MINUTES SENATE COMMITTEE ON FINANCE Thursday, May 12, 2005 12:30 p.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 Thursday, May 12, 2005, in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Steve Ogden Senator Robert Duncan Senator Judith Zaffirini Senator Kip Averitt Senator Gonzalo Barrientos Senator Kim Brimer Senator Bob Deuell 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 4:34 p.m. There being a quorum present, the following business was transacted: The posting rule, Senate Rule 11.18, was suspended to hear the following bill(s): SB 222. The chair laid out SB 222, which had been left pending at a previous hearing, and recognized the author, Senator Zaffirini, to explain the bill. Senator Zaffirini sent up a committee substitute; the chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Ogden moved that the bill be left pending until a time certain vote; without objection, it was so ordered. The chair laid out HB 3016 and recognized the Senate sponsor, Senator Staples, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Ogden moved that the bill be left pending until a time certain vote; without objection, it was so ordered. Senator Nelson assumed the chair. The chair laid out SB 1863 and recognized the author, Senator Ogden, to explain the bill. Senator Ogden sent up a committee substitute; the chair recognized Senator Ogden to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Ogden sent up Committee Amendment 1, in the absence of the author. Senator Williams sent up Committee Amendment 2. Senator Ogden sent up Committee Amendment 3. Senator Nelson moved that the bill be left pending until a time certain vote; without objection, it was so ordered. Senator Ogden resumed the chair. The chair laid out SB 1325 and the proposed committee substitute, both which had been left pending at a previous hearing. Senator Staples sent up Committee Amendment 1 and moved adoption. There was an objection. The motion carried with a record vote of 12 ayes, 1 nay, 0 present not voting, and 2 absent. Senator Whitmire assumed the chair. Senator Ogden sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Ogden resumed the chair. Senator Ogden requested unanimous consent to roll the amendments into the 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 Staples moved that SB 1325 do not pass but that CSSB 1325 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 13 ayes, 0 nay, 0 present not voting, and 2 absent. Senator Barrientos requested unanimous consent to be shown voting aye; without objection, it was so ordered. The chair laid out SB 222, which had been left pending earlier in the hearing. Senator Zaffirini moved that the committee substitute sent up earlier in the hearing be adopted; without objection, it was so ordered. Senator Zaffirini moved that SB 222 do not pass but that CSSB 222 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 13 ayes, 1 nay, 0 present not voting, and 1 absent. Senator Barrientos requested unanimous consent to be shown voting aye; without objection, it was so ordered. Senator Zaffirini assumed the chair. The chair laid out SB 1863 and the proposed committee substitute, both which had been left pending earlier in the hearing. Senator Williams moved adoption of Committee Amendment 2, which had been sent up earlier in the hearing; without objection, it was so ordered. Senator Janek moved adoption of Committee Amendment 1, which had been sent up earlier in the hearing; without objection, it was so ordered. Senator Shapleigh sent up Committee Amendment 4 and moved adoption. The motion carried with a record vote of 9 ayes, 4 nays, 0 present not voting, and 2 absent. Senator Ogden moved adoption of Committee Amendment 3, which had been sent up earlier in the hearing; without objection, it was so ordered. Senator Ogden requested unanimous consent to roll the amendments into the 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 SB 1863 do not pass but that CSSB 1863 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 5 nays, 0 present not voting, and 1 absent. Senator Barrientos requested unanimous consent to be shown voting nay; without objection, it was so ordered. Senator Ogden resumed the chair. The chair laid out HB 3016, which had been left pending earlier in the hearing. Senator Staples moved that HB 3016 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 3 nays, 0 present not voting, and 3 absent. Senator Barrientos requested unanimous consent to be shown voting nay; without objection, it was so ordered. There being no further business, at 6:08 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