MINUTES 
                                           
                            SENATE COMMITTEE ON FINANCE 
                               Tuesday, March 8, 2005 
                                     9:00 a.m. 
                           Capitol Extension, Room E1.036 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Finance was  
         held on Tuesday, March 8, 2005, in the Capitol Extension, Room  
         E1.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Steve Ogden                     None 
         Senator Judith Zaffirini                 
         Senator Kip Averitt 
         Senator Gonzalo Barrientos 
         Senator Kim Brimer 
         Senator Bob Deuell 
         Senator Robert Duncan 
         Senator Kyle Janek 
         Senator Jane Nelson 
         Senator Florence Shapiro 
         Senator Eliot Shapleigh 
         Senator Todd Staples 
         Senator Royce West 
         Senator John Whitmire 
         Senator Tommy Williams 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:21 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1, the General Appropriations Bill, which  
         had been left pending at a previous hearing.  Witnesses  
         registering and testifying on the bill are shown on the attached  
         list. 
          
         The chair recognized Senator Duncan to lay out the workgroup  
         recommendations and riders for Article III. 
          
         Senator Duncan moved to adopt pages 1-4 of the workgroup  
         recommendations on Article III - Public Education, regarding the  
         Texas Education Agency and the State Board for Educator  
         Certification.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the riders on pages 1-3 of the  
         Article III riders document, regarding the Texas Education  
  
         Agency.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the riders on pages 5-11 of the  
         Article III riders document, regarding the Higher Education  
         Coordinating Board.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 12 of the  
         Article III riders document, regarding the Higher Education  
         Coordinating Board.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 13 of the  
         Article III riders document, regarding Special Provisions  
         Relating Only to State Agencies of Higher Education.  Without  
         objection, it was so ordered. 
          
         Senator Duncan moved to adopt pages 5 and 6 of the workgroup  
         recommendations on Article III - Higher Education, regarding the  
         Higher Education Coordinating Board.  Without objection, it was  
         so ordered. 
          
         Senator Duncan moved to adopt page 14 of the workgroup  
         recommendations on Article III - Higher Education, regarding  
         General Academic Institutions.  Without objection, it was so  
         ordered. 
          
         Senator Duncan moved to adopt page 17 of the workgroup  
         recommendations on Article III - Higher Education, regarding  
         Health-Related Institutions.  Without objection, it was so  
         ordered. 
          
         Senator Duncan moved to adopt the rider on page 22 of the  
         Article III riders document, regarding the U.T. M.D. Anderson  
         Cancer Center.  Without objection, it was so ordered. 
          
         Senator Duncan moved to pend the rider on page 23 of the Article  
         III riders document, regarding the U.T. M.D. Anderson Cancer  
         Center.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt pages 21 and 22 of the workgroup  
         recommendations on Article III - Higher Education, regarding  
         Public Community Colleges.  Without objection, it was so  
         ordered. 
          
         Senator Duncan moved to adopt the rider on page 14 of the  
         Article III riders document, regarding the University of Texas  
         System.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 15 of the  
         Article III riders document, regarding the Texas A&M University  
         at Galveston.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the riders on pages 16 and 17 of  
         the Article III riders document, regarding Prairie View A&M  
         University and Texas Southern University, respectively.  Without  
         objection, it was so ordered. 
  
         Senator Duncan moved to adopt the riders on pages 18-20 of the  
         Article III riders document, regarding State Funding for Office  
         of Civil Rights Priority Plan, and Texas Southern University,  
         respectively.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt page 23 of the workgroup  
         recommendations on Article III - Higher Education, regarding  
         Texas State Technical Colleges.  Without objection, it was so  
         ordered. 
          
         Senator Duncan moved to adopt pages 24-27 of the workgroup  
         recommendations on Article III - Higher Education, regarding  
         Service Agencies.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 24 of the  
         Article III riders document, regarding the Texas A&M University  
         System.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 25 of the  
         Article III riders document, regarding Funds for Geographic  
         Information System Mapping Projects.  Without objection, it was  
         so ordered. 
          
         At 10:24 a.m. Senator Ogden moved that the Committee stand  
         recessed for 5 minutes; without objection, it was so ordered. 
          
         The Committee reconvened at 10:39 a.m. 
          
         At 10:40 a.m. Senator Ogden moved that the Committee stand  
         recessed until 45 minutes after adjournment of the Senate;  
         without objection, it was so ordered. 
          
         The Committee reconvened at 1:38 p.m. 
          
         The Committee stood at ease. 
          
         The Committee resumed business at 1:43 p.m. 
          
         The chair recognized Senator Whitmire to lay out the workgroup  
         recommendations and riders regarding the Schedule C Pay Raise.   
         Senator Whitmire moved to adopt the recommendations and riders  
         regarding the Schedule C Pay Raise.  There was a roll call vote.   
         The motion carried with a record vote of 10 ayes, 0 nays, 0  
         present not voting, and 5 absent. 
          
         At 2:13 p.m. Senator Ogden moved that the Committee stand  
         recessed for 5 minutes; without objection, it was so ordered. 
          
         The Committee reconvened at 2:37 p.m. 
          
         Senator Williams moved to adopt the rider distributed to  
         Committee members during the hearing, regarding the Public  
         Utility Commission.  There was an objection.  There was a roll  
         call vote.  The motion carried with a record vote of 9 ayes, 5  
  
         nays, 0 present not voting, and 1 absent. 
          
         Senator Williams moved to adopt the rider distributed to  
         Committee members during the hearing, regarding the Alcoholic  
         Beverage Commission, as amended.  Without objection, it was so  
         ordered. 
          
         Senator Williams moved to adopt the rider distributed to  
         Committee members during the hearing, regarding the Railroad  
         Commission.  Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider distributed to  
         Committee members during the hearing, regarding the Department  
         of Transportation, Classification of Certain Department of  
         Transportation Positions.  Senator Ogden moved that the rider be  
         pended; without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider distributed to  
         Committee members during the hearing, regarding the Contingency  
         for Model Fines Court Collections Program.  Without objection,  
         it was so ordered. 
          
         Senator Williams laid out the rider distributed to Committee  
         members during the hearing, regarding the Comptroller's  
         Department, Judiciary Section.  Senator Ogden moved that the  
         rider regarding the Comptroller's Department, Judiciary Section  
         be adopted; without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider distributed to Committee  
         members during the hearing, regarding Supplemental Non-formula  
         Funding for Institutions of Higher Education.  Without  
         objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider distributed to Committee  
         members during the hearing, regarding a Student Financial Aid  
         Program.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider distributed to Committee  
         members during the hearing, regarding Article III Special  
         Provisions.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 23 of the  
         Article III rider document, regarding U.T. M.D. Anderson Cancer  
         Center, which had been left pending earlier in the hearing.   
         Without objection, it was so ordered. 
          
         Senator Averitt moved to adopt a workgroup recommendation  
         regarding a method of finance change relating to the issuance of  
         debt service on bonds for brush control.  Without objection, it  
         was so ordered. 
          
         Senator Averitt moved to adopt a rider distributed to Committee  
         members during the hearing, regarding the Water Development  
         Board, Agricultural Water Conservation Account.  Without  
         objection, it was so ordered. 
  
         Senator Averitt moved to adopt a rider distributed to Committee  
         members during the hearing, regarding the  Parks and Wildlife  
         Department.  Without objection, it was so ordered. 
          
         Senator Averitt moved to adopt a rider distributed to Committee  
         members during the hearing, regarding the Animal Health  
         Commission.  Without objection, it was so ordered. 
          
         Senator Averitt moved to adopt a rider distributed to Committee  
         members during the hearing, regarding the Water Development  
         Board, Interstate Reservoir Study.  Without objection, it was so  
         ordered. 
          
         Senator Staples moved to adopt a rider distributed to Committee  
         members during the hearing, regarding the Department of  
         Transportation, Clarify Short-term Borrowing Authority.  Senator  
         Ogden moved to pend the rider regarding the Department of  
         Transportation, Clarify Short-term Borrowing Authority; without  
         objection, it was so ordered. 
          
         Senator Staples moved to adopt a rider distributed to Committee  
         members during the hearing, regarding the Department of  
         Transportation, Travel Information Centers.  Without objection,  
         it was so ordered. 
          
         Senator Staples moved to adopt a rider distributed to Committee  
         members during the hearing, regarding the Lottery Commission.   
         Senator Ogden moved to pend the rider regarding the Lottery  
         Commission; without objection, it was so ordered. 
          
         Senator Averitt moved to adopt a workgroup recommendation to  
         increase funding for the Soil and Water Conservation Commission  
         regarding brush control.  Senator Ogden moved to pend the  
         recommendation; without objection, it was so ordered. 
          
         Senator Staples moved to adopt a workgroup recommendation to  
         raise the salary cap for the Executive Director of the  
         Department of Transportation.  Without objection, it was so  
         ordered. 
          
         The chair recognized Senator Zaffirini to lay out the workgroup  
         recommendations and riders for Article II. 
          
         Senator Zaffirini moved to adopt the workgroup recommendations  
         for Article II.  There was a roll call vote.  The motion carried  
         with a record vote of 11 ayes, 3 nays, and 1 absent.  Senator  
         Averitt, Senator Barrientos, and Senator Staples requested  
         unanimous consent to be shown voting aye, and Senator West and  
         Senator Shapleigh requested unanimous consent to be shown voting  
         nay; without objection, it was so ordered.   
          
         Senator Zaffirini moved to adopt the rider on page 1 of the  
         Article II riders document, regarding the Department of Aging  
         and Disability Services, Cost Comparison Report,  Without  
  
         objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 2 of the  
         Article II riders document, regarding the Department of Aging  
         and Disability Services, Additional PACE Sites.  Without  
         objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 3 of the  
         Article II riders document, regarding Promoting Community  
         Services for Children. Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 4 of the  
         Article II riders document, regarding the Department of Aging  
         and Disability Services, Dual Diagnosis Pilot.  Without  
         objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 5 of the  
         Article II riders document, regarding the Department of Aging  
         and Disability Services, Contingency Appropriation for SB 6.   
         Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 7 of the  
         Article II riders document, regarding the Department of Family  
         and Protective Services, Regional Funding Methodology.  Without  
         objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 8 of the  
         Article II riders document, regarding the Department of Family  
         and Protective Services, Performance Measure Improvements.   
         Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 9 of the  
         Article II riders document, regarding the Department of Family  
         and Protective Services, At-Risk Youth Prevention Services.   
         Senator Ogden moved to pend the rider regarding the Department  
         of Family and Protective Services, At-Risk Youth Prevention  
         Services. Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 10 of the  
         Article II riders document, regarding the Department of State  
         Health Services, Chronic Diseases.  Without objection, it was so  
         ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 11 of the  
         Article II riders document, regarding the Department of State  
         Health Services, Federal Funds and Capitol Budget Expenditures.   
         Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 12 of the  
         Article II riders document, regarding the Department of State  
         Health Services, Designated Trauma Facility and EMS Account.   
         Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 13 of the  
         Article II riders document, regarding the Department of State  
  
         Health Services, J-1 Visa Waiver Program.  Senator Ogden moved  
         to pend the rider regarding the Department of State Health  
         Services, J-1 Visa Waiver Program. Without objection, it was so  
         ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 14 of the  
         Article II riders document, regarding Special Provisions  
         Relating to Article II.  Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 15 of the  
         Article II riders document, regarding Local Service Area  
         Planning Pilot Project - Harris County.  Without objection, it  
         was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 16 of the  
         Article II riders document, regarding the Department of State  
         Health Services, Mentally Ill Offender Screening.  Senator Ogden  
         moved to pend the rider regarding the Department of State Health  
         Services, Mentally Ill Offender Screening. Without objection, it  
         was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 17 of the  
         Article II riders document, regarding the Health and Human  
         Services Commission, Air Ambulance Services.  Without objection,  
         it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 20 of the  
         Article II riders document, regarding the Health and Human  
         Services Commission, Medicaid Provider Reimbursement.  Without  
         objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 21 of the  
         Article II riders document, regarding the Health and Human  
         Services Commission, Study Regarding Uncompensated Care.   
         Without objection, it was so ordered. 
          
         Senator Zaffirini moved to adopt the rider on page 22 of the  
         Article II riders document, regarding the Health and Human  
         Services Commission, CHIP Outreach and Marketing.  Senator Ogden  
         moved to pend the rider regarding the Health and Human Services  
         Commission, CHIP Outreach and Marketing. Without objection, it  
         was so ordered. 
          
         Senator Ogden moved to adopt a Committee rule regarding riders  
         to the Appropriations Bill, stating that all riders submitted to  
         the Committee from this point forward not increase the amount of  
         total General Revenue Funding to the bill, and if such riders  
         did increase the amount of total General Revenue Funding to the  
         bill, that an off-setting reduction or self-funded measure be  
         included.  There was a roll call vote.  The motion carried with  
         a record vote of 14 ayes, 0 nays, 0 present not voting, and 1  
         absent. 
          
         Senator Ogden moved that SB 1 be left pending; without  
         objection, it was so ordered. 
  
         There being no further business, at 4:45 p.m. Senator Ogden  
         moved that the Committee stand recessed until 45 minutes after  
         adjournment of the Senate the following day, March 9, 2005.   
         Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Steve Ogden, Chair 
          
         _____________________________ 
         Amy Jeter, Clerk