MINUTES SENATE COMMITTEE ON FINANCE Thursday, April 24, 2003 8:32 a.m. Capitol Extension, Room E1.036 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Finance was held on Thursday, April 24, 2003, in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Teel Bivins None Senator Judith Zaffirini Senator Kip Averitt Senator Gonzalo Barrientos Senator Kim Brimer Senator Robert Duncan Senator Kyle Janek Senator Jane Nelson Senator Steve Ogden Senator Florence Shapiro Senator Eliot Shapleigh Senator Todd Staples Senator Royce West Senator John Whitmire Senator Tommy Williams ***** The chair called the meeting to order at 8:32 a.m. The committee was in recess from the previous day. The following business was transacted: The chair laid out SB 823 and recognized the author, Senator Fraser, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Bivins moved that SB 823 be left pending; without objection, it was so ordered. At 9:22 a.m. Senator Zaffirini assumed the chair. At 9:30 a.m. Senator Bivins resumed the chair. The chair laid out SB 1522 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. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Zaffirini moved adoption of the committee substitute; without objection, it was so ordered. Senator Zaffirini moved that SB 1522 do not pass but that CSSB 1522 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 12 ayes, 0 nays, 0 present not voting, and 3 absent. The chair laid out SB 480 and recognized the author, Senator Madla, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Madla to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Ogden moved adoption of the committee substitute; without objection, it was so ordered. Senator Bivins moved that SB 832 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Shapleigh sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini moved to reconsider the vote on the committee substitute for SB 480; without objection, it was so ordered. Senator Zaffirini asked unanimous consent to incorporate the 2 amendments into the committee substitute; without objection, it was so ordered. Senator Zaffirini moved that SB 480 do not pass but that CSSB 480 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 13 ayes, 0 nays, 0 present not voting, and 2 absent. Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 10:16 a.m. the committee stood at ease. At 10:20 a.m. the committee reconvened. At 10:20 a.m. Senator Duncan assumed the chair. The chair laid out SB 502 and recognized Senator Bivins, in the absence of the author, to explain the bill. The bill was left pending to await the committee substitute. At 10:27 a.m. Senator Bivins resumed the chair. The chair laid out SB 1664 and recognized the author, Senator Averitt, to explain the bill. Senator Averitt sent up Committee Amendment 1. Senator Averitt sent up a committee substitute; the chair recognized Senator Averitt to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending to await a quorum. Upon arrival of a quorum, Senator Averitt moved adoption of the amendment for SB 1664; without objection, the amendment was adopted. Senator Averitt requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered. Senator Averitt then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Averitt moved that SB 1664 do not pass but that CSSB 1664 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 15 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SCR 1 and recognized the author, Senator Estes, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Ogden moved that SCR 1 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 14 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair recognized Senator Armbrister to explain the difference between the committee substitute for SB 502 and the bill as filed. The bill was left pending until after adjournment of the Senate. At 10:55 a.m. Senator Bivins moved that the committee stand recessed until 30 minutes after adjournment of the Senate; without objection, it was so ordered. At 3:46 p.m. the committee reconvened. The chair laid out SB 832 and recognized the author, Senator Staples, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Bivins moved that SB 832 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ogden moved that SB 832 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 13 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 1170 and recognized the author, Senator Janek, to explain the bill. Senator Janek sent up a committee substitute; the chair recognized Senator Janek to explain the difference between the committee substitute and the bill as filed. Senator Janek moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Upon arrival of a quorum, Senator Janek moved that SB 1170 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion failed by a record vote of 6 ayes, 3 nays, 0 present not voting, and 6 absent. The chair laid out SB 1364 and recognized the author, Senator Staples, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Bivins moved that SB 1364 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ogden moved that SB 1364 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 12 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 1646 and recognized the author, Senator Staples, to explain the bill. Senator Staples sent up a committee substitute; the chair recognized Senator Staples to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending until the following day. At 4:35 p.m. the committee stood at ease. At 4:40 p.m. the committee reconvened. The chair laid out SB 1543 and recognized the author, Senator Janek, to explain the bill. Senator Janek sent up a committee substitute; the chair recognized Senator Janek to explain the difference between the committee substitute and the bill as filed. Senator Janek moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Bivins moved that SB 1543 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Janek moved that SB 1543 do not pass but that CSSB 1543 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 13 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Janek moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 657 and recognized the author, Senator Brimer, to explain the bill. Senator Brimer sent up a committee substitute; the chair recognized Senator Brimer to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Brimer moved adoption of the committee substitute; without objection, it was so ordered. Senator Bivins moved that SB 657 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Brimer moved that SB 657 do not pass but that CSSB 657 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 13 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 658 and recognized the author, Senator Brimer, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Bivins moved that SB 658 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Brimer moved that SB 658 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 13 ayes, 0 nay, 0 present not voting, and 2 absent. The chair laid out SB 502. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Zaffirini sent up a committee substitute; without objection the committee substitute was adopted. Senator Zaffirini moved that SB 502 do not pass but that CSSB 502 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 12 ayes, 0 nay, 0 present not voting, and 3 absent. There being no further business, at 5:28 p.m. Senator Bivins moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Teel Bivins, Chair ______________________ Stephanie Hoover, Clerk