MINUTES
SENATE COMMITTEE ON FINANCE
Friday, May 23, 2003
9:00 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 Friday, May 23, 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 9:31 a.m. There being
a quorum present, the following business was transacted:
At 9:40 a.m. Senator Barrientos assumed the chair.
The chair laid out HB 1941 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 Shapiro sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Bivins moved that HB 1941 do not
pass but that CSHB 1941 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 9 ayes, 1 nay, 0
present not voting, and 5 absent. The bill was again considered
later in the hearing. Senator Bivins moved to reconsider the
motion on the previous vote; without objection, it was so
ordered. Senator Bivins sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted. Senator
Bivins requested unanimous consent to incorporate the amendments
into the committee substitute; without objection, it was so
ordered. Senator Bivins moved that the new committee substitute
be adopted; without objection, it was so ordered. Later in the
hearing, Senator Bivins moved that HB 1941 do not pass but that
CSHB 1941 be reported back 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 9:51 a.m. Senator Bivins resumed the chair.
The chair laid out HB 3074 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 3074
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Staples moved that
HB 3074 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 Staples moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 10:00 a.m. Senator Shapiro assumed the chair.
The chair laid out HB 2292 and recognized the Senate sponsor,
Senator Nelson. The committee substitute for HB 2292 was
adopted the previous day. Senator Nelson sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator Nelson sent up Committee Amendment 2 and
moved adoption; without objection, the amendment was adopted.
Senator Nelson sent up Committee Amendment 3 and moved adoption;
without objection, the amendment was adopted. Senator Nelson
sent up Committee Amendment 4 and moved adoption; without
objection, the amendment was adopted. Senator Nelson sent up
Committee Amendment 5 and moved adoption; without objection, the
amendment was adopted.
At 10:06 a.m. Senator Bivins resumed the chair.
Senator Nelson sent up Committee Amendment 6 and moved adoption;
without objection, the amendment was adopted. Senator Nelson
sent up Committee Amendment 7 and moved adoption; without
objection, the amendment was adopted. Senator Nelson sent up
Committee Amendment 8 and moved adoption; without objection, the
amendment was adopted. Senator Nelson sent up Committee
Amendment 9 and moved adoption; without objection, the amendment
was adopted. Senator Nelson sent up Committee Amendment 10 and
moved adoption. The motion failed by a record vote of 5 ayes, 6
nays, 0 present not voting, and 4 absent. Senator Nelson sent
up Committee Amendment 11 and moved adoption. The motion failed
by a record vote of 7 ayes, 4 nays, 0 present not voting, and 4
absent. Senator Nelson pulled down Committee Amendment 12.
Senator Nelson sent up Committee Amendment 13 and moved
adoption; without objection, the amendment was adopted. Senator
Nelson sent up Committee Amendment 14 and moved adoption;
without objection, the amendment was adopted. Senator Nelson
sent up Committee Amendment 15 and moved adoption; without
objection, the amendment was adopted. Senator Nelson sent up
Committee Amendment 16 and moved adoption; without objection,
the amendment was adopted.
Senator Bivins stated that some rulings on motions made in the
past may not have been consistent with the committee rules.
Senator Staples moved to validate all previous actions; without
objection, it was so ordered.
Senator Shapleigh sent up Committee Amendment 17 and moved
adoption. The motion failed by a record vote of 4 ayes, 6 nays,
0 present not voting, and 5 absent. Senator Shapleigh sent up
Committee Amendment 18 and moved adoption. The motion carried
with a record vote of 8 ayes, 3 nays, 0 present not voting, and
4 absent. Senator Shapleigh sent up Committee Amendment 19 and
moved adoption. The motion carried by a record vote of 6 ayes,
4 nays, 0 present not voting, and 5 absent. Senator West sent
up Committee Amendment 20 and moved adoption. The motion failed
by a record vote of 3 ayes, 7 nays, 0 present not voting, and 5
absent. 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 Nelson moved that HB 2292 do not pass but that CSHB 2292
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 9 ayes, 2 nays, 0 present not voting, and 4 absent. Later in
the hearing, Senator Janek moved to reconsider the motion on the
previous vote; without objection, it was so ordered. Senator
Janek moved to reconsider the committee substitute that had
already been adopted; without objection, it was so ordered.
Senator Janek requested unanimous consent to incorporate all
adopted amendments into the committee substitute; without
objection, it was so ordered. Senator Janek then moved that the
new committee substitute be adopted; without objection, it was
so ordered. Senator Janek moved that HB 2292 do not pass but
that CSHB 2292 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 9 ayes, 3 nays, 0 present not
voting, and 3 absent.
At 11:01 a.m. Senator Bivins moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 2:41 p.m. the committee reconvened.
At 2:41 p.m. Senator Zaffirini assumed the chair.
At 2:42 p.m. Senator Bivins resumed the chair.
The chair laid out HB 3442 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. 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. Senator Averitt 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 Averitt moved that HB 3442 do not pass but that CSHB
3442 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.
The chair laid out HB 651 and recognized the Senate sponsor,
Senator Williams, 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 until
the following day.
At 2:58 p.m. Senator Zaffirini assumed the chair.
The chair laid out HB 2416 and recognized Senator Nelson, 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 Zaffirini moved
that HB 2416 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Janek moved that HB 2416 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. 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 HB 3607 and recognized Senator Averitt, 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. The bill was left
pending until the following day.
The chair laid out HB 179 and recognized Senator Nelson, in the
absence of the Senate sponsor, to explain the bill. There was
no public testimony on the bill. The bill was left pending
until the following day.
SENATE COMMITTEE ON FINANCE
Minutes
Friday, May 23, 2003
page 5
At 3:22 p.m. Senator Zaffirini moved that the committee stand
recessed until 5:00 p.m; without objection, it was so ordered.
At 5:13 p.m. the committee reconvened.
The chair laid out HB 2424 and recognized the Senate sponsor,
Senator Armbrister, 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 Zaffirini sent up a
committee substitute; the chair recognized Senator Armbrister to
explain the difference between the committee substitute and the
bill as filed. Senator Zaffirini moved adoption of the
committee substitute; without objection, it was so ordered. The
bill was left pending until the following day.
At 5:20 p.m. Senator Zaffirini assumed the chair.
The chair laid out HB 3318 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. The bill was left pending
until the following day.
The chair laid out HB 3459 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 Zaffirini moved
that HB 3459 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Bivins moved that HB 3459 do not pass but that CSHB 3459 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 9
ayes, 2 nays, 0 present not voting, and 4 absent.
At 6:15 p.m. Senator Bivins resumed the chair.
Senator Staples moved to reconsider the vote on the committee
substitute for CSHB3441 that was adopted the previous day; there
being no objection, it was so ordered. Senator Staples sent up
a new 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 new
committee substitute; without objection, it was so ordered.
SENATE COMMITTEE ON FINANCE
Minutes
Friday, May 23, 2003
page 6
Senator Bivins moved that HB 3459 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Staples moved that HB 3459 do not pass but that
CSHB 3459 be reported back 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.
The chair laid out HB 2425 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Senator Duncan sent up a
committee substitute; the chair recognized Senator Duncan to
explain the difference between the committee substitute and the
bill as filed. Senator Duncan 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. The bill was left pending
until the following day.
At 6:47 p.m. Senator Zaffirini assumed the chair.
The chair laid out HB 703 that was left pending from the
previous day. Senator Janek moved that HB 703 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 Janek
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 1278 that was left pending from the
previous day. Senator Janek moved adoption of the committee
substitute that was laid out the previous day; without
objection, it was so ordered. Senator Janek moved that HB 1278
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 Janek moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HJR 55 that was left pending from the
previous day. Senator Janek moved that HJR 55 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.
There being no further business, at 7:14 p.m. Senator Zaffirini
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
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SENATE COMMITTEE ON FINANCE
Minutes
Friday, May 23, 2003
page 7
Senator Teel Bivins, Chair
______________________
Stephanie Hoover, Clerk