MINUTES SENATE COMMITTEE ON FINANCE Saturday, May 17, 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 Saturday, May 17, 1997 in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Bill Ratliff Senator Kenneth Armbrister Senator Teel Bivins Senator Eddie Lucio, Jr. Senator Mike Moncrief Senator Jane Nelson Senator David Sibley Senator Jeff Wentworth ***** The Chair called the meeting to order at 12:10 p.m. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: Senator Carlos Truan Senator Gonzalo Barrientos Senator J.E. Brown Senator Royce West Senator Judith Zaffirini The Chair announced that public testimony would be heard on the following bills and a time certain would be set for 2:30 p.m. to allow committee members to return and vote on all bills. Members were later notified that the time certain had changed to 1:30 p.m. The Chair laid out HCR 211 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Dan Shelley, representing the Council on Texas Forest Products Manufacturers, registered in favor of the bill but did not testify. The Chair announced that HCR 211 would be left pending to await a quorum. Upon arrival of a quorum, Senator Wentworth moved that HCR 211 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 Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 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 2617 and recognized the Senate sponsor, Senator Brown, to explain the bill. Judge Patricia Ott, representing Justices of the Peace and Constables Association of Texas, Inc., registered in favor of the bill but did not testify. Gerald L. Williams, representing the Bill Blackwood Law Enforcement Management Institute of Texas, registered on the bill but did not testify. John H. Williams, representing Justice of the Peace and Constable Association of Texas, registered in favor of the bill but did not testify. The Chair announced that HB 2617 would be left pending to await a quorum. Upon arrival of a quorum, Senator Brown moved that HB 2617 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. Senators Truan and Zaffirini request unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 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 HB 2383 and recognized the Senate sponsor, Senator Cain, to explain the bill. No witnesses appeared for, against, or on HB 2383. The Chair announced that HB 2383 would be left pending to await a quorum. Upon arrival of a quorum, Senator Bivins moved that HB 2383 be reported favorably 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, 4 present not voting, and 0 absent. The Chair laid out HB 640 and recognized the Senate sponsor, Senator Cain, to explain the bill. No witnesses appeared for, against, or on HB 640. Senator Truan moved that HB 640 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. Senators West and Zaffirini requested unanimous consent to be shown voting aye on the previous; without objection, the final vote was 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. The Chair laid out HB 2159 and recognized the Senate sponsor, Senator Patterson, to explain the bill. No witnesses appeared for, against, or on HB 2159. HB 2159 was left pending. The Chair laid out HB 137 and recognized the Senate sponsor, Senator Truan, 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. Senator Ratliff sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ratliff requested unanimous consent to incorporate the amendment into the committee substitute. Senator Truan then moved that the new committee substitute be adopted. Owen Randy Johnson, representing Sears Methodist Retirement System, registered in favor of the bill but did not testify. G.K. Sprinkle, representing Texas Association of Community Development Corporations, registered in favor of the bill but did not testify. The Chair announced that HB 137 would be left pending to await a quorum. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 137 do not pass but that CSHB 137 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. Senators Barrientos, West and Zaffirini requested unanimous request to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out HB 1820 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lucio then requested unanimous consent to reconsider the committee's action on the adoption of Committee Amendment 1; without objection, it was so ordered. Senator Lucio, Jr. withdrew Committee Amendment 1. No witnesses appeared for, against, or on HB 1820. The Chair announced that HB 1820 would be left pending to await a quorum. Upon arrival of a quorum, Senators Lucio, Jr. and Truan moved that HB 1820 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 Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 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 HB 2198 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. No witnesses appeared for, against, or on HB 2198. The Chair announced that HB 2198 would be left pending to await a quorum. Upon arrival of a quorum, Senator Lucio, Jr. moved that HB 2198 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 Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 12 ayes, 0 nays, 1 present not voting, and 0 absent. The Chair laid out HB 2681 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. Karen Johnson, representing Keep Texas Beautiful, registered in favor of the bill but did not testify. The Chair announced that HB 2681 would be left pending to await a quorum. Upon arrival of a quorum, Senator Armbrister moved that HB 2681 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. Senators Truan and Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Sibley requested unanimous consent to reconsider previous action taken on HB 1518; without objection it was so ordered. The Chair laid out HB 1518 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill. HB 1518 was left pending. The Chair laid out HB 3513 and recognized the Senate sponsor, Senator Sibley, to explain the bill. Kelli Dan, representing the State Auditor's Office, registered on the bill but did not testify. The Chair announced that HB 3513 would be left pending to await a quorum. Upon arrival of a quorum, Senator Sibley moved that HB 3513 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. Senators Truan and Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Sibley moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 12:45 pm Senator Truan assumed the chair. The Chair laid out HB 1384 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Stephen R. Hensley, representing Texas A&M University - Texarkana, testified on the bill. The Chair announced that HB 1384 would be left pending to await a quorum. Upon arrival of a quorum, Senator Truan moved that HB 1384 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 2948 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. No witnesses appeared for, against, or on HB 2948. The Chair announced that HB 2948 would be left pending to await a quorum. Upon arrival of a quorum, Senator Armbrister moved that HB 2948 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. Senators Truan and Zaffirini requested unanimous consent to be shown aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out HCR 26 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. No witnesses appeared for, against, or on HCR 26. The Chair announced that HCR 26 would be left pending to await a quorum. Upon arrival of a quorum, Senator Armbrister moved that HCR 26 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. Senators Truan and Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 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 HCR 118 and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Ed Howard, representing Dick Enterprises, registered in favor of the bill but did not testify. The Chair announced that HCR 118 would be left pending to await a quorum. Upon arrival of a quorum, Senator Armbrister moved that HCR 118 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 Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 absent. At 1:00 pm Senator Ratliff resumed the chair. The Chair laid out SJR 37 and recognized the author, Senator Gallegos, Jr., to explain the bill. No witnesses appeared for, against, or on SJR 37, SJR 37 was left pending. The Chair laid out SCR 71 and recognized Senator Wentworth, in the absence of the author, to explain the bill. Senator Wentworth sent up Committee Amendment 1. Senator Wentworth then withdrew Committee Amendment 1. No witnesses appeared for, against, or on SCR 71. The Chair announced that SCR 71 would be left pending to await a quorum. Upon arrival of a quorum, Senator Wentworth moved that SCR 71 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 Zaffirini requested unanimous consent to be shown voting aye on the previous motion; without objection, the final vote was 13 ayes, 0 nays, 0 present not voting, and 0 absent. There being no further business, at 1:45 pm Senator Ratliff moved that the Committee be adjourned. Without objection, it was so ordered. ______________________ Senator Bill Ratliff, Chair ______________________ Patricia Hicks, Clerk