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