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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