MINUTES
SENATE COMMITTEE ON FINANCE
Thursday, May 22, 2003
8:00 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, May 22, 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 8:21 a.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 3124 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill. There was no public
testimony on the bill. Senator Bivins moved that HB 3124 be
left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Zaffirini moved that
HB 3124 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 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 3125 and recognized the Senate sponsor,
Senator Zaffirini, 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 HB 3125
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Zaffirini moved that
HB 3125 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 Zaffirini moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 8:27 a.m. Senator Zaffirini assumed the chair.
The chair laid out HB 2458 and recognized the Senate sponsor,
Senator Bivins, to explain the bill. Senator Bivins sent up a
committee substitute; the chair recognized Senator Bivins to
explain the difference between the committee substitute and the
bill as filed. Senator Bivins 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
HB 2458 do not pass but that CSHB 2458 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.
At 8:40 a.m. Senator Bivins resumed the chair.
The chair laid out HJR 21 and recognized the Senate sponsor,
Senator Van de Putte, to explain the bill. There was no public
testimony on the bill. Senator Duncan moved that HJR 21 be
reported favorably to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 10 ayes, 0 nay, 0 present not voting, and 5 absent.
The chair laid out HB 217 and recognized the Senate sponsor,
Senator Van de Putte, 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 Duncan moved that HB 217
be reported favorably to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record
vote of 11 ayes, 0 nay, 0 present not voting, and 4 absent.
The chair laid out HB 216 and recognized the Senate sponsor,
Senator Van de Putte, 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 Duncan moved that HB 216
be reported favorably to the Senate with the recommendation that
it do pass and be printed. The motion carried with a record
vote of 11 ayes, 0 nay, 0 present not voting, and 4 absent.
The chair laid out HJR 16 and recognized the Senate sponsor,
Senator Nelson, to explain the bill. Senator Nelson sent up a
committee substitute; the chair recognized Senator Nelson to
explain the difference between the committee substitute and the
bill as filed. Senator Nelson 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
HJR 16 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Nelson moved
that HJR 16 do not pass but that CSHJR 16 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 Nelson moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 136 and recognized the Senate sponsor,
Senator Nelson, 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 HB 136
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Nelson moved that HB
136 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 Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 3305 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill. There was no public
testimony on the bill. Senator Whitmire sent up a committee
substitute; the chair recognized Senator Whitmire to explain the
difference between the committee substitute and the bill as
filed. Senator Whitmire moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Bivins moved that HB 3305 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Whitmire moved that HB 3305 do not pass but that CSHB
3305 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.
Senator Whitmire moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB 2726 and recognized the Senate sponsor,
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 HB 2726
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Ogden moved that HB
2726 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 HJR 51 and recognized the Senate sponsor,
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 HJR 51
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Ogden moved that HJR
51 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 HB 1125 and recognized the Senate sponsor,
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 HB 1125
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Ogden moved that HB
1125 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 nays, 1 present not voting, and 2
absent.
The chair laid out HB 3441 and recognized the Senate sponsor,
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. Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator Staples
requested unanimous consent to roll the amendment into a
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. The bill was left
pending.
At 9:43 a.m. the committee stood at ease.
At 9:55 a.m. Senator Duncan assumed the chair.
The chair laid out HB 1278 and recognized the Senate sponsor,
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. 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.
The chair laid out HJR 55 and recognized the Senate sponsor,
Senator Janek, 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. The bill was left pending.
The chair laid out HB 703 and recognized the Senate sponsor,
Senator Janek, 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. The bill was left pending.
At 10:14 a.m. Senator Janek assumed the chair.
The chair laid out HB 3208 and recognized the Senate sponsor,
Senator Averitt, 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 Janek moved that HB 3208
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Averitt moved that
HB 3208 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 10 ayes, 0 nay, 1 present not
voting, and 4 absent.
At 10:16 a.m. Senator Janek moved that the committee stand
recessed; without objection, it was so ordered.
At 7:00 p.m. the committee reconvened.
The chair laid out HB 3378 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill. There was no public
testimony on the bill. Senator Shapleigh sent up Committee
Amendment 1 by Senator Nelson and moved adoption; without
objection, the amendment was adopted. Senator Shapleigh sent up
Committee Amendment 2 and moved adoption. The motion failed by
a record vote of 7 ayes, 4 nays, 0 present not voting, and 4
absent. Upon arrival of a quorum, Senator Shapleigh moved that
HB 3378, as amended, 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 Shapleigh moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 7:07 p.m. Senator Whitmire assumed the chair.
The chair laid out HB 3443 and recognized Senator Bivins, in the
absence of the Senate sponsor, 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 Whitmire moved
that HB 3443 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Ogden moved that HB 3443 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 HB 1082 and recognized Senator Shapleigh, in
the absence of the Senate sponsor, 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 Whitmire
moved that HB 1082 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Ogden moved that HB 1082 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 11 ayes, 0 nay, 1 present
not voting, and 3 absent.
The chair laid out HB 3526 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Senator Duncan sent up
Committee Amendment 1; the amendment was not adopted. 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 Whitmire moved
that HB 3526 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Duncan moved that HB 3526 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 9 ayes, 4 nays, 0 present
not voting, and 2 absent.
The chair laid out HB 3306 and recognized the Senate sponsor,
Senator Duncan, 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 Whitmire moved that HB
3306 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Duncan moved
that HB 3306 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 11 ayes, 1 nay, 0 present not
voting, and 3 absent.
At 8:27 p.m. Senator Shapiro assumed the chair.
The chair laid out HB 2292 and recognized the Senate sponsor,
Senator Nelson, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
At 9:46 p.m. Senator Barrientos assumed the chair.
At 10:01 p.m. Senator Shapiro assumed the chair.
At 11:40 p.m. Senator Bivins resumed the chair.
The chair moved that the public testimony on HB 2292 be closed;
without objection, it was so ordered. The bill was left
pending.
There being no further business, at 11:57 p.m. Senator Bivins
moved that the Committee stand recessed until 9:00 a.m. the
following morning. Without objection, it was so ordered.
______________________
Senator Teel Bivins, Chair
______________________
Stephanie Hoover, Clerk