The House Committee on Appropriations 79th Legislature March 16, 2005 7:00 a.m. Capitol Extension, E1.030 Pursuant to a notice posted on March 10, 2005, and revised on March 14, 2005 and twice on March 15, 2005, the House Committee on Appropriations met in a public hearing and was called to order by the chair, Representative Pitts, at 7:10 a.m. The roll was answered as follows: Present: Representatives Pitts; Luna; Berman; Brown, Betty; Brown, Fred; Chisum; Crownover; Davis, John; Edwards; Haggerty; Hamric; Hegar; Hope; Hopson; Isett; King, Tracy; Kolkhorst; Martinez; McClendon; Menendez; Pena; Smith, Todd; Turner (23). Absent: Representatives Branch; Dukes; Gattis; Guillen; Pickett; Truitt (6). A quorum was present. (Representative Guillen now present.) (Representative Pickett now present.) The chair recognized Representative Fred Brown to lay out Regulatory riders. The chair recognized Representative Betty Brown to lay out a proposed rider for the Department of Licensing and Regulation. Testimony was taken. (See attached witness list.) The chair recognized Representative Tracy King to lay out a proposed rider for the Department of Licensing and Regulation. Representative Fred Brown moved the adoption of the following Regulatory riders: Amend Contingent Revenue Rider for the Board of Nurse Examiners; Amend Capital Budget Rider for the Board of Medical Examiners; Add Rural Physician Assistant Loan Reimbursement Rider for the Board of Medical Examiners; Add Contingent Revenue Rider for the Board of Chiropractic Examiners; Add Contingent Revenue: Capital Budget Items and Agency Operations Rider for the Securities Board; Add Out-of-State Travel Cap Exemption Rider for the Securities Board; Add Contingent Revenue Rider regarding the enforcement of electricians for the Department of Licensing and Regulation; Add Contingent Revenue Rider regarding weather modification operations for the Department of Licensing and Regulation. Without objection, the motion was adopted. The chair recognized Representative Turner to lay out the Criminal Justice riders. (Representative Branch now present.) (Representative Dukes now present.) Representative Turner moved the adoption of the following Criminal Justice Fiscal Changes: Increase funding for the Public Integrity Unit of the Judiciary Section, Comptroller's Department; Increase funding for fuel and for the construction of a district office for the Department of Public Safety; Increase funding for Texas Department of Criminal Justice payments to County Prosecutors; Riders: Add Office of the Attorney General Family Trust Fund Rider as amended; Amend Comptroller of Public Accounts Refunds of Unexpended Balances from Training Entities Rider; Add Appropriation: Actual Innocence Project Rider for the University of Houston, the University of Texas, Texas Tech University and Texas Southern University Law Schools; Technical adjustment to Felony Prosecutors: Expenses Rider for the Judiciary Section, Comptroller's Department; Add Contingency Appropriation for House Bill 1093 Riders for the Texas Department of Criminal Justice and the Department of Aging and Disability Services; Add Texas Department of Criminal Justice Mental Health Services Rider; Add Texas Department of Criminal Justice Harris County Community Corrections Facility Rider; Add Texas Department of Criminal Justice Permian Basin Mental Health Deputy Pilot Program Rider; Add Texas Department of Criminal Justice Inmate Phones Pilot Project Rider as amended; Add Texas Department of Criminal Justice Prison Safety and Efficiency Rider; Add Texas Department of Criminal Justice Annual Supervision Rider; Add Texas Department of Criminal Justice Expansion of Pre-Parole Transfer Beds Rider; Add Commission on Jail Standards Contingency Appropriation for House Bill 2345 Rider; Add Texas Juvenile Probation Commission Special Needs Diversionary Programs Rider; Add Department of Public Safety Texas Rangers Construction Project Rider; Add Department of Public Safety Driver's License Office Rider; Add Texas Youth Commission Utilization of Existing Youth Commission Facilities Rider; FTE Changes: Amend the FTE cap for the Texas Department of Criminal Justice; Increase the FTE cap for the Texas Department of Public Safety; Items for Future Consideration: Texas Department of Criminal Justice Burglary of a Motor Vehicle State Jail Felony Contingency Rider and increased funding for Correctional Managed Health Care. Without objection, the motion was adopted. The chair recognized Representative Chisum to lay out the previously pended recommendations for the Office of Rural Community Affairs. Representative Chisum moved adoption of the Legislative Budget Board recommendations with the following changes: Add new Goal, Outreach and Assistance, and new Strategy, Rural Policy and Research, to the bill pattern; Technical adjustment to change the Method of Finance for Community Affairs Federal Fund No. 127 to the Office of Rural Community Affairs Federal Fund No. 5091; 2 House Committee on Appropriations 3/16/2005 Item for Future Consideration: Restore 5% GR Reduction to Health Care Access Programs and Indirect Administration Strategies. Without objection, the motion was adopted. The chair recognized Representative Chisum to lay out the General Government riders. The chair recognized Representative Luna to lay out the proposed Item for Future Consideration: Desalination Projects for the Texas Water Development Board. Representative Chisum moved the adoption of the following General Government Technical Adjustments: Texas Enterprise Fund Rider 12 in the Trusteed Programs within the Office of the Governor; Capital Budget Rider 2 for the Historical Commission; Performance measure target for the Library & Archives Commission; Riders: Amend Capital Budget Rider for the Building and Procurement Commission; Amend Texas State Cemetery Rider for Building and Procurement Commission; Add Contingent Revenue: General Revenue-Dedicated 911 Service Fee Account No. 5050 Rider for the Commission on State Emergency Communications; Add Contingent Revenue: General Revenue-Dedicated Advisory Commission on Emergency Communications Account No. 5007 Rider for the Commission on State Emergency Communications; Amend Capital Budget Rider for the Library & Archives Commission; Amend Capital Budget Rider for the Commission on Environmental Quality; Amend Capital Budget Rider for the General Land Office and Veterans Land Board; Add Conservation Assistance Grant Funds to Soil and Water Districts Rider for the Soil and Water Conservation Board; Amend Appropriation: Water Assistance Fund Rider for the Water Development Board; Amend Capital Budget Rider for the Texas Workforce Commission; Items for Future Consideration: Contingency Appropriation for House Bill 952 Rider for the Employees Retirement System; Defense Economic Adjustment Assistance Grant Program Rider for the Trusteed Programs within the Office of the Governor; Contingency Appropriation for House Bill 3112: Network Security Services Rider for the Department of Information Resources; Contingency Appropriation for House Bill 661 Rider for the Library & Archives Commission; Contingency Appropriation for Bovine Brucellosis First Point Testing Rider for the Animal Health Commission; Contingency Appropriation for House Bill 1563: Vehicle Inspections for Hazardous Waste at Border Crossings Rider for the Commission on Environmental Quality; Additional Appropriation for Coastal Erosion Rider for the General Land Office; Contingency Appropriation for House Bill 1292 Rider for the Parks and Wildlife Department; Appropriation: Collin County Dam Rehabilitation Funding Rider for the Soil and Water Conservation Board; Desalination Projects for the Water Development Board; Contingency Appropriation Rider for the Texas Workforce Commission; Contingency Appropriation of unexpended balances Rider for the Texas Workforce Commission. Without objection, the motion was adopted. 3 House Committee on Appropriations 3/16/2005 The chair recognized Representative Dukes to lay out a proposed rider for the Trusteed Programs Within the Office of the Governor. Representative Chisum moved the adoption of the Capital Access Program Rider for the Trusteed Programs Within the Office of the Governor as an Item for Future Consideration. Without objection, the motion was adopted. The chair recognized Representative Chisum to lay out a proposed rider for the Employees Retirement System. Representative Chisum moved the adoption of the Federal Funds for Medicare Part D Prescription Drug Program Rider for the Employees Retirement System into the bill pattern. Without objection, the motion was adopted. The chair recognized Representative Chisum to lay out a proposed rider amendment for the Trusteed Programs Within the Office of the Governor. Representative Chisum moved the adoption of the Unexpended Balances Between Biennia Rider Amendment for the Trusteed Programs Within the Office of the Governor. Without objection, the motion was adopted. The chair recognized Representative Chisum to lay out proposed funding and a rider for the Commission on the Arts. Representative Luna moved the adoption of the Commission on the Arts Texas Cultural Endowment Fund Interest Earnings Rider to the Items for Future Consideration. Without objection, the motion was adopted. The chair recognized Representative Chisum to lay out proposed appropriation reductions and a contingency rider appropriation for Senate Bill 1177 for the Trusteed Programs Within the Office of the Governor. Representative Chisum moved the adoption of the appropriation reductions and contingency rider to the Items for Future Consideration. Without objection, the motion was adopted. The chair recognized Representative Kolkhorst to lay out the Education Riders. The chair pended the following Items for Future Consideration: General Academic Institutions: Small Institution Supplement, Phasing out the loss of small-school supplement and Maintenance of Current Services GR Level for Non-Formula Items; Health Related Institutions: Maintenance of Current Services GR Level for Non-Formula Items and for Infrastructure Support and Research Formulas; University of Texas Medical Branch at Galveston: Contingency Appropriation for HB 1031. The chair moved the following Items for Future Consideration into the bill pattern: OCR Priority Plan Reporting 4 House Committee on Appropriations 3/16/2005 Requirements for Texas Southern University and Prairie View A&M University. Representative Kolkhorst moved the adoption of the following Education riders: Amend Special Project Funding Rider for the University of Texas M.D. Anderson Cancer Center; Add Best Business Practices Rider for the University of Texas M.D. Anderson Cancer Center; Add Reporting by Higher Education Coordinating Board Rider; Add Proposed Contingency Rider: State of Texas Advanced Resource Recovery Program for the University of Texas at Austin; Add Planning and Engineering Rider for the University of Texas at El Paso; Add Center for Values in Medicine and Technology Rider for the University of Texas at Dallas; Amend OCR Priority Plan Reporting Requirements for Texas Southern University and for Prairie View A&M University; Items for Future Consideration: Contingency Appropriation for House Bill 1512 for the University of Texas at Austin; State Funding for Faculty Costs of Graduate Medical Education; Proposed Funding Texas A&M University Health Science Center; Support of Students and Resident Training Programs University of Texas Medical Branch at Galveston; Rural Technology Center - South Texas College; Center for Mexican American Studies - University of Texas at Arlington; Start Up Funds: Electric, Civil and Environmental Engineering for West Texas A&M University; Mission Specific Support for Texas A&M University at Galveston; Appropriation: Regional Academic Health Center as amended for the University of Texas Health Science Center San Antonio; Law School Repayment Program of the Texas Higher Education Coordinating Board; Expansion of Health Program for University of Texas El Paso; Appropriation for Expansion of Public Health Program in El Paso; Brazos Family Medicine Residency; Maintenance of GR and Support of Academic Programs for the University of Texas Health Center at Tyler; Biotechnology Research Programs at University of Texas M.D. Anderson Cancer Center; Poultry Diagnostic Laboratory for the Texas Veterinary Medical Laboratory; New Campus Funding for Blinn College; Appropriation for Natural Science and Engineering Building at the University of Texas at Dallas; Special Provisions Instruction and Operations Support Formula; Restoration of Baseline Funding on University of Texas M.D. Anderson Cancer Center GR; Loss of Small School Supplement at the University of Texas at Tyler; Texas Higher Education Coordinating Board Appropriation for Resident Stipends; University of Texas Medical Branch at Galveston Homeland Defense and Bioterrorism Countermeasure Development; University of Texas Southwestern Collaborative Center for Sickle Cell Disease; University of Texas Southwestern Imaging Center Operating Costs; University of Texas at Dallas Reimbursement for Natural Science and Engineering Building; Texas A&M Kingsville Irma Rangel College of Pharmacy; Texas Agricultural Experiment Station Irrigation Technology Center; Texas Engineering Experiment Station Training Facility Study; Community Colleges Benefits Proportional by Fund; Special Provisions Scope of Practice; Health Related Institutions Support for Growth in Patient Care Missions; 5 House Committee on Appropriations 3/16/2005 Community Colleges New Campus Funding; Special Provisions Contingent Appropriations for Small Business Development Centers. Representative Berman moved to amend Representative Kolkhorst's motion to reflect the name of the University of Texas Health Center at Tyler in that agency's Item for Future Consideration: Maintenance of GR and Support of Academic Programs. Without objection, the motion was adopted. The chair recognized Representative Kolkhorst to lay out a funding proposal for Texas A&M University related to the faculty reinvestment special item. Representative Kolkhorst moved the adoption of the Texas A&M University funding proposal to adjust faculty reinvestment totals to the Items for Future Consideration. Without objection, the motion was adopted. Representative Luna moved to reconsider Representative Kolkhorst's motion. Without objection, the motion was adopted. The chair recognized Representatives Kolkhorst and Fred Brown to further explain the funding proposal. Representative Fred Brown moved to restore the Texas A&M University faculty reinvestment special item to the Items for Future Consideration. Without objection, the motion was adopted. Representative Fred Brown moved to adopt the additional funding proposal to adjust faculty reinvestment totals as previously laid out. The chair objected to the motion. Representative Fred Brown withdrew the motion to add additional funding for the Texas A&M University faculty reinvestment special item. The chair recognized Representative Kolkhorst to lay out recommendations for the Texas Engineering Extension Service, the Texas Engineering Experiment Station, the Texas Transportation Institute; the Texas A&M University System, the University of Texas at El Paso and the University of Texas at Arlington. Representative Fred Brown moved the adoption of the following recommendations in Items for Future Consideration: Increase funding for Texas Engineering Extension Service Regional Swift Water Strike Team Cache; Increase funding for Texas Engineering Experiment Station Molecular Diagnostics via Nanobiotechnologies; Increase funding for Texas Transportation Institute Summer Transportation Institute; Restore scholarship funding for the Texas A&M University System; Increase funding and add Contingency for Senate Bill 95 Rider for the University of Texas at El Paso Asthma Research Center; Add Sustainable Water Supply Research Center Rider for the University of Texas at Arlington. Without objection, the motion was adopted. Under Rule 4, Section 23A, Chairman Pitts recognized 6 House Committee on Appropriations 3/16/2005 Representative Eiland to provide information to the committee. The chair recognized Representative Turner to lay out a proposed rider for Houston Community College. Representative Turner moved the adoption of the Public Safety Institute campus at Houston Community College Rider into Items for Future Consideration. Without objection, the motion was adopted. The chair recognized Representative Hopson to lay out a funding proposal and rider for the University of Texas Medical Branch at Galveston. Representative Hopson moved the adoption of the Regional Emergency Medical Dispatch Resource Center Pilot Program Rider and Funding Transfer. Without objection, the motion was adopted. Representative Luna moved to reconsider the State Funding for Faculty Costs of Graduate Medical Education Rider. Without objection, the motion was adopted. Representative Branch moved the adoption of the State Funding for Faculty Costs of Graduate Medical Education Rider as amended. Without objection, the motion was adopted. At 9:56 a.m., on the motion of the chair and without objection, the meeting was adjourned until 7:00 a.m., March 17, 2005. ________________________ Rep. Pitts, Chair ________________________ Cristina Self, Clerk 7