MINUTES SENATE COMMITTEE ON FINANCE Friday, May 6, 2005 10:00 a.m. or 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 Friday, May 6, 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 1:20 p.m. The following business was transacted: The roll was called. At 1:21 p.m. Senator Zaffirini assumed the chair. A quorum was established. The chair laid out HB 3 and the proposed committee substitute, both which had been left pending at a previous hearing. The chair laid out SJR 38 and the proposed committee substitute, both which had been left pending at a previous hearing. Senator Staples sent up Committee Amendment 79. Senator Staples moved that the Amendment be withdrawn; without objection, it was so ordered. Senator Shapleigh sent up Committee Amendment 80. Senator Shapleigh moved that the Amendment be left pending; without objection, it was so ordered. Senator Janek sent up Committee Amendment 81. Senator Janek moved that the Amendment be left pending; without objection, it was so ordered. Senator Williams sent up Committee Amendment 75. Senator Williams moved that the Amendment be withdrawn; without objection, it was so ordered. Senator Williams sent up Committee Amendment 76. Senator Williams moved that the Amendment be left pending; without objection, it was so ordered. Senator Williams sent up Committee Amendment 77 and moved adoption. The motion carried with a record vote of 13 ayes, 2 nays, 0 present not voting, and 0 absent. Senator Williams sent up Committee Amendment 78. Senator Williams moved that the Amendment be left pending; without objection, it was so ordered. Senator Ogden sent up Committee Amendment 1A and moved adoption. The motion carried with a record vote of 15 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Ogden sent up Committee Amendment 1B and moved adoption. The motion failed by a record vote of 7 ayes, 8 nays, 0 present not voting, and 0 absent. Senator Zaffirini moved to reconsider the vote on Committee Amendment 1B; without objection, it was so ordered. Senator Ogden sent up Committee Amendment 1B and moved adoption. The motion carried with a record vote of 8 ayes, 7 nays, 0 present not voting, and 0 absent. Senator Ogden sent up Committee Amendment 1C and moved adoption. The motion carried with a record vote of 14 ayes, 0 nay, 1 present not voting, and 0 absent. Senator Ogden sent up Committee Amendment 1D and moved adoption. The motion carried with a record vote of 15 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Ogden sent up Committee Amendment 85 and moved adoption. The motion carried with a record vote of 11 ayes, 2 nays, 2 present not voting, and 0 absent. Senator Ogden sent up Committee Amendment 1E and moved adoption. The motion carried with a record vote of 15 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Zaffirini requested unanimous consent to be shown voting aye on Committee Amendment 2, which had been adopted at a previous hearing; without objection, it was so ordered. Senator Ogden requested unanimous consent to roll the amendments to HB 3 into the proposed committee substitute; without objection, it was so ordered. Senator Ogden then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Ogden moved that HB 3 do not pass but that CSHB 3 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 11 ayes, 4 nays, 0 present not voting, and 0 absent. Senator Ogden requested unanimous consent to roll the amendments to SJR 38 into the proposed committee substitute; without objection, it was so ordered. Senator Ogden then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Ogden moved that SJR 38 do not pass but that CSSJR 38 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 11 ayes, 4 nays, 0 present not voting, and 0 absent. At 2:53 p.m. Senator Ogden resumed the chair. There being no further business, at 2:54 p.m. Senator Ogden moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. _____________________________ Senator Steve Ogden, Chair _____________________________ Amy Jeter, Clerk