The House Committee on Appropriations 
         79th Legislature 
         February 22, 2005 
         8:00 a.m. 
         Capitol Extension, E1.030 
          
         Pursuant to a notice posted on February 17, 2005, the House  
         Committee on Appropriations met in a public hearing and was  
         called to order by the chair, Representative Pitts, at 8:05 a.m. 
          
         The roll was answered as follows: 
          
         Present:   Representatives Pitts; Luna; Berman; Brown, Fred;  
                    Chisum; Crownover; Davis, John; Edwards; Gattis;  
                    Haggerty; Hegar; Hopson; Isett; King, Tracy;  
                    Kolkhorst; Martinez; Pickett; Smith, Todd; Truitt;  
                    Turner (20). 
          
         Absent:    Representatives Branch; Brown, Betty; Dukes; Guillen;  
                    Hamric; Hope; McClendon; Menendez; Pena (9). 
          
         A quorum was present. 
          
         Testimony was taken.  (See attached witness list.) 
          
         (Representative McClendon now present.) (Representative Brown,  
         Betty now present.) (Representative Guillen now present.)  
         (Representative Branch now present.) 
          
         State Office of Administrative Hearings 
          
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the State Office of Administrative Hearings.  
         Representative Fred Brown moved the adoption of the Legislative  
         Budget Board [ hereinafter "LBB"] recommendations with the  
         following changes:  Add additional Administrative Law Judge for  
         General Docket cases; Adjust the Full-Time-Equivalent Positions  
         cap; Capital Budget Rider; Billing Rate for Workload Rider;  
         Adjust performance measure targets to conform with the  
         committee's funding decisions.  Without objection, the motion  
         was adopted.  
          
         (Representative Hope now present.) (Representative Pena now  
         present.) 
          
         Department of Banking 
          
         The chair recognized Representative King to lay out the  
         recommendations for the Department of Banking. Representative  
         King moved the adoption of the LBB recommendations with the  
         following changes: Increase bank examination force; Make a  
         technical adjustment to Rider 4, Contingency Appropriation:  
         State Regulatory Response; Adjust the Full-Time-Equivalent  
         Positions cap; Adjust performance measure targets to conform  
         with the committee's funding decisions; Add Contingent Revenue  
  
         Rider; Amend Contingency Appropriation: State Regulatory  
         Response Rider.  Without objection, the motion was adopted. 
          
         (Representative Hamric now present.) 
          
         Board of Chiropractic Examiners 
          
         The chair recognized Representative King to lay out the  
         recommendations for the Board of Chiropractic Examiners.  
         Representative King moved the adoption of the LBB  
         recommendations.  Without objection, the motion was adopted.  
          
         Public Utility Commission of Texas 
          
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Public Utility Commission of Texas.  
         Representative Fred Brown moved the adoption of the LBB  
         recommendations with the following change: Capital Budget Rider.   
         Without objection, the motion was adopted. 
          
         Office of Consumer Credit Commissioner 
          
         The chair recognized Representative King to lay out the  
         recommendations for the Office of Consumer Credit Commissioner.  
         Representative King moved the adoption of the LBB  
         recommendations with the following changes: Increase funding for  
         motor vehicle sales finance personnel; Technical adjustment to  
         Rider 3, Appropriation: Criminal Record Check Receipts; Adjust  
         the Full-Time-Equivalent Positions cap; Add Contingent Revenue  
         Rider; Amend Criminal Record Check Receipts Rider; Add  
         Contingency Appropriation: Regulatory Response Rider; Delete  
         High-cost Lending Rider; Adjust performance measure targets to  
         conform with the committee's funding decisions.  Without  
         objection, the motion was adopted. 
          
         Credit Union Department 
          
         The chair recognized Representative King to lay out the  
         recommendations for the Credit Union Department. Representative  
         King moved the adoption of the LBB recommendations with the  
         following changes: Increase funding for travel to examine credit  
         unions; Increase funding by lapsed spending and retirement  
         incentives transfer; Technical adjustment to Rider 4,  
         Contingency Appropriation: Regulatory Response; Add Contingent  
         Revenue Rider; Adjust performance measure targets to conform  
         with the committee's funding decisions.  Without objection, the  
         motion was adopted. 
          
         Texas State Board of Dental Examiners 
          
         The chair recognized Representative Martinez to lay out the  
         recommendations for the Texas State Board of Dental Examiners.  
         Representative Martinez moved the adoption of the LBB  
         recommendations with the following change: Add Competitive  
         Bidding Process Rider.  Without objection, the motion was  
  
         adopted. 
          
         Funeral Service Commission 
          
         The chair recognized Representative Martinez to lay out the  
         recommendations for the Funeral Service Commission.  
         Representative Martinez moved the adoption of the LBB  
         recommendations.  Without objection, the motion was adopted. 
          
         Board of Professional Geoscientists 
          
         The chair recognized Representative Martinez to lay out the  
         recommendations for the Board of Professional Geoscientists. The  
         chair pended the recommendations.  
          
         Health Professions Council 
          
         The chair recognized Representative Martinez to lay out the  
         recommendations for the Health Professions Council. The chair  
         pended the recommendations. 
          
         Department of Insurance 
          
         The chair recognized Representative Martinez to lay out the  
         recommendations for the Department of Insurance. Representative  
         Martinez moved the adoption of the LBB recommendations with the  
         following changes: Technical adjustment to the Capital Budget  
         Rider; Change performance measures associated with the Market  
         Assistance Program from key to non-key; Amend Travel Cap Rider;  
         Adjust performance measure targets to conform with the  
         committee's funding decisions.  Without objection, the motion  
         was adopted.  
          
         Office of Public Insurance Counsel 
          
         The chair recognized Representative Martinez to lay out the  
         recommendations for the Office of Public Insurance Counsel.  
         Representative Martinez moved the adoption of the LBB  
         recommendations with the following changes: Reallocate funds and  
         a performance measure from Information and Research to  
         Participate in Rate / Rule Hearings Strategy; Adjust performance  
         measure to non-key; Adjust performance measure targets to  
         conform with the committee's funding decisions. Without  
         objection, the motion was adopted. 
          
         At 9:56 a.m., on the motion of the chair and without objection,  
         the meeting was recessed until final adjournment of the house. 
          
         The committee reconvened at 11:39 a.m. and was called to order  
         by the chair, Representative Pitts. The roll was answered as  
         follows: 
          
         Present:   Representatives Pitts; Berman; Brown, Betty; Brown,  
                    Fred; Chisum; Davis, John; Edwards; Gattis; Haggerty;  
                    Hegar; King, Tracy; Martinez; McClendon; Pena; Smith,  
            
                    Todd; Turner (16). 
          
         Absent:    Representatives Luna; Branch; Crownover; Dukes;  
                    Guillen; Hamric; Hope; Hopson; Isett; Kolkhorst;  
                    Menendez; Pickett; Truitt (13). 
          
         A quorum was present. 
          
         Testimony was taken.  (See attached witness list.) 
          
         (Representative Chisum in chair.) 
          
         Structural Pest Control Board 
          
         The chair recognized Representative Betty Brown to lay out the  
         recommendations for the Structural Pest Control Board.  
         Representative Betty Brown moved the adoption of the LBB  
         recommendations.  Without objection, the motion was adopted. 
          
         (Representative Hamric now present.) (Representative Isett now  
         present.) (Representative Hopson now present.) 
          
         Board of Pharmacy 
          
         The chair recognized Representative Betty Brown to lay out the  
         recommendations for the Board of Pharmacy. Representative Betty  
         Brown moved the adoption of the LBB recommendations with the  
         following change: Add Contingent Revenue: Capital Budget Items  
         Rider.  Without objection, the motion was adopted. 
          
         Executive Council of Physical Therapy & Occupational Therapy  
         Examiners 
          
         The chair recognized Representative Betty Brown to lay out the  
         recommendations for the Executive Council of Physical Therapy &  
         Occupational Therapy Examiners. Representative Betty Brown moved  
         the adoption of the LBB recommendations with the following  
         change: Additional reduction in Appropriated Receipts. Without  
         objection, the motion was adopted. 
          
         Texas State Board of Plumbing Examiners 
          
         The chair recognized Representative Betty Brown to lay out the  
         recommendations for the Texas State Board of Plumbing Examiners.  
         Representative Betty Brown moved the adoption of the LBB  
         recommendations with the following changes: Purchase replacement  
         vehicles for enforcement; Add Contingent Revenue: Capital Budget  
         Items Rider.  Without objection, the motion was adopted. 
          
         Texas State Board of Podiatric Medical Examiners 
          
         The chair recognized Representative Betty Brown to lay out the  
         recommendations for the Texas State Board of Podiatric Medical  
         Examiners. Representative Betty Brown moved the adoption of the  
         LBB recommendations with the following changes: SOAH Hearing  
  
         Transcripts and Professional Witnesses; Add Contingent Revenue:  
         Administrative Hearings Cases Rider. Without objection, the  
         motion was adopted. 
          
         (Representative Pitts in chair.) 
          
         Board of Examiners of Psychologists 
         The chair recognized Representative Betty Brown to lay out the  
         recommendations for the Board of Examiners of Psychologists.  
         Representative Betty Brown moved the adoption of the LBB  
         recommendations. Without objection, the motion was adopted. 
          
         (Representative Hope now present.) 
          
         Board of Professional Land Surveying 
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Board of Professional Land Surveying.  
         Representative Fred Brown moved the adoption of the LBB  
         recommendations with the following changes: Texas Online; Adjust  
         TexasOnline performance measure from key to non-key; Add  
         Contingent Revenue Rider; Adjust performance measure targets to  
         conform with the committee's funding decisions.  Without  
         objection, the motion was adopted. 
          
         (Representative Crownover now present.) (Representative  
         Kolkhorst now present.) 
          
         Board of Medical Examiners 
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Board of Medical Examiners.  
         Representative Fred Brown moved the adoption of the LBB  
         recommendations with the following changes: Change the  
         performance measure target for the Average Licensing Cost Per  
         Individual License Issued (Physician) measure; Adjust  
         performance measure targets to conform with the committee's  
         funding decisions.  Without objection, the motion was adopted. 
          
         (Representative Luna now present.) 
          
         Board of Nurse Examiners 
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Board of Nurse Examiners. Representative  
         Fred Brown moved the adoption of the LBB recommendations with  
         the following changes: Increase funding for Licensed Vocational  
         Nurse initial licensure criminal background checks; Increase  
         funding for renewal licensure criminal background checks for all  
         licensees; Adjust the Full-Time-Equivalent Positions cap; Add  
         Contingent Revenue Rider; Add Criminal Record Check Receipts  
         Rider as adjusted; Amend Capital Budget Rider.  Without  
         objection, the motion was adopted. 
          
         Optometry Board 
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Optometry Board. Representative Fred  
         Brown moved the adoption of the LBB recommendations with the  
  
         following change: Texas Workforce Commission's Civil Rights  
         Review.  Without objection, the motion was adopted. 
          
         (Representative Pickett now present.) 
          
         Racing Commission 
         The chair recognized Representative Hegar to lay out the  
         recommendations for the Racing Commission. The chair pended the  
         recommendations. 
          
         Real Estate Commission 
         The chair recognized Representative Hegar to lay out the  
         recommendations for the Real Estate Commission. Representative  
         Hegar moved the adoption of the LBB recommendations.  Without  
         objection, the motion was adopted. 
          
         Residential Construction Commission 
         The chair recognized Representative Hegar to lay out the  
         recommendations for the Residential Construction Commission.  
         Representative Hegar moved the adoption of the LBB  
         recommendations.  Without objection, the motion was adopted. 
          
         Savings and Loan Department 
         The chair recognized Representative Hegar to lay out the  
         recommendations for the Savings and Loan Department.  
         Representative Hegar moved the adoption of the LBB  
         recommendations with the following changes: Increase mortgage  
         broker examination force; Technical adjustment to Rider 5,  
         Contingency Appropriation: Thrift Regulatory Response; Technical  
         adjustment to Rider 6, Contingency Appropriation: Mortgage  
         Broker Regulatory Response; Adjust the Full-Time-Equivalent  
         Positions cap; Add Contingent Revenue Rider; Add Criminal Record  
         Check Receipts Rider; Amend Federal Per Diem Authorized Rider;  
         Adjust performance measure targets to conform with the  
         committee's funding decisions.  Without objection, the motion  
         was adopted. 
          
         State Securities Board 
         The chair recognized Representative Hegar to lay out the  
         recommendations for the State Securities Board. Representative  
         Hegar moved the adoption of the LBB recommendations with the  
         following changes: Add Appropriation of Unexpended Balances  
         Rider; Amend Rider 2, Grants and Donations for Investor  
         Education Initiatives.  Without objection, the motion was  
         adopted. 
          
         Racing Commission 
         Representative Hegar moved the adoption of the LBB  
         recommendations with the following changes: Adjust the  
         Full-Time-Equivalent Positions cap; Add Contingency  
         Appropriation: New Horse Racetrack Rider; Add Contingency  
         Appropriation: Accredited Texas Bred Program Rider.  Without  
         objection, the motion was adopted. 
          
         Board of Tax Professional Examiners 
  
         The chair recognized Representative Hegar to lay out the  
         recommendations for the Board of Tax Professional Examiners.  
         Representative Hegar moved the adoption of the LBB  
         recommendations with the following changes: Remove TexasOnline  
         Strategy; Information Technology (IT) Maintenance; New licensing  
         registration database; Add Contingency Revenue: Information  
         Technology Maintenance and Licensing Database Revisions Rider;  
         Add Contingency Appropriation: TexasOnline Rider. Without  
         objection, the motion was adopted. 
          
         Office of Public Utility Counsel 
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Office of Public Utility Counsel.  
         Representative Fred Brown moved the adoption of the LBB  
         recommendations with the following changes: Amend the annual  
         target for Number of Electric Cases in Which OPUC Participates;  
         Adjust the Full-Time-Equivalent Positions cap; Adjust  
         performance measure targets to conform with the committee's  
         funding decisions.  Without objection, the motion was adopted. 
          
         (Representative Truitt now present.) 
          
         Board of Veterinary Medical Examiners 
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Board of Veterinary Medical Examiners.  
         Representative Fred Brown moved the adoption of the LBB  
         recommendations with the following changes: SOAH hearing  
         transcripts and professional witnesses; Add Contingency Revenue:  
         Administrative Hearings Case Rider; Adjust performance measure  
         targets to conform with the committee's funding decisions.   
         Without objection, the motion was adopted. 
          
         (Representative Chisum in chair.) 
          
         (Representative Pitts in chair.) 
          
         (Representative Guillen now present.) 
          
         Workers' Compensation Commission 
          
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Workers' Compensation Commission.   
         Representative Fred Brown moved the adoption of the LBB  
         recommendations with the following change: Add Out of State  
         Travel Cap Exemption Rider.  Without objection, the motion was  
         adopted. 
          
         Special Provisions Relating to All Regulatory Agencies 
          
         The chair recognized Representative Fred Brown to lay out the  
         recommendations for the Special Provisions Relating to All  
         Regulatory Agencies.  Representative Fred Brown moved the  
         adoption of the LBB recommendations with the following technical  
         adjustments: Eliminate TexasOnline Authority Appropriation for  
         the Board of Tax Professional Examiners; Modify TexasOnline  
 
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         House Committee on Appropriations 
         2/22/2005 
          
         Authority Appropriation for the Board of Medical Examiners.   
         Without objection, the motion was adopted. 
          
         At 1:33 p.m., on the motion of the chair and without objection,  
         the meeting was adjourned until 7:00 a.m. on Thursday, February  
         24, 2005. 
          
         ________________________ 
         Rep. Pitts, Chair 
          
         ________________________ 
         Cristina Self, Clerk 
          
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