing Texas Association of Life and Health Insurers, registered in favor of the bill but did not testify. Bill Rason, representing Greater San Antonio Hospital Council, registered in favor of the bill but did not testify. Ronald C. Redus, representing Emergency Health Care Advisory Committee, registered on the bill but did not testify. Jody R. Rogers, representing Greater San Antonio Hospital Council, registered in favor of the bill but did not testify. J.R. Schneider, representing Live Oak County EMS, Board of Directors, registered in favor of the bill but did not testify. Louise Shumate, representing City of Three Rivers, registered in favor of the bill but did not testify. John Sneed, representing Williamson County, registered in favor of the bill but did not testify. Bryan Sperry, representing Children's Hospital Association of Texas, registered in favor of the bill but did not testify. Ronald M. Stewart, MD, representing Southwest Texas Regional Advisory Council, registered in favor of the bill but did not testify. Helen Walker, representing County Judges and Commissioners Association of Texas, registered in favor of the bill but did not testify. Dinah S. Welsh, representing Texas Hospital Association, registered in favor of the bill but did not testify. Carl Wengenroth, representing Live Oak County EMS, registered in favor of the bill but did not testify. Gene Weatherall, representing Texas Department of Health, registered on the bill but did not testify. Senator Zaffirini moved that SB 102 do not pass but that CSSB 102 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1407 and recognized the author, Senator Lucio, Jr., to explain the bill. Senator Lucio, Jr. sent up a committee substitute; the Chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Lucio, Jr. moved adoption of the committee substitute, without objection, it was so ordered. Doug Dashiell, representing Coastal Oil & Gas Corporation, testified in favor of the bill. Lisa Gourley, representing West Park Petroleum, Inc. And Herself, testified in favor of the bill. Carl A. Parker, representing Coastal Corporation, testified in favor of the bill. Don C. Nelson, representing Coastal Oil and Gas Corporation, registered in favor of the bill but did not testify. Bob Stout, representing Mitchell Energy & Development Corporation, registered in favor of the bill but did not testify. Thomas M. Weber, representing McElney, Sullivan, Ryan & Miller, registered in favor of the bill but did not testify. Senator Lucio, Jr. moved that SB 1407 do not pass but that CSSB 1407 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, 2 present not voting, and 0 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 1183 and recognized the author, Senator Brown, to explain the bill. Senator Lucio, Jr. sent up a committee substitute; the Chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Lucio, Jr. moved adoption of the committee substitute, without objection, it was so ordered. Chris Newton, representing Texas Petroleum Marketers & Convenience Store Association, testified in favor of the bill. Mona Shoemate, representing Comptroller of Public Accounts, testified on the bill. Senator Brown moved that SB 1183 do not pass but that CSSB 1183 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Brown moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1863 and recognized the author, Senator Lucio, Jr., to explain the bill. Dane Harris, representing Texas Association of Business & Chambers of Commerce, testified in favor of the bill. Dan Morales, representing Texas Office of the Attorney General, testified on the bill. Paul W. Nye, representing Retired Appeals Court Chief Justice, testified in favor of the bill. David Pinkus, representing Small Business United of Texas, registered in favor of the bill but did not testify. Peggy M. Venable, representing Texas Citizens for a Sound Economy, registered in favor of the bill but did not testify. Jim Wyatt, representing Texas Association of African Chambers, registered in favor of the bill but did not testify. SB 1863 was left pending at the author's request. The Chair laid out SB 1880 and recognized the author, Senator Barrientos, to explain the bill. Gary Offineer, representing Texas Veterans Foundation, testified in favor of the bill. Dan Wilson, representing Texas Comptroller of Public Accounts, testified on the bill. James S. Duncan, representing Korean War Veterans Association, registered in favor of the bill but did not testify. Alexander Vernon, representing Veterans of Foreign Wars, registered in favor of the bill but did not testify. William W. McLemore, representing Texas Association of County Veterans Service Officers, registered in favor of the bill but did not testify. Senator Bivins moved that SB 1880 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 13 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out SB 1299 and recognized the author, Senator Ellis, to explain the bill. Senator Barrientos sent up a committee substitute; the Chair recognized Senator Ellis 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. Wardaleen Belvin, representing Texas Tomorrow Fund, testified on the bill. Senator Zaffirini moved that SB 1299 do not pass but that CSSB 1299 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1470 and recognized the author, Senator Ellis, to explain the bill. Senator Truan sent up a committee substitute; the Chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. Senator Truan moved adoption of the committee substitute, without objection, it was so ordered. Wardaleen Belvin, representing Texas Tomorrow Fund, testified on the bill. Senator Zaffirini moved that SB 1470 do not pass but that CSSB 1470 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 Zaffirini moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1416 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 Zaffirini moved adoption of the committee substitute, without objection, it was so ordered. Senator Brown sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini requested unanimous consent to incorporate amendments into the committee substitute. No witnesses appeared for, against, or on CSSB 1416. Senator Zaffirini moved that SB 1416 do not pass but that CSSB 1416 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, 1 nay, 0 present not voting, and 1 absent. The Chair laid out SB 1871 and recognized the author, Senator Duncan, to explain the bill. Richard Gonzales, representing Austin Interfaith - Alliance School, testified in favor of the bill. Mary Lou Hoffman, representing Dallas Area Interfaith, testified in favor of the bill. Cedric Johnson, representing The Metropolitan Organization/Alliance Schools, testified in favor of the bill. Kathleen Burke, representing Texas Education Agency, registered on the bill but did not testify. Peter O. Kircher, representing Alliance Schools, registered in favor of the bill but did not testify. Regina Rogoff, representing Austin Interfaith, registered in favor of the bill but did not testify. Ingrid L. Williams, representing Alliance Schools, registered in favor of the bill but did not testify. Senator Truan moved that SB 1871 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 Truan moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 8 and recognized Senator Truan to explain the bill, in the Senate sponsor's absence. Wardaleen Belvin, representing Texas Tomorrow Fund, testified on the bill. Senator Truan moved that HB 8 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, 2 nays, 1 present not voting, and 0 absent. The Chair laid out HB 9 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. Senator Barrientos sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Wardaleen Belvin, representing Texas Tomorrow Fund, testified on the bill. Senator Barrientos moved that HB 9, 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 13 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out HJR 8 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. Wardaleen Belvin, representing Texas Tomorrow Fund, testified on the bill. Senator Truan moved that HJR 8 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, 2 nays, 1 present not voting, and 0 absent. The Chair laid out HB 527 and recognized the Senate sponsor, Senator Nelson, to explain the bill. Judge Al Cornelius, representing Ellis County, testified in favor of the bill. Senator Nelson moved that HB 527 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, 1 present not voting, and 1 absent. Senator Nelson moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1534 and recognized the author, Senator Barrientos, to explain the bill. M. Colleen McHugh, representing State Bar of Texas, testified in favor of the bill. Antonio Alvarado, representing State Bar of Texas, registered on the bill but did not testify. Pamela Brown, representing Lone Star Justice Fund, registered in favor of the bill but did not testify. Randall Chapman, representing Legal Hotline for Older Texans, registered in favor of the bill but did not testify. Jim Comstock-Galagan, representing Advocacy, Inc., registered in favor of the bill but did not testify. Bonnie S.Y. Escobar, representing El Paso Community Legislative Agenda, testified in favor of the bill. Lynne Liberato, representing Herself, registered in favor of the bill but did not testify. Julie Oliver, representing Texas Lawyers Care, registered in favor of the bill but did not testify. Regina Rogoff, representing Legal Aid of Central Texas, registered in favor of the bill but did not testify. Christina Schneider, representing Texas Council on Family Violence, registered in favor of the bill but did not testify. Elizabeth Whitaker, representing Herself, registered in favor of the bill but did not testify. Senator Barrientos moved that SB 1534 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, 1 nay, 0 present not voting, and 0 absent. The Chair laid out SB 1375 and recognized Senator Nelson, in the absence of the author, to explain the bill. Senator Nelson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Dan Wilson, representing Comptroller of Public Accounts, testified on the bill. Senator Nelson moved that SB 1375, 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 13 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out the Subcommittee Report on Lottery Revenue Dedications and recognized Senator Bivins to explain the report. Senator Bivins explained that the subcommittee considered in a public hearing SB 76, SB 105, and SB 180 on April 15, 1997. Two additional bills (SB 1093 and SB 1489) were posted, but no action was taken. Public testimony was heard on SB 76 and the bill was left pending. Public testimony was heard on SB 105; and Senator Nelson moved to refer SB 105, as amended, back to the full Committee with the recommendation that it be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 4 ayes, 0 nays, 0 present not voting, and 1 absent. Public testimony was heard on SB 180 and the bill was left pending. The subcommittee report was accepted by the Committee. James Rinn, representing Texas Lottery Commission, testified on SB 105. Senator Nelson moved to remove the amendment to SB 105 which had been adopted by the subcommittee. Senator Truan offered an alternative motion to table Senator Nelson's motion. The motion to table carried with 7 ayes, 4 nays, 0 present not voting, and 2 absent. Senator Nelson moved that SB 105 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, 1 nay, 0 present not voting, and 1 absent. The Chair referred SB 815, SB 1510, and SB 1056 to the Subcommittee on Tuition Exemptions for further consideration. The Chair laid out SB 1808 and recognized Senator Truan, in the absence of the author, to explain the bill. Senator Truan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Scott Ryan Gregory, representing Himself, testified in favor of the bill. Richard W. Lariviere, representing The University ot Texas at Austin, testified on the bill. Dr. William Dorland, representing Himself, registered in favor of the bill but did not testify. Senator Truan moved that SB 1808, 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 10 ayes, 2 nays, 1 present not voting, and 0 absent. The Chair laid out CSSB 126, left pending during a previous hearing, and recognized the author, Senator Bivins, to explain the bill. Senator Bivins moved that SB 126 do not pass but that CSSB 126 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, 1 present not voting, and 0 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 1321 and recognized Senator Truan, in the absence of the author, to explain the bill. Senator Truan sent up a committee substitute; the Chair recognized Senator Truan to explain the difference between the committee substitute and the bill as filed. Senator Truan moved adoption of the committee substitute, without objection, it was so ordered. Sharon W. Cobb, representing Texas Higher Education Coordinating Board, registered on the bill but did not testify. Senator Truan moved that SB 1321 do not pass but that CSSB 1321 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Truan moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 7:24 pm Senator Truan assumed the chair. The Chair laid out HB 634 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. No witnesses appeared for, against, or on HB 634. Senator Ratliff moved that HB 634 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1906 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. Tobin K. Harvey, representing Commission's State Energy Conservation Office, registered on the bill but did not testify. Karen Raven, representing State Energy Conservation Office - General Services Commission, registered on the bill but did not testify. Senator Ratliff moved that SB 1906 do not pass but that CSSB 1906 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Ratliff moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. There being no further business, at 7:30 pm Senator Ratliff moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator Bill Ratliff, Chair ______________________ Patricia Hicks, Clerk