The House Committee on Appropriations
79th Legislature
February 28, 2005
7:00 a.m.
Capitol Extension, E1.030
Pursuant to a notice posted 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 7:06 a.m.
The roll was answered as follows:
Present: Representatives Pitts; Luna; Berman; Brown, Betty;
Brown, Fred; Chisum; Davis, John; Edwards; Gattis;
Guillen; Haggerty; Hamric; Hegar; Hope; Hopson;
Menendez; Pena; Pickett; Truitt; Turner (20).
Absent: Representatives Branch; Crownover; Dukes; Isett;
King, Tracy; Kolkhorst; Martinez; McClendon; Smith,
Todd (9).
A quorum was present.
Testimony was taken. (See attached witness list.)
(Representative Crownover now present.) (Representative Martinez
now present.) (Representative McClendon now present.)
(Representative Smith, Todd now present.)
(Representative Kolkhorst now present.)
Department of Transportation
The chair recognized Representative Hamric to lay out the
recommendations for the Department of Transportation.
The chair pended the recommendations.
(Representative Branch now present.)
Railroad Commission
The chair recognized Representative Hamric to lay out the
recommendations for the Railroad Commission.
Representative Hamric moved the adoption of the Legislative
Budget Board [hereinafter "LBB"] recommendations with the
following changes: Technical adjustment to Rider 1, Performance
Measure Targets; Technical adjustment to Rider 7, Unexpended
Balance and Estimated Appropriation Authority: Oil Field Cleanup
Account; Technical adjustment to Rider 10, Appropriation Limited
to Revenue Collections: Surface Mining Permits; Amend Rider 3,
Unexpended Balance and Estimated Appropriation Authority:
Alternative Fuel Research and Education Account; Amend Rider 6,
Appropriations Limited to Revenue Collections and Contingent
Revenue: LPG/CNG/LNG Fees; Add Federal Funds and Capital Budget
Expenditures Rider; Items for Future Consideration: Oil and Gas
Migration capital budget project, Contingency rider providing
funding for the following items: Targeted Salary Increase, Oil
and Gas Migration Capital Budget project, Information Technology
Infrastructure Upgrade project, Oil and Gas Monitoring and
Inspections, and Replacement Vehicles; Adjust performance
measure targets to conform with the committee's funding
decisions.
Without objection, the motion was adopted.
Commission on Environmental Quality
The chair recognized Representative Hamric to lay out the
recommendations for the Commission on Environmental Quality.
Representative Hamric moved the adoption of the LBB
recommendations with the following changes: Increase funding for
the Water Resource Permitting Strategy; Technical adjustment to
Rider 18, Appropriation: Low-Income Vehicle Repair Assistance,
Retrofit, and Accelerated Vehicle Retirement Program; Amend
Rider 14, Federal Funds and Capital Budget Expenditures Rider;
Add Authorization: Water and Air Program Fee Rates Rider; Add
Reimbursement of Advisory Committees Rider; Amend Rider 16,
Waste Tires; Amend Rider 19, Statewide Implementation Plan
Credit; Delete Rider 21, Appropriation: Operating Permit Fees;
Add Contingency Appropriation: Revenue from Increased Fee Rates
at Watermaster Offices; Items for Future Consideration: Texas
Emissions Reduction Plan, Pended to watchlist: moving the Texas
River Compact Commissions within the agency; Adjust performance
measure targets to conform with the committee's funding
decisions.
Without objection, the motion was adopted.
Water Development Board
The chair recognized Representative Hamric to lay out the
recommendations for the Water Development Board.
Representative Hamric moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Rider 2, Capital Budget; Amend Rider 12, Appropriation:
Agricultural Water Conservation Account; Items for Future
Consideration: Increase funding for Disadvantaged Communities
Program, Fort Bliss Water Infrastructure Needs, and O.C. Fisher
Lake; Adjust performance measure targets to conform with the
committee's funding decisions.
Without objection, the motion was adopted.
Debt Service Payments - Non-Self Supporting G.O. Water Bonds
The chair recognized Representative Hamric to lay out the
recommendations for the Debt Service Payments - Non-Self
Supporting G.O. Water Bonds.
Representative Hamric moved the adoption of the LBB
recommendations with the following changes: Increase funding for
payment of debt service for the Economically Distressed Areas
Program; Amend Rider 3, Payment of Debt Service: Economically
Distressed Areas Bonds; Adjust performance measure targets to
conform with the committee's funding decisions.
Without objection, the motion was adopted.
Historical Commission
The chair recognized Representative Hamric to lay out the
recommendations for the Historical Commission.
Representative Hamric moved the adoption of the LBB
recommendations with the following changes: Delete
Appropriation: Courthouse Preservation Program Rider; Technical
adjustment to Rider 5, Registration of Historic Cemeteries;
Amend Rider 2, Capital Budget; Amend Rider 6, Preservation Trust
Fund; Items for Future Consideration: Funding for Heritage
Tourism; Adjust performance measure targets to conform with the
committee's funding decisions.
Without objection, the motion was adopted.
Ethics Commission
The chair recognized Representative Hamric to lay out the
recommendations for the Ethics Commission.
Representative Hamric moved the adoption of the LBB
recommendations.
Without objection, the motion was adopted.
Texas Incentive & Productivity Commission
The chair recognized Representative Hamric to lay out the
recommendations for the Incentive & Productivity Commission.
Representative Hamric moved the adoption of the LBB
recommendations.
Without objection, the motion was adopted.
Cancer Council
The chair recognized Representative Pickett to lay out the
recommendations for the Cancer Council.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Rider 3, Appropriations of License Plates Balances and
Receipts.
Without objection, the motion was adopted.
Bond Review Board
The chair recognized Representative Pickett to lay out the
recommendations for the Bond Review Board.
Representative Pickett moved the adoption of the LBB
recommendations as amended.
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 final adjournment of the house.
The committee reconvened at 11:51 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; Hamric; Hegar; Hope;
Hopson; Menendez; Pena; Pickett; Smith, Todd; Truitt;
Turner (16).
Absent: Representatives Luna; Branch; Crownover; Dukes;
Edwards; Gattis; Guillen; Haggerty; Isett; King,
Tracy; Kolkhorst; Martinez; McClendon (13).
A quorum was present.
Testimony was taken. (See attached witness list.)
(Representative Guillen now present.)
(Representative Gattis now present.)
(Representative Kolkhorst now present.)
General Land Office and Veterans' Land Board
The chair recognized Representative Pickett to lay out the
recommendations for the General Land Office and Veterans' Land
Board.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Rider 11, Contingency Appropriation for GR-Dedicated Coastal
Protection Account No. 027.
Without objection, the motion was adopted.
(Representative Haggerty now present.)
Trusteed Programs within the General Land Office
The chair recognized Representative Pickett to lay out the
recommendations for the Trusteed Programs within the General
Land Office.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Coastal Erosion Grants Strategy; Technical adjustment to
Rider 9, Contingency Appropriation for GR-Dedicated Coastal
Protection Account No. 027; Amend Appropriation of Receipts:
Real Property Sales and Mineral Royalties Rider; Add State
Energy Marketing Program Rider.
Without objection, the motion was adopted.
(Representative Crownover now present.)
Commission on State Emergency Communications
The chair recognized Representative Pickett to lay out the
recommendations for the Commission on State Emergency
Communications.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Add Contingent
Revenue: General Revenue -Dedicated Advisory Commission on State
Emergency Communications Rider; Add Contingent Revenue: General
Revenue-Dedicated 911 Service Fee Account No. 5050 Rider; Items
for Future Consideration: Increased Network Reliability.
Without objection, the motion was adopted.
(Representative Branch now present.)
(Representative Luna now present.)
Public Finance Authority and General Obligation Bond Debt
Service
The chair recognized Representative Pickett to lay out the
recommendations for the Public Finance Authority and General
Obligation Bond Debt Service.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Agency Operations, Bond Debt Service Payments for the Texas
Building and Procurement Commission, and Bond Debt Service
Payments for the Texas Department of Criminal Justice; Technical
adjustment in General Obligation debt service.
Without objection, the motion was adopted.
(Representative Martinez now present.)
5
House Committee on Appropriations
2/28/2005
(Representative McClendon now present.)
(Representative Edwards now present.)
Building & Procurement Commission
The chair recognized Representative Pickett to lay out the
recommendations for the Building & Procurement Commission.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Utility Payments, Custodial Services, Leasing Services and
Deferred Maintenance; Technical adjustment to Facilities
Operation Strategy; Technical adjustment to Rider 3, Capital
Budget; Technical adjustment to Rider 4, Unexpended Balances of
Bond Proceeds for Deferred Maintenance; Technical adjustment to
Rider 9, Texas Building and Procurement Commission's Revolving
Account; Technical adjustment to Facilities Management Strategy;
Technical adjustment to Custodial Strategy; Modify Capital
Budget Rider.
Without objection, the motion was adopted.
Revenue Bonds for Lease Payments
The chair recognized Representative Pickett to lay out the
recommendations for the Revenue Bonds for Lease Payments.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to General Revenue appropriations; Technical adjustment to
GR-Dedicated Department of Insurance Companies Operating Fund
Account No. 36; Technical adjustment to Rider 2, Informational
Listing of Appropriated Funds.
Without objection, the motion was adopted.
(Representative Isett now present.)
(Representative Dukes now present.)
Texas Lottery Commission
The chair recognized Representative Pickett to lay out the
recommendations for the Texas Lottery Commission.
Representative Pickett moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Rider 11, Local Bingo Prize Fees; Technical adjustment to
Bingo Prize Fee Allocations Strategy; Reinstate Appropriation of
Increased Revenues Rider with amendments; Items for Future
Consideration: Instant Ticket Vending Machine Lease Expenses.
Without objection, the motion was adopted.
6
House Committee on Appropriations
2/28/2005
Soil & Water Conservation Board
The chair recognized Representative Chisum to lay out the
recommendations for the Soil & Water Conservation Board.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Increase funding for
board members' per diem; Amend Allocation of Grant Funds Rider;
Items for Future Consideration: Restore 5% Reduction.
Without objection, the motion was adopted.
Office of Rural Community Affairs
The chair recognized Representative Chisum to lay out the
recommendations for the Office of Rural Community Affairs.
The chair pended the recommendations.
Comptroller of Public Accounts
The chair recognized Representative Chisum to lay out the
recommendations for the Comptroller of Public Accounts.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Taxpayer Information Strategy, Tax Hearings Strategy, Claims and
Payments Strategy, and Fiscal Research and Studies Strategy;
Increase the FTE cap.
Without objection, the motion was adopted.
Fiscal Programs - Comptroller of Public Accounts
The chair recognized Representative Chisum to lay out the
recommendations for the Fiscal Programs - Comptroller of Public
Accounts.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Miscellaneous Claims Strategy; Technical adjustment to
Reimburse - Beverage Tax Strategy; Technical adjustment to Tort
Claims & Fed. Court Judgments Strategy; Technical adjustment to
Rider 2, Appropriation from the Compensation to Victims of Crime
Auxiliary Fund; Technical adjustment to Rider 3, Appropriation,
Payment of Miscellaneous Claims; Technical adjustment to Rider
4, Appropriation, Payment of Tort Claims; Technical adjustment
to Rider 5, Limitation, Payment of Tort Claims; Technical
adjustment to Rider 10, Oil Overcharge Funds Settlement.
Without objection, the motion was adopted.
Social Security and Benefit Replacement Pay
7
House Committee on Appropriations
2/28/2005
The chair recognized Representative Chisum to lay out the
recommendations for the Social Security and Benefit Replacement
Pay.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to State Match - Employer - Public Education Strategy.
Without objection, the motion was adopted.
Department of Agriculture
The chair recognized Representative Chisum to lay out the
recommendations for the Department of Agriculture.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Amend Child
Nutrition Program Rider; Amend Appropriation of Receipts:
Yardage Fees Rider; Items for Future Consideration: Feral Hog
Abatement Program.
Without objection, the motion was adopted.
Office of the Governor
The chair recognized Representative Chisum to lay out the
recommendations for the Office of the Governor.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Support Governor and State Strategy; Technical adjustment to
Rider 5, Unexpended Balances Between Biennia; Add Travel
Expenses for Protocol Services Provided by the Secretary of
State Rider.
Without objection, the motion was adopted.
Trusteed Programs within the Office of the Governor
The chair recognized Representative Chisum to lay out the
recommendations for the Trusteed Programs within the Office of
the Governor.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Reduce funding for
Disaster Funds Strategy; Technical adjustment to Economic
Development and Tourism Strategy; Technical adjustment to
Emergency and Deficiency and Disaster Grants; Technical
adjustment to Appropriation of Balances, Revenue, Fees and
Investment Earnings for the Texas Economic Development Bank;
Technical adjustment to Appropriation of Earned Federal Funds;
Technical adjustment to Federal Grants; Technical adjustment to
Unexpended Balances Between Biennia; Technical adjustment to
8
House Committee on Appropriations
2/28/2005
Texas Enterprise Fund; Technical adjustment to Unexpended
Balances Between Biennia for the Texas Military Value Revolving
Loan Account No. 5114; Technical adjustment to Texas Music
Foundation Plates Account No. 5113 and Daughters of the Republic
of Texas Plates Account No. 5115; Technical adjustment to
Appropriation of License Plate Unexpended Balances and Receipts;
Add Report on Use of Money in the Texas Enterprise Fund Rider;
Items for Future Consideration: Create Emerging Technologies
Fund, Implement Texas Film and Tourism Incentives, and Increase
Funding for the Texas Enterprise Fund.
Representative Haggerty objected to the motion.
The chair pended the motion.
Animal Health Commission
The chair recognized Representative Chisum to lay out the
recommendations for the Animal Health Commission.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Items for Future
Consideration: Contingency Appropriation for Bovine Brucellosis
1st Point Testing.
Without objection, the motion was adopted.
Texas River Compact Commissions
The chair recognized Representative Chisum to lay out the
recommendations for the Texas River Compact Commissions.
Representative Chisum moved the adoption of the LBB
recommendations with the following changes: Items for Future
Consideration: Full Funding of Agency, Transfer of the
commissions to the Commission on Environmental Quality.
Without objection, the motion was adopted.
(Representative Chisum in chair.)
Commission on the Arts
The chair recognized Representative Berman to lay out the
recommendations for the Commission on the Arts.
Representative Berman moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Rider 6, Texas, State of the Arts License Plates; Add
Appropriation: Texas Cultural Endowment Fund Interest Earnings
Rider.
Without objection, the motion was adopted.
9
House Committee on Appropriations
2/28/2005
Veterans Commission
The chair recognized Representative Berman to lay out the
recommendations for the Veterans Commission.
Representative Berman moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Claims Assistance; Technical adjustment to Rider 2,
Appropriation of License Plate Balances and Receipts; Increase
the FTE cap.
Without objection, the motion was adopted.
(Representative Pitts in chair.)
Employees Retirement System
The chair recognized Representative Berman to lay out the
recommendations for the Employees Retirement System.
Representative Berman moved the adoption of the LBB
recommendations with the following changes: Items for Future
Consideration: Increase funding for ERS Retirement (Normal Cost)
and for ERS Retirement (Actuarial sound funding over 30 years).
Without objection, the motion was adopted.
(Representative Chisum in chair.)
(Representative Pitts in chair.)
Texas Workforce Commission
The chair recognized Representative Berman to lay out the
recommendations for the Texas Workforce Commission.
Representative Berman moved the adoption of the LBB
recommendations with the following changes: Amend Capital Budget
Rider; Delete Continuing Education Rider; Amend Budget and
Performance Report Rider; Delete Travel Expenditures Rider;
Items for Future Consideration: Increase funding for At-Risk
Child Care for Families Working or Training for Work Strategy.
Without objection, the motion was adopted.
Reimbursement to the Unemployment Compensation Benefit Account
The chair recognized Representative Berman to lay out the
recommendations for Reimbursement to the Unemployment
Compensation Benefit Account.
Representative Berman moved the adoption of the LBB
recommendations.
10
House Committee on Appropriations
2/28/2005
Without objection, the motion was adopted.
Fire Fighters' Pension Commissioner
The chair recognized Representative Berman to lay out the
recommendations for the Fire Fighters' Pension Commissioner.
Representative Berman moved the adoption of the LBB
recommendations with the following changes: Items for Future
Consideration: State Contribution for Unfunded Actuarial Accrued
Liability (UAAL) for the Texas Statewide Emergency Services
Retirement Act.
Without objection, the motion was adopted.
Secretary of State
The chair recognized Representative Berman to lay out the
recommendations for the Secretary of State.
Representative Berman moved the adoption of the LBB
recommendations with the following changes: Reduce funding for
Protocol/Border Affairs; Amend Number of Processed Requests for
Information on Business, Commercial, and Public Filings
performance measure; Amend Average Cost per Business,
Commercial, and Public Filings Transaction and Information
Request performance measure; Delete Border Affairs Coordinator
Rider; Delete General Revenue Transfer to the General
Revenue-Dedicated Election Improvement Fund Rider as amended;
Add Travel Cap Exemption for the Secretary of State and the
Secretary of State's Staff Rider.
Without objection, the motion was adopted.
Office of State-Federal Relations
The chair recognized Representative Berman to lay out the
recommendations for the Office of State-Federal Relations.
Representative Berman moved the adoption of the LBB
recommendations.
Without objection, the motion was adopted.
Parks & Wildlife Department
The chair recognized Representative Menendez to lay out the
recommendations for the Parks & Wildlife Department.
Representative Menendez moved the adoption of the LBB
recommendations with the following changes: Increase funding for
Proposition 8 General Obligation Bonds as amended (Critical
Repairs, San Jacinto Monument, East Texas Freshwater Fish
Hatchery, Debt Service), Game Warden Academy as amended, and
11
House Committee on Appropriations
2/28/2005
Government Canyon State Natural Area; Technical adjustment to
Number of Major Repair/Construction Projects Completed
performance measure; Technical adjustment to Rider 9,
Construction and Land Owner Incentive Grants Rider; Amend
Capital Budget Rider; Amend Appropriation: State-Owned Housing
Authorized Rider; Add Appropriation: East Texas Fish Hatchery
Rider; Add Appropriation: Game Warden Academy Rider as amended;
Add Capital Budget Expenditures from Federal and Other Funding
Sources Rider; Add Appropriation of Receipts out of General
Revenue-Dedicated Accounts Rider.
Without objection, the motion was adopted.
Library & Archives Commission
The chair recognized Representative Menendez to lay out the
recommendations for the Library & Archives Commission.
Representative Menendez moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Rider 7, Texas Reads License Plates: Appropriation of All
License Plate Unexpended Balances and Receipts; Add Number of
Cubic Feet Stored/Maintained performance measure; Items for
Future Consideration: Appropriation for TexShare Databases.
Without objection, the motion was adopted.
State Office of Risk Management
The chair recognized Representative Menendez to lay out the
recommendations for the State Office of Risk Management.
Representative Menendez moved the adoption of the LBB
recommendations with the following changes: Amend Appropriation
of Unexpended Balances for Cost Containment Rider; Items for
Future Consideration: Increased funding for staff salaries,
operating expenses and agency operations.
Without objection, the motion was adopted.
Workers' Compensation Payments
The chair recognized Representative Menendez to lay out the
recommendations for Workers' Compensation Payments.
Representative Menendez moved the adoption of the LBB
recommendations.
Without objection, the motion was adopted.
Department of Housing & Community Affairs
The chair recognized Representative Menendez to lay out the
recommendations for the Department of Housing & Community
12
House Committee on Appropriations
2/28/2005
Affairs.
Representative Menendez moved the adoption of the LBB
recommendations.
Without objection, the motion was adopted.
Department of Information Resources
The chair recognized Representative Menendez to lay out the
recommendations for the Department of Information Resources.
Representative Menendez moved the adoption of the LBB
recommendations.
Without objection, the motion was adopted.
Preservation Board
The chair recognized Representative Menendez to lay out the
recommendations for the Preservation Board.
Representative Menendez moved the adoption of the LBB
recommendations with the following changes: Technical adjustment
to Manage State History Museum Strategy; Technical adjustment to
Rider 5, Appropriation: Debt Service for Construction of State
History Museum.
Without objection, the motion was adopted.
Pension Review Board
The chair recognized Representative Menendez to lay out the
recommendations for the Pension Review Board.
Representative Menendez moved the adoption of the LBB
recommendations.
Without objection, the motion was adopted.
At 6:45 p.m., on the motion of the chair and without objection,
the meeting was adjourned until 8:00 a.m., March 2, 2005.
________________________
Rep. Pitts, Chair
________________________
Cristina Self, Clerk
13
House Committee on Appropriations
2/28/2005
14