MINUTES 
                                           
                            SENATE COMMITTEE ON FINANCE 
                              Wednesday, March 9, 2005 
                     11:00 a.m. or 45 minutes upon adjournment 
                           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 Wednesday, March 9, 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 2:09 p.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. 
          
         Senator Williams moved to adopt the LBB recommendations for the  
         Office of the Governor, Trusteed Programs.  Without objection,  
         it was so ordered. 
          
         Senator Staples moved to adopt the rider on page 1 of a  
         supplemental rider packet, regarding the Texas Enterprise Fund.   
  
         Without objection, it was so ordered. 
          
         Senator Staples moved to adopt the rider on page 2 of a  
         supplemental rider packet, regarding the Trusteed Programs  
         within the Office of the Governor, Texas Enterprise Fund.   
         Without objection, it was so ordered. 
          
         Senator Staples moved to adopt the rider on page 3 of a  
         supplemental rider packet, regarding the Workforce Commission.   
         Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider distributed to  
         Committee members during the hearing regarding a technical  
         adjustment for Article VIII FTE caps.  Without objection, it was  
         so ordered. 
          
         Senator Williams moved to adopt the rider on page 4 of a  
         supplemental rider packet, regarding Limitation on State  
         Employment Levels.  Without objection, it was so ordered. 
          
         Senator Whitmire moved to adopt the riders on pages 5-11 of a  
         supplemental rider packet, regarding the Schedule C  
         Classification Salary Schedule, Pay Raises and Stipends.   
         Without objection, it was so ordered. 
          
         Senator Staples moved to add non-geographic language to Water  
         Development Board - EDAP Projects.  Senator Staples withdrew the  
         motion.  Without objection, it was so ordered. 
          
         Senator Staples moved to amend Article XI by adding the Texas  
         Forest Service, UB Authority as a priority.  Senator Staples  
         moved to pend the motion; without objection, it was so ordered. 
          
         Senator Nelson moved to amend Article XI by adopting the rider  
         on page 34 of the riders packet, regarding the Higher Education  
         Coordinating Board, Nursing Faculty Assistance Grants as a  
         priority.  There was an objection.  There was a roll call vote.   
         The motion carried with a record vote of 10 ayes, 5 nays, 0  
         present not voting, and 1 absent.   
          
         Senator Ogden moved to adjust the Article XI cap to $750  
         million.  There was a roll call vote.  The motion carried with a  
         record vote of 15 ayes, 0 nays, 0 present not voting, and 0  
         absent. 
          
         Senator Shapleigh moved to amend Article XI by adding the  
         extension of CHIP eligibility to 12 months as a priority.  There  
         was an objection.  There was a roll call vote.  The motion  
         failed with a record vote of 7 ayes, 8 nays, 0 present not  
         voting, and 0 absent.   
          
         Senator Staples moved to amend Article XI by adding the Texas  
         Forest Service, UB Authority as a priority, which had been  
         pended earlier in the hearing.  Without objection, it was so  
         ordered. 
          
         Senator Janek moved to amend Article XI by adopting the rider on  
         page 61 of the riders packet, regarding the University of Texas  
         Medical Branch at Galveston as a priority.  Senator Janek  
         withdrew the motion.  Without objection, it was so ordered. 
          
         Senator West moved to amend Article XI by adopting a rider on  
         page 35 of the riders packet, regarding the Joint Admission  
         Medical Program as a priority.  Senator West withdrew the  
         motion.  Without objection, it was so ordered. 
          
         Senator Ogden moved to adopt the recommendations for Article XI,  
         as amended.  There was a roll call vote.  The motion carried  
         with a record vote of 13 ayes, 0 nays, 0 present not voting, and  
         2 absent.   
          
         Senator Staples moved to adopt the rider on page 8 of the riders  
         packet, regarding the Texas Historical Commission.  Without  
         objection, it was so ordered. 
          
         Senator Barrientos moved to adopt the rider on page 1 of the  
         riders packet, regarding the Trusteed Programs within the Office  
         of the Governor, Capital Access Program.  There was an  
         objection.  There was a roll call vote.  The motion carried with  
         a record vote of 12 ayes, 2 nays, 0 present not voting, and 1  
         absent. 
          
         Senator West moved to adopt the rider on page 9 of the riders  
         packet, regarding Historically Underutilized Business  
         Enforcement and Audits.  Without objection, it was so ordered. 
          
         There being no other Article I riders brought up for  
         consideration, Senator Ogden moved that Article I be closed.   
         Without objection, it was so ordered. 
          
         Senator Barrientos moved to adopt the rider on page 31 of the  
         riders packet, regarding the Texas Education Agency, Communities  
         in Schools.  Without objection, it was so ordered. 
          
         Senator Shapiro moved to adopt the rider on page 50 of the  
         riders packet, regarding Reimbursement of UT System for Natural  
         Sciences and Engineering Building.  Senator Shapiro withdrew the  
         motion.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 46 of the riders  
         packet, regarding Texas Tech University, Hill Country  
         Educational Network.  Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider on page 33 of the  
         riders packet, regarding the Texas Education Agency, Recordings  
         for the Blind and Dyslexic.  Without objection, it was so  
         ordered. 
          
         Senator West moved to adopt an amended rider distributed to the  
         Committee members at the hearing, regarding The University of  
         Texas Southwestern Medical Center Dallas.  There was a roll call  
         vote.  The motion carried with a record vote of 13 ayes, 0 nays,  
  
         0 present not voting, and 2 absent.   
          
         Senator Nelson moved to adopt the rider on page 62 of the riders  
         packet, regarding the University of North Texas Health Science  
         Center at Fort Worth.  There was an objection.  There was a roll  
         call vote.  The motion failed with a record vote of 7 ayes, 7  
         nays, 0 present not voting, and 1 absent. 
          
         Senator Staples moved to adopt a revised rider on page 48 of the  
         riders packet, regarding the University of Texas at Tyler.   
         Senator Staples withdrew the motion.  Without objection, it was  
         so ordered. 
          
         Senator Staples moved to adopt the rider on page 30 of the  
         riders packet, regarding the Texas Education Agency.  Senator  
         Staples withdrew the motion.  Without objection, it was so  
         ordered. 
          
         Senator Williams moved to adopt the rider on page 52 of the  
         riders packet, regarding an appropriation reduced for tuition  
         set above a certain rate.  There was objection.  There was a  
         roll call vote.  The motion carried with a record vote of 10  
         ayes, 5 nays, 0 present not voting, and 0 absent. 
          
         At 3:54 p.m. Senator Zaffirini assumed the chair.   
          
         At 3:58 p.m. Senator Ogden resumed the chair.   
          
         Senator Duncan moved to adopt the rider on page 37 of the riders  
         document, regarding the Higher Education Coordinating Board.   
         Senator Duncan withdrew the motion.  Without objection, it was  
         so ordered. 
          
         Senator Duncan moved to adopt a rider distributed to the  
         Committee members during the hearing, regarding Ranger College.   
         Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt a rider distributed to the  
         Committee members during the hearing, regarding Baylor College  
         of Medicine.  Without objection, it was so ordered. 
          
         There being no other Article III riders brought up for  
         consideration, Senator Ogden moved that Article III be closed.   
         Without objection, it was so ordered. 
          
         Senator Barrientos moved to adopt the rider on page 67 of the  
         riders packet, regarding the Office of Court Administration.   
         Without objection, it was so ordered. 
          
         There being no other Article IV riders brought up for  
         consideration, Senator Ogden moved that Article IV be closed.   
         Without objection, it was so ordered. 
          
         Senator Averitt moved to adopt the rider on page 68 of the  
  
         riders packet, regarding the Department of Criminal Justice.   
         Without objection, it was so ordered. 
          
         There being no other Article V riders brought up for  
         consideration, Senator Ogden moved that Article V be closed.   
         Without objection, it was so ordered. 
          
         There being no Article VI riders brought up for consideration,  
         Senator Ogden moved that Article VI be closed.  Without  
         objection, it was so ordered. 
          
         Senator Staples moved to adopt the rider on page 89 of the  
         riders packet, regarding the Department of Transportation.   
         Senator Staples withdrew the motion.  Without objection, it was  
         so ordered. 
          
         There being no other Article VII riders brought up for  
         consideration, Senator Ogden moved that Article VII be closed.   
         Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider on page 95 of the  
         riders packet, regarding the Department of Licensing and  
         Regulation.  Without objection, it was so ordered. 
          
         There being no other Article VIII riders brought up for  
         consideration, Senator Ogden moved that Article VIII be closed.   
         Without objection, it was so ordered. 
          
         Senator Whitmire moved to adopt the rider on page 10 of the  
         riders packet, regarding the Department of Family and Protective  
         Services.  Without objection, it was so ordered. 
          
         Senator Shapleigh moved to adopt the rider on page 14 of the  
         riders packet, regarding the Health and Human Services  
         Commission.  Without objection, it was so ordered. 
          
         Senator Duncan moved to adopt the rider on page 21 of the riders  
         packet, regarding the Health and Human Services Commission.   
         Without objection, it was so ordered. 
          
         At 5:45 p.m. Senator Zaffirini assumed the chair.   
          
         Senator Duncan moved to adopt the rider on page 22 of the riders  
         packet, regarding the Department of State Health Services.   
         Without objection, it was so ordered. 
          
         At 5:50 p.m. Senator Ogden resumed the chair.   
          
         Senator Averitt moved to amend Article XI by adopting the rider  
         on page 20 of the riders packet, regarding the Health and Human  
         Services Commission, Contingency Appropriation for CHIP as a  
         priority.  Senator Averitt withdrew the motion.  Without  
         objection, it was so ordered. 
  
         Senator Deuell moved to adopt the rider on pages 28 and 29 of  
         the riders packet, regarding the Department of State Health  
         Services.  Without objection, it was so ordered. 
          
         Senator Deuell moved to adopt the rider on page 29a of the  
         riders packet, regarding Family Planning Services at Federally  
         Qualified Health Centers.  Without objection, it was so ordered. 
          
         Senator Deuell moved to adopt the rider on page 29b of the  
         riders packet, regarding the Department of State Health  
         Services, J-1 Visa Waiver, which had been left pending at a  
         previous hearing.  Senator Deuell temporarily withdrew the  
         motion.  Without objection, it was so ordered. 
          
         Senator Williams moved to adopt the rider on pages 25 and 26 of  
         the riders packet, regarding the Health and Human Services  
         Commission, Alternatives to Abortion.  There was an objection.   
         There was a roll call vote.  The motion carried with a record  
         vote of 9 ayes, 4 nays, 0 present not voting, and 2 absent.   
         Senator Whitmire requested unanimous consent to be shown voting  
         nay; without objection, it was so ordered. 
          
         Senator Deuell moved to adopt the rider of page 15 of the riders  
         packet, regarding the Regional Emergency Medical Dispatch  
         Resource Center Pilot Program.  Without objection, it was so  
         ordered. 
          
         Senator Deuell moved to adopt the rider on page 16 of the riders  
         packet, regarding Air Ambulance Services.  Senator Deuell  
         withdrew the motion.  Without objection, it was so ordered. 
          
         Senator Janek moved to adopt the rider on page 24 of the riders  
         packet, regarding the Department of State Health Services.   
         Senator Janek withdrew the motion.  Without objection, it was so  
         ordered. 
          
         Senator Deuell moved to adopt the rider on page 29b of the  
         riders packet, regarding the Department of State Health  
         Services, J-1 Visa Waiver, which had been pended earlier in the  
         hearing.  Without objection, it was so ordered. 
          
         Senator Zaffirini moved to reconsider the vote by which the  
         workgroup recommendations for Article II had been adopted on  
         March 8, 2005.  Without objection, it was so ordered. 
          
         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 12 ayes, 2 nays, 0 present not voting, and  
         1 absent.  Senator Whitmire requested unanimous consent to be  
         shown voting aye.  Without objection, it was so ordered. 
          
         Senator Williams moved to reconsider the vote to amend Article  
         XI by adding the extension of CHIP eligibility to 12 months as a  
         priority.  There was an objection.  There was a roll call vote.  
         The motion carried with a record vote of 9 ayes, 4 nays, 0  
  
         present not voting, and 2 absent. 
          
         Senator Averitt moved to amend Article XI by adding the  
         extension of CHIP eligibility to 12 months as a priority.  There  
         was an objection.  There was a roll call vote.  The motion  
         carried with a record vote of 9 ayes, 4 nays, 0 present not  
         voting, and 2 absent. 
          
         Senator Deuell moved to adopt a technical correction to the  
         rider on page 29a, regarding Family Planning Services at  
         Federally Qualified Health Centers.  Without objection, it was  
         so ordered. 
          
         There being no other Article II riders brought up for  
         consideration, Senator Ogden moved that Article II be closed.   
         Without objection, it was so ordered. 
          
         There being no other Article XI recommendations brought up for  
         consideration, Senator Ogden moved that Article XI be closed.   
         Without objection, it was so ordered. 
          
         Senator Ogden moved that SB 1 be left pending; without  
         objection, it was so ordered. 
          
         There being no further business, at 6:20 p.m. Senator Ogden  
         moved that the Committee stand recessed until 9:05 the following  
         morning, March 10, 2005.  Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Steve Ogden, Chair 
          
         _____________________________ 
         Amy Jeter, Clerk