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