MINUTES
SENATE COMMITTEE ON COMMITTEE OF THE WHOLE SENATE
Friday, May 2, 2003
9 a.m.
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Committee of
the Whole Senate was held on Friday, May 2, 2003, in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator John Carona
Senator Kip Averitt Senator Leticia Van de
Putte
Senator Gonzalo Barrientos
Senator Teel Bivins
Senator Kim Brimer
Senator Bob Deuell
Senator Robert Duncan
Senator Rodney Ellis
Senator Craig Estes
Senator Troy Fraser
Senator Mario Gallegos, Jr.
Senator Chris Harris
Senator Juan Hinojosa
Senator Mike Jackson
Senator Kyle Janek
Senator Jon Lindsay
Senator Eddie Lucio, Jr.
Senator Frank Madla
Senator Jane Nelson
Senator Steve Ogden
Senator Bill Ratliff
Senator Florence Shapiro
Senator Eliot Shapleigh
Senator Todd Staples
Senator Jeff Wentworth
Senator Royce West
Senator John Whitmire
Senator Tommy Williams
Senator Judith Zaffirini
Lieutenant Governor David Dewhurst
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Dean Whitmire called the meeting to order at 9:40 a.m. There
being a quorum present, the following business was transacted.
Dean Whitmire laid out the following bills before the committee:
SB 2 by Shapiro, relating to public school finance, a state ad
valorem tax, state general sales and use taxes, state taxes in
the sale or use of a motor vehicle, and property tax relief for
residential tenants;
SJR 1 by Shapiro, proposing a constitutional amendment to
provide financial support for public education by creating the
Texas education fund, authorizing a state property tax,
increasing the state general sales and use tax rate, expanding
the general sales and use tax base to include certain services,
increasing the state motor vehicle sales and use tax rate,
abolishing the school district property tax for maintenance and
operations purposes, and authorizing a school district property
tax for the purpose of educational enrichment; and,
HB 5 by Representative Grusendorf/Senator Shapiro, relating to
public school finance.
Dean Whitmire recognized Senator Shapiro to explain the three
bills.
President Pro Tempore Lucio moved to limit testimony to three
minutes per person. There being no objection, the motion was
adopted.
Dean Whitmire called upon the following panel to provide invited
testimony. Panel one included the following persons:
Wayne Pierce, Equity Center
Scott McCown, Center for Public Policy Priorities
Lynn Moak, Moak, Casey & Associates, LLP
David Thompson, Bracewell & Patterson, LLP
Bill Allaway, Texas Taxpayers and Research Association
Dean Whitmire called upon the following panel to provide invited
testimony. Panel two included the following persons:
Catherine Clark, Texas Association of School Boards
Bill Grusendorf, Texas Association of Rural Schools
Ken McCraw, Texas Association of Mid-Size Schools
Leonard Merrill, Texas Association of School Administrators
Martin Pena, South Texas Association of Schools
Keith Sockwell, Northwest ISD, representing Ch. 41 school
districts
Senator Wentworth assumed presiding duties.
Dean Whitmire resumed presiding duties.
Dean Whitmire called upon the following panel to provide invited
testimony. Panel three included the following persons:
Eric Hartman, Texas Federation of Teachers
Brock Gregg, Association of Texas Professional Educators
Lonnie Hollingsworth, Texas Classroom Teachers Association
Jack Kelly, Texas State Teachers Association
Dean Whitmire opened public testimony. See attached witness list
for persons who provided oral and written testimony regarding SB
2, SJR 1 and HB 5.
There being no other persons registered or responding to Dean
Whitmire's call for public testimony regarding SB 2, SJR 1 or HB
5, Dean Whitmire closed public testimony.
Senator Shapiro sent up a committee substitute for HB 5 and
explained the differences between the committee substitute and
the bill as filed. Senator Shapiro moved the adoption of the
committee substitute for HB 5. There being no objection, the
committee substitute for HB 5 was adopted.
Senator Shapiro sent up a committee substitute for SJR 1 and
explained the differences between the committee substitute and
the senate joint resolution as filed. Senator Shapiro moved the
adoption of the committee substitute for SJR 1. There being no
objection, the committee substitute for SJR 1 was adopted.
Senator Shapiro sent up a committee substitute for SB 2 and
explained the differences between the committee substitute and
the bill as filed. Senator Shapiro moved the adoption of the
committee substitute for SB 2. There being no objection, the
committee substitute for SB 2 was adopted.
Dean Whitmire recognized Lieutenant Governor David Dewhurst for
remarks.
Senator Shapiro moved that HB 5 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a record vote of 30 ayes, 0 nays, 2 absent
and 0 present not voting.
Senator Shapiro moved that SB 2 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a record vote of 30 ayes, 0 nays, 2 absent
and 0 present not voting.
Senator Shapiro moved that SJR 1 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a record vote of 30 ayes, 0 nays, 2 absent
and 0 present not voting.
Senator Shapleigh asked unanimous consent to be shown voting aye
on the committee substitutes for HB 5, SB 2 and SJR 1. There
being no objection, it was so ordered.
Senator Wentworth at 2:23 p.m., asked that the Committee of the
Whole, rise and report progress. Without objection, it was so
ordered.
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Dean John Whitmire, Chair
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Patsy Spaw, Secretary of the Senate