MINUTES SENATE COMMITTEE ON FINANCE Wednesday, July 6, 2005 2:00 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 Wednesday, July 6, 2005, in the Capitol Extension, Room E1.036, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Steve Ogden Senator Todd Staples 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 Royce West Senator John Whitmire Senator Tommy Williams ***** The chair called the meeting to order at 2:39 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(s): SB 6. The chair laid out SB 6 and recognized the author, Senator Ogden, 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 temporarily left pending; without objection, it was so ordered. The chair laid out SB 5 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. Senator Ogden moved that the bill be temporarily left pending; without objection, it was so ordered. Senator Ogden resumed the chair. At 4:44 p.m. Senator Ogden moved that the Committee stand recessed until 6:00 p.m.; without objection, it was so ordered. The Committee reconvened at 6:05 p.m. Senator Zaffirini assumed the chair. The chair laid out SB 5 and the committee substitute, both which had been left pending earlier in the hearing. Testimony resumed. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Nelson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Nelson sent up Committee Amendment 2 and then withdrew the amendment; without objection, it was so ordered. Senator Barrientos sent up Committee Amendment 3 and then withdrew the amendment; without objection, it was so ordered. Senator Shapleigh sent up Committee Amendment 4 and then withdrew the amendment; without objection, it was so ordered. Senator West sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted. Senator Ogden requested unanimous consent to incorporate the amendments into the committee substitute; without objection, it was so ordered. Senator Ogden then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Ogden moved that SB 5 do not pass but that CSSB 5 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, 0 nay, 1 present not voting, and 3 absent. The chair laid out SB 6, which had been left pending earlier in the hearing. Senator Barrientos assumed the chair. Senator Zaffirini sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini sent up Committee Amendment 3 and moved adoption. The motion failed by a record vote of 4 ayes, 8 nays, 0 present not voting, and 3 absent. Senator Zaffirini sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Duncan sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted. Senator Zaffirini assumed the chair. Senator Barrientos sent up Committee Amendment 6 and then withdrew the amendment; without objection, it was so ordered. Senator Ogden sent up Committee Amendment 7 and moved adoption; without objection, the amendment was adopted. Senator Barrientos sent up Committee Amendment 8 and moved adoption; without objection, the amendment was adopted. Senator Shapiro sent up Committee Amendment 9 and then withdrew the amendment; without objection, it was so ordered. Senator Duncan sent up Committee Amendment 10 and moved adoption; without objection, the amendment was adopted. Senator Ogden moved that SB 6 be left pending; without objection, it was so ordered. Senator Ogden resumed the chair. There was no action taken for the following bill(s): SB 1, SB 3, and SB 4. There being no further business, at 7:13 p.m. Senator Ogden moved that the Committee stand recessed until 9:30 a.m. the following morning, July 7, 2005. Without objection, it was so ordered. _____________________________ Senator Steve Ogden, Chair _____________________________ Amy Jeter, Clerk