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         moved that the Amendment be withdrawn; without objection, it was  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