The House Committee on Appropriations
79th Legislature
February 24, 2005
7:00 a.m.
Capitol Extension, E1.030
Pursuant to a notice posted on February 18, 2005 and revised on
February 22, 2005 and twice on February 23, 2005, the House
Committee on Appropriations met in a public hearing and was
called to order by the chair, Representative Pitts, at 7:05 a.m.
The roll was answered as follows:
Present: Representatives Pitts; Luna; Berman; Brown, Betty;
Brown, Fred; Chisum; Davis, John; Edwards; Gattis;
Haggerty; Hamric; Hegar; Hopson; Isett; King, Tracy;
Martinez; Menendez; Pena; Pickett; Smith, Todd;
Truitt (21).
Absent: Representatives Branch; Crownover; Dukes; Guillen;
Hope; Kolkhorst; McClendon; Turner (8).
A quorum was present.
Testimony was taken. (See attached witness list.)
(Representative Crownover now present.)
(Representative McClendon now present.) (Representative Turner
now present.)
(Representative Branch now present.)
(Representative Hope now present.)
Cosmetology Commission
The chair recognized Representative Fred Brown to lay out the
recommendations for the Cosmetology Commission.
Representative Fred Brown moved the adoption of the Legislative
Budget Board [hereinafter "LBB"] recommendations with the
following changes: Eliminate funding and remove the bill pattern
and its components; Transfer performance measures to TDLR;
Transfer FTEs to TDLR; Transfer most riders to TDLR. Without
objection, the motion was adopted.
(Representative Guillen now present.)
(Representative Luna in chair.)
(Representative Pitts in chair.)
Board of Barber Examiners
The chair recognized Representative Fred Brown to lay out the
recommendations for the Board of Barber Examiners.
Representative Fred Brown moved the adoption of the LBB
recommendations with the following changes: Eliminate funding
and remove the bill pattern and its components; Transfer
performance measures to TDLR; Transfer FTEs to TDLR as amended;
Transfer most riders to TDLR. Without objection, the motion was
adopted.
Cosmetology Commission
Representative Fred Brown moved to reconsider the FTE
recommendations for the Cosmetology Commission. Without
objection, the motion was adopted.
Representative Fred Brown moved to increase the number of FTEs
transferred to TDLR. Without objection, the motion was adopted.
Department of Licensing and Regulation
The chair recognized Representative Fred Brown to lay out the
recommendations for the Department of Licensing and Regulation.
Representative Fred Brown moved the adoption of the LBB
recommendations with the following changes: Increase funding and
FTEs for the Combative Sports Program; Increase funding and FTEs
for the Legal Service Contract Program; Increase appropriations
from consolidating the Board of Barber Examiners and the
Cosmetology Commission and increase the FTE cap as amended; Add
new performance measures transferred from the Board of Barber
Examiners and the Cosmetology Commission; Add Contingent Revenue
Rider; Add Capital Budget Rider; Add Elimination of
Architectural Barriers Rider; Add Elevators, Escalators, and
Related Equipment Rider; Add Memorandum of Understanding Rider;
Add Sunset Contingency Rider for the Board of Barber Examiners;
Add Sunset Contingency Rider for the Cosmetology Commission; Add
Board of Barber Examiners Fee Rates Rider; Transfer Cosmetology
Commission Fee Rates Rider; Add Cosmetology Commission School
Inspections Rider; Add Limitation on Out-of-State Travel Rider;
Transfer Cosmetology Commission's Overnight Travel Rider.
Without objection, the motion was adopted.
Executive Council of Physical Therapy & Occupational Therapy
Examiners
Representative Fred Brown moved the adoption of an amendment to
the LBB proposed fiscal changes regarding Appropriated Receipts.
Without objection, the motion was adopted.
Racing Commission
Representative Fred Brown moved the adoption of the Contingency
Appropriation: New Horse Racetrack Rider as laid out by the LBB
staff. Without objection, the motion was adopted.
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2/24/2005
Board of Professional Geoscientists
The chair laid out the previously pended recommendations for the
Board of Professional Geoscientists.
Representative Fred Brown moved the adoption of the LBB
recommendations with the following changes: Reinstate lapse of
2004 Enforcement Funding Strategy; Increase funding for
enforcement; Increase the FTE cap; Add Contingent Revenue Rider;
Adjust performance measure targets to conform with the
committee's funding decisions. Without objection, the motion
was adopted.
Health Professions Council
The chair laid out the previously pended recommendations for the
Health Professions Council.
Representative Fred Brown moved the adoption of the LBB
recommendations. Without objection, the motion was adopted.
(Representative Kolkhorst now present.)
Adjutant General's Department
The chair recognized Representative Haggerty to lay out the
recommendations for the Adjutant General's Department.
Representative Haggerty moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Debt Service Payments to the Texas Militaries Facilities
Commission for Major Maintenance Projects and Roof Replacements
at Various Armories. Without objection, the motion was adopted.
Texas Military Facilities Commission
The chair recognized Representative Haggerty to lay out the
recommendations for the Texas Military Facilities Commission.
Representative Haggerty moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Major Maintenance Projects at Various Armories and Roof
Replacement at Various Armories; Adjust Percent of Needed
Routine or Preventative Maintenance Completed performance
measure; Adjust performance measure targets to conform with the
committee's funding decisions; Add Capital Budget Rider. Without
objection, the motion was adopted.
(Representative Luna in chair.)
(Representative Pitts in chair.)
Alcoholic Beverage Commission
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The chair recognized Representative Pena to lay out the
recommendations for the Alcoholic Beverage Commission.
Representative Pena moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Implementation of Sunset Commission Recommendations, Compliance
Officer Reclassification, Ports of Entry: Automation of Tax
Collections, and Automating the Excise Tax Monitoring Function;
Adjust Number of Inspections Made, Average Cost Per Inspection,
Number of Inspections, Analyses, and Compliance Activities, and
Average Cost Per Inspection, Analyses and Compliance Activity
performance measures; Increase the FTE cap; Amend Capital Budget
Rider; Add Contingency Appropriation Rider as amended; Items for
Future Consideration: Career Enhancement Pay for Tenured
Employees. Without objection, the motion was adopted.
Commission on Fire Protection
The chair recognized Representative Pena to lay out the
recommendations for the Commission on Fire Protection.
Representative Pena moved the adoption of the LBB
recommendations with the following changes: Increase funding for
the Fire Department Emergency Grant Program; Increase the FTE
cap; Add Exemption from Efficient Use of State Owned and Leased
Space Rider; Add Contingent Appropriation: Fire Department
Emergency Grant Program. Without objection, the motion was
adopted.
Commission on Jail Standards
The chair recognized Representative Edwards to lay out the
recommendations for the Commission on Jail Standards.
Representative Edwards moved the adoption of the LBB
recommendations with the following changes: Add Mentally Ill
Offender Screening Rider. Without objection, the motion was
adopted.
Commission on Law Enforcement Officer Standards and Education
The chair recognized Representative Pena to lay out the
recommendations for the Commission on Law Enforcement Officer
Standards and Education.
Representative Pena moved the adoption of the LBB
recommendations with the following changes: Items for Future
Consideration: Curriculum Expansion for the Distance Learning
Program. Without objection, the motion was adopted.
Office of the State Prosecuting Attorney
The chair recognized Representative Edwards to lay out the
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recommendations for the Office of the State Prosecuting
Attorney.
Representative Edwards moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Oral Arguments and Continuing Legal Education; Adjust
performance measure targets to conform with the committee's
funding decisions. Without objection, the motion was adopted.
State Law Library
The chair recognized Representative Edwards to lay out the
recommendations for the State Law Library.
Representative Edwards moved the adoption of the LBB
recommendations. Without objection, the motion was adopted.
At 9:54 a.m., on the motion of the chair and without objection,
the meeting was recessed until adjournment of the house.
The committee reconvened at 12:37 p.m. and was called to order
by the chair, Representative Pitts. The roll was answered as
follows:
Present: Representatives Pitts; Berman; Branch; Brown, Betty;
Brown, Fred; Chisum; Davis, John; Edwards; Guillen;
Haggerty; Hope; Isett; King, Tracy; Kolkhorst;
Menendez; Pena; Pickett; Turner (18).
Absent: Representatives Luna; Crownover; Dukes; Gattis;
Hamric; Hegar; Hopson; Martinez; McClendon; Smith,
Todd; Truitt (11).
A quorum was present.
Testimony was taken. (See attached witness list.)
(Representative Hopson now present.) (Representative Crownover
now present.)
State Commission on Judicial Conduct
The chair recognized Representative Hope to lay out the
recommendations for the State Commission on Judicial Conduct.
Representative Hope moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Formal Proceeding and Appeal Expenses; Technical Adjustment to
Rider 3, Formal Proceedings and Appeals; Amend Formal
Proceedings and Appeals Rider; Adjust performance measure
targets to conform with the committee's funding decisions.
Without objection, the motion was adopted.
(Representative Turner in chair.)
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House Committee on Appropriations
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(Representative McClendon now present.)
(Representative Pitts in chair.)
Judiciary Section, Comptroller's Department
The chair recognized Representative Hope to lay out the
recommendations for the Judiciary Section, Comptroller's
Department.
Representative Hope moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Special Prosecution Unit; Add Transfer of Vehicles to Walker
County Rider; Items for Future Consideration: Public Integrity
Unit, Visiting Judges. Without objection, the motion was
adopted. Representative Hope abstained (present not voting).
(Representative Dukes now present.)
Supreme Court of Texas
The chair recognized Representative Haggerty to lay out the
recommendations for the Supreme Court of Texas.
Representative Haggerty moved the adoption of the LBB
recommendations with the following changes: Restore Five Percent
Reduction; Increase funding for Supreme Court Webcasting
Project; Increase performance measures to reflect fiscal
changes; Increase the FTE cap; Items for Future Consideration:
Staff Attorney Salary Increases, Supreme Court Rules Function,
Law Clerk Salaries. Without objection, the motion was adopted.
Court of Criminal Appeals
The chair recognized Representative Haggerty to lay out the
recommendations for the Court of Criminal Appeals.
Representative Haggerty moved the adoption of the LBB
recommendations with the following changes: Restore Five Percent
Reduction; Increase funding for Actual Innocence Training for
Judicial and Court Personnel; Increase performance measures to
reflect fiscal changes; Increase the FTE cap; Amend Refunds of
Unexpended Balances from Training Entities Rider; Technical
adjustment to Appropriation: Unexpended Balance Authority Within
the Biennium for Judicial Education, Administrative Allocation
Rider; Add Judicial and Court Personnel Training Rider; Add
Actual Innocence Training Rider; Items for Future Consideration:
Retain Quality Staff. Without objection, the motion was
adopted.
14 Courts of Appeals
The chair recognized Representative Haggerty to lay out the
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recommendations for the 14 Courts of Appeals.
Representative Haggerty moved the adoption of the LBB
recommendations with the following changes: Restore Five Percent
Reduction; Additional Funding for Ninth Court of Appeals,
Beaumont; Increase performance measures to reflect fiscal
changes; Increase the FTE cap; Items for Future Consideration:
Block Grant. Without objection, the motion was adopted.
Office of Court Administration, Texas Judicial Council
The chair recognized Representative Haggerty to lay out the
recommendations for the Office of Court Administration, Texas
Judicial Council.
Representative Haggerty moved the adoption of the LBB
recommendations with the following changes: Unexpended Balances
Authority; Performance measures as amended; Increase the FTE
cap; Exempt Position for Executive Director, Court Reporters
Certification Board; Amend Information Regarding Allocation of
Full-Time-Equivalent Positions Rider; Amend Indigent Defense
Rider; Items for Future Consideration: Restore funding for Child
Protection Courts. Without objection, the motion was adopted.
Special Provisions - The Judiciary
The chair recognized Representative Hope to lay out the
recommendations for Special Provisions - The Judiciary.
Representative Hope moved the adoption of the LBB
recommendations with the following changes: Add Schedule of
Exempt Positions Rider. Without objection, the motion was
adopted.
(Representative Hamric now present.) (Representative Hegar now
present.)
Office of the Attorney General
The chair recognized Representative Haggerty to lay out the
recommendations for the Office of the Attorney General.
Representative Haggerty moved the adoption of the LBB
recommendations with the following changes: Increase salary
funding for Attorneys; Increase funding for Legal Staff
Resources; Increase funding for Medicaid Fraud Control Unit
Expansion; Increase funding for Crime Victims Payments and
Staffing Level; Technical adjustment to Amount of Crime Victims
Compensation Awarded performance measure; Technical adjustment
to Rider 14, Appropriation: CASA License Plate Revenues;
Performance measures as amended; Increase the FTE cap; Reinstate
Rider 4, Disposition, Earned Federal Funds; Add Appropriations
out of the Compensation to Victims of Crime Account No. 469:
Appropriations Not to Exceed Excess Amounts Certified by the
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House Committee on Appropriations
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Office of the Attorney General Rider; Add Contingency
Appropriation Rider. Without objection, the motion was adopted.
(Representative Martinez now present.)
Department of Criminal Justice
The chair recognized Representative Turner to lay out the
recommendations for the Department of Criminal Justice.
Representative Turner moved the adoption of the LBB
recommendations with the following changes: Funding for
Increased Incarceration Projections; Diversion Programs;
Community Corrections; Treatment Alternatives to Incarceration;
Halfway House Facilities; Intermediate Sanction Facilities;
Special Needs Projects; Substance Abuse Treatment; Correctional
Managed Health Care; Repair of Facilities; Parole Caseload
Growth; Additional Probation Treatment Funding; Probation
Caseload Reduction; Education and Recreation Program Receipts
and Reduction in other General Revenue for Institutional
Services; Technical adjustment to Community Supervision and
Corrections Departments refunds; Technical adjustment to Texas
Correctional Industries Receipts; Adjust performance measure
targets to conform with the committee's funding decisions and to
reflect revised population projections; Amend Capital Budget
Rider; Amend Appropriation: Texas Correctional Industries
Receipts Rider; Amend Appropriation: Education and Recreation
Program Receipts Rider; Amend Appropriation: Refunds of
Unexpended Balances from CSCDs Rider; Add Minimum Standards of
Contracted Facilities Rider; Add Contracted Temporary Capacity
Rider; Add Unexpended Balance Authority for Special Needs
Projects Rider; Add Mental Health Services Rider; Add Probation
Caseload Reduction Rider; Add Medically Recommended Intensive
Supervision Rider; Add Progressive Sanctions Model Rider; Add
Residential Treatment and Sanction Beds Funding Rider; Add
Battering Intervention Program Rider; Add Monitoring of
Community Supervision Diversion Beds Rider; Items for Future
Consideration: Parole Substance Abuse: Outpatient Treatment,
Fleet Vehicle Replacement, P.C. Replacement. Without objection,
the motion was adopted.
(Representative Smith, Todd now present.)
(Representative Turner in chair.)
(Representative Pitts in chair.)
Juvenile Probation Commission
The chair recognized Representative Pena to lay out the
recommendations for the Juvenile Probation Commission.
Representative Pena moved the adoption of the LBB
recommendations with the following changes: Increase funding for
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Population Projections; Adjust performance measure targets to
conform with the committee's funding decisions and to reflect
revised population projections; Amend Juvenile Justice
Alternative Education Programs (JJAEP) Rider; Amend Special
Needs Diversionary Programs Rider; Items for Future
Consideration: Juvenile Justice Alternative Education Program
(JJAEP), Restoration of Central Administration. Without
objection, the motion was adopted.
Department of Public Safety
The chair recognized Representative Hope to lay out the
recommendations for the Department of Public Safety.
Representative Hope moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Criminal Intelligence Bureau, Driver License Reengineering,
Crime Laboratory Personnel, and Building Program; Technical
adjustment to Driver License and Records Strategy and to Rider
50, Appropriations Limited to Revenue Collections: Driver
Responsibility Program; Adjust performance measures to reflect
funding recommendations; Increase FTE cap; Amend Capital Budget
Rider; Amend Appropriations Limited to Revenue Collections:
Driver Responsibility Program Rider; Add Gasoline Contingency
Rider; Add Crime Laboratory Personnel Rider; Items for Future
Consideration: Regional Office: Hidalgo County, Crash Records
Information System, Private Security Personnel. Without
objection, the motion was adopted.
(Representative Luna now present.)
Texas Youth Commission
The chair recognized Representative Edwards to lay out the
recommendations for the Texas Youth Commission.
Representative Edwards moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Population Projections, Additional Contract Beds to Establish
97.5% Occupancy Rate, Additional Parole Services Capacity, Radio
System Upgrade (Phase II), Professional Development Training
Academy, and Vocational Training; Adjust performance measures to
reflect funding recommendations; Increase FTE cap; Amend
Appropriation of Other Agency Funds Rider; Amend Utilization of
Existing Youth Commission Facilities Rider; Items for Future
Consideration: Substitute Teachers, Building and Infrastructure
Major Repairs. Without objection, the motion was adopted.
Special Provisions Relating to Public Safety and Criminal
Justice Agencies
The chair recognized Representative Turner to lay out the
recommendations for the Special Provisions Relating to Public
Safety and Criminal Justice Agencies.
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House Committee on Appropriations
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Representative Turner moved the adoption of the LBB
recommendations. Without objection, the motion was adopted.
Commission on Fire Protection
Representative Turner moved to reconsider the Contingency
Appropriation: Fire Department Emergency Grant Program Rider.
Without objection, the motion was adopted.
Representative Turner moved to adopt the revised Contingency
Appropriation: Fire Department Emergency Grant Program Rider.
Without objection, the motion was adopted.
At 3:20 p.m., on the motion of the chair and without objection,
the meeting was adjourned until 7:00 a.m., February 28, 2005.
________________________
Rep. Pitts, Chair
________________________
Cristina Self, Clerk
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