MINUTES SENATE COMMITTEE ON FINANCE Thursday, May 15, 1997 9:00 a.m. or Upon Adjournment of the Senate 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, May 15, 1997 in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Bill Ratliff Senator Kenneth Armbrister Senator Carlos Truan Senator Royce West Senator Gonzalo Barrientos Senator Teel Bivins Senator J.E. Brown Senator Mike Moncrief Senator Jeff Wentworth ***** The Chair called the meeting to order at 1:35 p.m. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: Senator Eddie Lucio, Jr. Senator Jane Nelson Senator David Sibley Senator Judith Zaffirini The Chair announced that public testimony would be heard on the following bills and a time certain would be set for 4:15 p.m. to allow committee members to return and vote on all bills. Members were later notified that the time certain had changed to 3:30 p.m. The Chair laid out HB 2798 and recognized the Senate sponsor, Senator Carona, to explain the bill. Jeanne Talerico, representing Texas Bond Review Board, registered on the bill but did not testify. The Chair announced that HB 2798 would be left pending to await a quorum. Upon arrival of a quorum, Senator Zaffirini moved that HB 2798 be reported back to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 1 present not voting, and 3 absent. The Chair laid out HB 767 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. Senator Moncrief sent up a committee substitute; the Chair recognized Senator Lindsay 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. Joe Papick, representing the Department of Protective and Regulatory Services, registered on the bill but did not testify. The Chair announced that HB 767 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 767 do not pass but that CSHB 767 be reported back 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 Bivins requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 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 1518 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill. No witnesses appeared for, against, or on HB 1518. The Chair announced that HB 1518 would be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Truan moved that HB 1518 be reported back to the full Senate with the recommendation that it do pass and be printed. The motion failed with a vote of 6 ayes, 1 nay, 0 present not voting, and 6 absent. The Chair announced that HB 1518 would be left pending to await the arrival of other members. The Chair laid out HB 846 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill. Shanna Igo, representing the Texas Municipal League, registered in favor of the bill but did not testify. Susan Wendel, representing the Texas Association of Counties, registered in favor of the bill but did not testify. The Chair announced that HB 846 would be left pending to await a quorum. Upon arrival of a quorum, Senator Zaffirini moved that HB 846 be reported back 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 Bivins requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 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 HB 2252 and recognized the Senate sponsor, Senator Truan, to explain the bill. Senator Truan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Cindy Alexander, representing the Office of the Comptroller of Public Accounts, testified on the bill. Kermit Black, representing Texas A&M University, testified on the bill. Ruth Cedillo, representing the Texas Department of Housing and Community Affairs, testified on the bill. Yesenia Ayala, representing The University of Texas - Pan American, registered on the bill but did not testify. Marcy Contreras, representing Progreso Residents, registered in favor of the bill but did not testify. Mario Galvan, representing Progreso Primary, registered in favor of the bill but did not testify. Victor M. Hernandez, representing The University of Texas - Pan American, registered in favor of the bill but did not testify. Leonardo Olivares, representing The University of Texas - Pan American, registered in favor of the bill but did not testify. Walter W. Wendler, representing Texas A&M University, registered on the bill but did not testify. The Chair announced that HB 2252 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 2252, as amended, be reported back to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 1 nay, 0 present not voting, and 4 absent. The Chair laid out HB 733 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. Corie Caldarola, representing the Office of the Comptroller of Public Accounts , testified on the bill. The Chair announced that HB 733 would be left pending to await a quorum. Upon arrival of a quorum, Senator Barrientos moved that HB 733 be reported back 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 Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 2:11 pm Senator Truan assumed the chair. The Chair laid out HB 2157 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Jim Reynolds, representing Texas Ticket Brokers Association, testified in favor of the bill. Karey Barton, representing the Office of the Comptroller of Public Accounts, registered on the bill but did not testify. The Chair announced that HB 2157 would be left pending to await a quorum. Upon arrival of a quorum, Senator Wentworth moved that HB 2157 be reported back 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 571 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. No witnesses appeared for, against, or on HB 571. The Chair announced that HB 571 would be left pending to await a quorum. Upon arrival of a quorum, Senator Barrientos moved that HB 571 be reported back to the full 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 Bivins and Lucio, Jr. requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 absent. Senator Barrientos moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 2:30 p.m. Senator Ratliff resumed the chair. The Chair laid out HB 65 and recognized Senator Moncrief, in the absence of the Senate sponsor, to explain the bill. Senator Ratliff sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. No witnesses appeared for, against, or on HB 65. The Chair announced that HB 65 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 65, as amended, be reported back to the full 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 Bivins and Lucio, Jr. requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 absent. The Chair laid out HB 3027 and recognized Senator Moncrief, in the absence of the Senate sponsor, to explain the bill. David Durden, representing the Texas Department of Insurance, testified on the bill. Jay Thompson, representing the Medical Protective Company, testified in favor of the bill. The Chair announced that HB 3027 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 3027 be reported back 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 Brown requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 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 2799 and recognized Senator Barrientos, in the absence of the Senate sponsor, to explain the bill. Senator Barrientos sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Susan Anderson, representing Government Treasurers Organization of Texas, registered in favor of the bill but did not testify. Kathy Hynson, representing County Treasurers Association of Texas, registered in favor of the bill but did not testify. Susan Wendel, representing Texas Association of Counties, registered on the bill but did not testify. The Chair announced that HB 2799 would be left pending to await a quorum. Upon arrival of a quorum, Senator Barrientos moved that HB 2799, as amended, be reported back to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 1 nay, 0 present not voting, and 3 absent. Senator Brown requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 10 ayes, 1 nay, 0 present not voting, and 2 absent. The Chair laid out HB 2747 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. Rey Garcia, representing Texas Association of Community Colleges, registered in favor of the bill but did not testify. The Chair announced that HB 2747 would be left pending to await a quorum. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 2747 be reported back 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 Bivins requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 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 HB 2564 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. No witnesses appeared for, against, or on HB 2564. The Chair announced that HB 2564 would be left pending to await a quorum. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 2564 be reported back 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 Bivins requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 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 HB 99 and recognized Senator Lucio, Jr., in the absence of the Senate sponsor, to explain the bill. Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Tom A. Jones, representing Sprint, testified on the bill. Tom Millwee, representing the Texas Department of Public Safety, testified on the bill. Henry Flores, representing the Texas Telephone Association, registered on the bill but did not testify. The Chair announced that HB 99 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 99, as amended, be reported back to the full 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 Bivins and Lucio, Jr. requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 absent. The Chair laid out HB 3250 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Robert L. Trimble, representing the Humane Society of Greater Dallas, testified in favor of the bill. The Chair announced that HB 3250 would be left pending to await a quorum. Upon arrival of a quorum, Senator Wentworth moved that HB 3250 be reported back 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 Brown requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 absent. The Chair laid out SCR 71 and recognized Senator Moncrief, in the absence of the author, to explain the bill. Robert Cuellar, representing the Texas Department of Transportation, testified on the bill. The Chair announced that SCR 71 would be left pending. At 2:57 p.m. Senator Zaffirini assumed the chair. The Chair laid out HB 1209 and recognized Senator Ratliff, in the absence of the Senate sponsor, to explain the bill. Andrea Cowan, representing the Office of the Comptroller of Public Accounts, registered on the bill but did not testify. The Chair announced that HB 1209 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 1209 be reported back 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 Bivins requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 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 2778 and recognized the Senate sponsor, 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. Carl Reynolds, representing Texas Board of Criminal Justice, registered on the bill but did not testify. The Chair announced that HB 2778 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 2778 do not pass but that CSHB 2778 be reported back to the full 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 Bivins and Brown requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 absent. At 3:00 p.m. Senator Ratliff resumed the chair. The Chair laid out HB 3203, which had been left pending during a previous hearing, and recognized the Senate sponsor, Senator Duncan, to explain the bill. Senator Zaffirini sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Eric Craven, representing Texas Electric Cooperatives, testified in favor of the bill. The Chair announced that HB 3203 would be left pending to await a quorum. Upon arrival of a quorum, Senator Bivins moved that HB 3203, as amended, be reported back 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 3:05 p.m. Senator Zaffirini assumed the chair. The Chair laid out HB 3189 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Jayna Burgdorf, representing Texas Parks and Wildlife, registered on the bill but did not testify. Andrew Sansom, representing Texas Parks and Wildlife, registered on the bill but did not testify. The Chair announced that HB 3189 would be left pending to await a quorum. Upon arrival of a quorum, Senator Bivins moved that HB 3189 be reported back 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 Brown requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 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. At 3:07 p.m. Senator Ratliff resumed the chair. The Chair laid out HB 3271 and recognized the Senate sponsor, Senator Truan, to explain the bill. Robert R. Furgason, representing Texas A&M University - Corpus Christi, testified on the bill. The Chair announced that HB 3271 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 3271 be reported back 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 Brown requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 11 ayes, 0 nays, 0 present not voting, and 2 absent. Senator Truan 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 3:35 p.m. 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