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