MINUTES 
          
                           SENATE COMMITTEE ON FINANCE 
                            Wednesday, March 31, 1999 
                                    9:00 a.m. 
                         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 Wednesday, March 31, 1999 in the Capitol Extension,  
         Room E1.036, at Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Bill Ratliff                    None 
         Senator Carlos Truan 
         Senator Gonzalo Barrientos 
         Senator John Carona 
         Senator Robert Duncan 
         Senator Troy Fraser 
         Senator Mario Gallegos, Jr. 
         Senator Jon Lindsay 
         Senator Mike Moncrief 
         Senator Steve Ogden 
         Senator Royce West 
          
                                      ***** 
          
         The Chair called the meeting to order at 9:10 a.m.  There  
         being a quorum present, the following business was transacted.   
          
         The following members arrived after the roll was called:   
         Senator Lindsay. 
          
         The Chair laid out SB 441, which had been left pending from a  
         previous hearing, and recognized the author, Senator Ellis, to  
         explain the bill.   
          
         Senator Moncrief 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 to reconsider the vote on the adoption of a previous  
         committee substitute; without objection, it was so ordered.    
         Senator Moncrief moved adoption of the new committee  
         substitute, without objection, it was so ordered. 
          
         Senator Fraser sent up Committee Amendment 1 and, after  
         discussion, withdrew the amendment.  Senator Barrientos sent  
         up Committee Amendment 2 and moved adoption.  The motion  
         failed by a vote of 5 ayes, 5 nays, 0 present not voting, and  
  
         1 absent. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         Senator Moncrief moved that SB 441 do not pass but that CSSB  
         441 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 0 absent.   
          
         The Committee resumed its markup session on Senate Bill 2  
         (General Appropriations Bill) and worked on the following: 
          
              Pending Markup Issues on Articles IV and VIII 
              Health and Human Services Commission 
              Department of Health 
              Department of Mental Health and Mental Retardation 
              Health and Human Services - Special Provisions 
              Pending Issues on the Lottery Commission and the  
         Department of  Transportation 
               
         The Committee adopted specific items included in the  
         Legislative Budget Board (LBB) markup document on each agency.   
         A formal vote will be taken on adopted items at the end of the  
         markup process. 
          
         During the consideration of pending markup issues on Articles  
         IV and VIII, the following action was taken: 
          
         The Committee adopted a revised rider on Appropriation:   
         Criminal Record Check Receipts under the Office of Consumer  
         Credit Commissioner.  The revision appropriates all fees  
         collected in excess of $127,000 each year of the biennium to  
         the Office of the Consumer of Credit Commissioner, contingent  
         upon certification by the agency and verification by the  
         Comptroller. 
          
         Under the Office of Court Administration, the Committee  
         adopted riders on the Student Loan Repayment Program, Texas  
         Judicial Council and the Judicial Internship Program. 
          
         The Committee also adopted specific items included in the LBB  
         markup document on the State Commission on Judicial Conduct. 
          
         Under the State Office of Administrative Hearings, the  
         Committee adopted a funding request and rider for Judicial  
         Training from Texas Center for the Judiciary. 
          
         Under the Board of Tax Professional Examiners, the Committee  
         adopted a rider revision to increase exam fees from $45 to  
         $55. 
          
         On items not included in the LBB markup documents, the  
         following action was taken: 
          
         During consideration of the Health and Human Services  
         Commission: 
          
              Senator Moncrief moved adoption of a funding request for  
              $50,000 in 2000 and $50,000 in 2001 for Strategy A.1.1.  
              (System Integration) to assist with guardianship services  
              for elderly and disabled residents.  The motion carried  
              without objection. 
          
              Senator Moncrief moved adoption of a rider to authorize  
              the Commission to utilize up to $2,500,000 for the  
              biennium to develop and implement a pilot waiver program  
              that would consolidate waiver services provided to  
              eligible clients.  The motion carried without objection. 
          
              Senator Gallegos moved adoption of a rider to continue  
              funding to the Commission to develop a single functional  
              assessment tool that can be used on the long-term care  
              populations to determine their level of functional need  
              as provided for by House Bill 663, 75th Legislature.  The  
              motion carried without objection. 
          
              Senator Barrientos moved adoption of a funding request  
              for $50,000 each year of  the biennium for the Texas  
              Traumatic Brain Injury Advisory Board, and its  
              activities, under Strategy A.1.1.  Systems Integration.    
              The motion carried without objection. 
          
          During consideration of the Department of Health: 
          
              Senator Moncrief moved adoption of funding request to add  
              General Revenue to replace $8 million in General Revenue  
              reduced to build in Earned Federal Funds balances in  
              Senate Bill 2, as introduced.  The motion carried without  
              objection. 
          
              Senator Moncrief moved adoption of a contingency rider to  
              appropriate any additional laboratory revenues generated  
              in General Revenue-Dedicated Account 524 above a  
              specified amount for the purpose of laboratory  
              operations.  The motion carried without objection. 
              Senator Moncrief moved adoption of a contingency rider to  
              allow funds collected pursuant to the Anatomical Gift  
              Education Program to be used for that program, contingent  
              on the passage of SB 673.  The motion carried without  
              objection. 
          
              Senator Lindsay moved adoption of a rider to appropriate  
              $212,800 for the biennium out of Dedicated Account  
              5022-Oyster Sales to allow the Department to contract  
              with Texas A&M University at Galveston for the purpose of  
              research to determine Vibrio parahaemolyticus levels in  
              the Texas Oysters and Bay Waters.  The motion carried  
              without objection. 
          
              Senator Barrientos moved adoption of an amended  funding  
              request to authorize the funding for $4,000,000 each year  
              of the biennium for a new budget strategy for Women's  
              Health Initiative. The motion carried without objection. 
          
              Senator Ogden moved adoption of an amended rider to  
              improve compliance with the existing child abuse  
              reporting requirements.  The motion carried without  
              objection. 
          
              Senator Truan moved adoption of an amended rider to  
              preserve the existing infrastructure provided by the  
              Community Oriented Primary Care Program (CONC.) under  
              Strategy D.3.1.  The motion carried without objection. 
          
              Senator Gallegos moved adoption of a rider contingent  
              upon the enactment of SB 114 to  authorize  the  
              Department to use funds under Strategy E.2.2. Health Care  
              Coordination,  only for the purposes permitted by federal  
              and state law relating to the emergency medical services  
              and trauma care system fund.   With a vote of 7 ayes and  
              1 nay, the motion carried. 
          
         During consideration of the Department of Mental Health and  
         Mental Retardation: 
          
              Senator Moncrief moved adoption of a rider that specifies  
              that funds in Strategy A.1.3., Treatment, expended on new  
              generation medications shall be spent in accordance with  
              the practice guidelines developed through the Texas  
              Medication Algorithm Project (TMAP) or a TDMHMR-approved  
              variation or substitute of TMAP guidelines.  The motion  
              carried without objection. 
          
              Senator Moncrief moved adoption of a rider directing the  
              department to employ strategies to contain "new  
              generation" medication costs by negotiating favorable  
              prices with suppliers, participating in pharmaceutical  
              company-sponsored pilot programs and employing generic  
              equivalents when indicated; and requiring the department  
              to submit a report to the LBB and Governor's Office  
              documenting its efforts to manage medication costs.  The  
              motion carried without objection. 
          
              Senator Moncrief moved adoption of a rider amendment and  
              key measure for the Home and Community-based Services  
              Waiver Program.  The motion carried without objection. 
          
              Senator Moncrief moved adoption of proposed action and  
              rider for the Transfer of Employee Benefits Costs for  
              Transition of Full-Time Equivalents to Local Control.   
              The motion carried without objection. 
          
              Senator Moncrief moved adoption of a  funding request of  
              $2,000,000 each year of the biennium for Strategy A.1.2.,  
      
              Intensive Integrated Care.  The motion carried without  
              objection. 
          
         In addition to items adopted in the LBB markup document for  
         the Lottery Commission, Senator Barrientos moved adoption of a  
         rider appropriating funds out of the State Lottery Account in  
         the General Revenue Fund in an amount equal to 5% of the  
         amount by which gross sales exceed $2,910,000,000 during  
         either or both years of the biennium for the purpose of  
         payment of retailer commissions.  The motion carried without  
         objection. 
          
         During consideration of pending items for the Department of   
         transportation: 
          
              Senator Ratliff sent up a packet of riders that the  
              agency requested to be deleted, modified or adopted.  The  
              Committee agreed to delete Riders #32, #35, #37, #38.   
              The Committee agreed to keep riders #27 and #28, #39 and  
              the rider on  Interagency Agreements as written.   The  
              Committee approved an amendment to #30 with the addition  
              of the Port Authority Advisory Committee. 
          
              Senator Ratliff moved adoption of a new rider on  
              Appropriation:  Automobile Theft Prevention Funds.  The  
              motion carried without objection. 
          
              Senator moved adoption of a new rider on Special Fund  
              Balances.  The motion carried without objection. 
          
         There being no further business, at 6:30 p.m. Senator Ratliff  
         announced that the Committee would stand recessed until,  
         Thursday, April 1, 1999.  Without objection, it was so  
         ordered.   
          
         ______________________ 
         Senator Bill Ratliff, Chair 
          
         ______________________ 
         Patricia Hicks, Clerk