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 7 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 8