MINUTES 
                                           
                            SENATE COMMITTEE ON FINANCE 
                               Saturday, May 21, 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 Saturday, May 21, 2005, in the Capitol Extension, Room  
         E1.036, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Steve Ogden                     Senator Tommy Williams 
         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 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 3:27 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Zaffirini assumed the chair.   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill: HB 2753. 
          
         The chair laid out HB 2753 and recognized the Senate sponsor,  
         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.  The  
         chair moved that the bill be left pending temporarily; without  
         objection, it was so ordered. 
          
         The roll was called. 
  
         A quorum was established. 
          
         The chair laid out HB 2753, which had been temporarily left  
         pending.  Senator Ogden moved adoption the committee substitute;  
         without objection, it was so ordered.  Senator Ogden moved that  
         HB 2753 do not pass but that CSHB 2753 be reported back to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 8 ayes, 0 nay, 0  
         present not voting, and 7 absent.  Senator Ogden moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 3540, and the proposed committee  
         substitute, both which had been left pending at a previous  
         hearing.  Senator Ogden moved to not accept any additional  
         Committee Amendments that had not yet been turned in; without  
         objection, it was so ordered.  Senator Ogden laid out Committee  
         Amendments #1-41.  Senator Ogden moved that the bill be  
         temporarily left pending; without objection, it was so ordered. 
          
         Senator Ogden resumed the chair.   
          
         The chair laid out HB 1771 and recognized the Senate sponsor,  
         Senator Nelson, to explain the bill.  Senator Nelson sent up a  
         committee substitute; the chair recognized Senator Nelson 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 temporarily left pending;  
         without objection, it was so ordered. 
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill: HB 880. 
          
         The chair laid out HB 880 and recognized the Senate sponsor,  
         Senator Zaffirini, to explain the bill.  Senator Ogden moved  
         that the bill be temporarily left pending; without objection, it  
         was so ordered. 
          
         Senator Zaffirini assumed the chair.   
          
         The chair laid out HB 3540, which had been temporarily left  
         pending. Senator Ogden laid out Committee Amendments #42-61.   
         Senator Ogden moved that Committee Amendments #1-61 be left  
         pending; without objection, it was so ordered.  Senator Ogden  
         moved adoption of the proposed committee substitute, which had  
         been sent up at a previous hearing; without objection, it was so  
         ordered.  Senator Ogden moved that that the vote for HB 3540  
         remain open; without objection, it was so ordered.  Senator  
         Ogden moved that HB 3540 do not pass but that CSHB 3540 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The original vote on the motion was a  
         record vote of 7 ayes, 1 nay, 0 present not voting, and 7  
  
         absent.  Senator Duncan and Senator Janek requested unanimous  
         consent to be shown voting aye; without objection, it was so  
         ordered.  The final vote on the motion carried with a record  
         vote of 9 ayes, 1 nay, 0 present not voting, and 5 absent. 
          
         Senator Ogden resumed the chair.   
          
         The chair laid out HB 880, which had been temporarily left  
         pending.  Senator Zaffirini moved that HB 880 be reported  
         favorably to the Senate with the recommendation that it do pass  
         and be printed.  The motion carried with a record vote of 8  
         ayes, 0 nay, 0 present not voting, and 7 absent.  Senator  
         Zaffirini moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB 1771, which had been temporarily left  
         pending.  Senator Nelson moved adoption of a committee  
         substitute sent up earlier in hearing; without objection, it was  
         so ordered.  Senator Nelson moved that HB 1771 do not pass but  
         that CSHB 1771 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 10 ayes, 0 nay, 0 present not  
         voting, and 5 absent.  Senator Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chair laid out HB 1867 and the proposed committee  
         substitute, both which had been left pending at a previous  
         hearing. Senator Zaffirini moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Zaffirini moved that HB 1867 do not pass but that CSHB 1867 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, 0 nay, 0 present not voting, and 6 absent.   
          
         The chair laid out HB 3001 and the proposed committee  
         substitute, both which had been left pending at a previous  
         hearing. Senator Duncan moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Duncan moved that HB 3001 do not pass but that CSHB 3001 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of  
         10 ayes, 0 nay, 0 present not voting, and 5 absent.   
          
         The chair laid out HB 2217 and the proposed committee  
         substitute, both which had been left pending at a previous  
         hearing. Senator Staples moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Staples moved that HB 2217 do not pass but that CSHB 2217 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of  
         12 ayes, 0 nay, 0 present not voting, and 3 absent.   
          
         There being no further business, at 4:31 p.m. Senator Ogden  
         moved that the Committee be adjourned. Without objection, it was  
         so ordered.   
          
         _____________________________ 
         Senator Steve Ogden, Chair 
          
         _____________________________ 
         Amy Jeter, Clerk