MINUTES SENATE COMMITTEE ON FINANCE Wednesday, May 3, 2006 10:00 a.m. 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, May 3, 2006, 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 Kim Brimer Senator Bob Deuell Senator Robert Duncan Senator Juan Hinojosa Senator Kyle Janek Senator Frank Madla Senator Jane Nelson Senator Florence Shapiro Senator Todd Staples Senator Royce West Senator John Whitmire Senator Tommy Williams ***** The chair called the meeting to order at 10:13 a.m. The following business was transacted: The chair laid out HB 5 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Nelson assumed the chair. Testimony continued. Senator Zaffirini assumed the chair. Testimony continued. The chair moved that the public testimony be closed; without objection, it was so ordered. At 11:21 a.m. Senator Zaffirini moved that the Committee stand recessed until 11:50 a.m.; without objection, it was so ordered. Senator Ogden reconvened the Committee at 11:51 a.m. The roll was called. Senator Ogden announced that the Committee would be taking up all amendments to HB 1 today, except those pertaining to Article I. Without objection, it was so ordered. At 11:54 a.m. Senator Ogden moved that the Committee stand recessed until 1:00 p.m.; without objection, it was so ordered. Senator Ogden reconvened the hearing at 1:06 p.m. The roll was called; a quorum was established. Senator Ogden moved the adoption of a Committee rule that all amendments offered to the committee substitute for HB 1 have a neutral fiscal impact on the bill; without objection, it was so ordered. The Legislative Budget Board provided resource only testimony. Witnesses testifying and registering on the bill are shown on the attached list. Senator Zaffirini sent up Committee Amendment 12. Senator Van de Putte was recognized to explain the Amendment. Senator Zaffirini moved adoption. The motion failed by a record vote of 4 ayes, 10 nays, 0 present not voting, and 1 absent. Senator Zaffirini sent up Committee Amendment 13 and moved adoption. The motion failed by a record vote of 5 ayes, 10 nays, 0 present not voting, and 0 absent. Senator Zaffirini sent up Committee Amendment 14 and moved adoption; without objection, the amendment was adopted. Senator West sent up Committee Amendment 15 and moved adoption; without objection, the amendment was adopted. Senator Madla sent up Committee Amendment 16. Senator Madla moved to withdraw the amendment; without objection, it was so ordered. Senator Madla sent up Committee Amendment 17 and moved adoption; without objection, the amendment was adopted. Senator West moved to withdraw Committee Amendment 18; without objection, it was so ordered. Senator West then sent up Committee Amendment 18a. Senator Ogden moved that Amendment 18a be deferred until a later time; without objection, it was so ordered. Senator West sent up Committee Amendment 19 and moved adoption. The motion failed by a record vote of 6 ayes, 8 nays, 0 present not voting, and 1 absent. Senator Zaffirini sent up Committee Amendment 20. Senator Zaffirini moved to withdraw the amendment; without objection, it was so ordered. Senator Zaffirini sent up Committee Amendment 21 and moved adoption. The motion failed by a record vote of 6 ayes, 8 nays, 0 present not voting, and 1 absent. Senator West sent up Committee Amendment 22. Senator West moved to temporarily withdraw the amendment; without objection, it was so ordered. Senator West sent up Committee Amendment 23. Senator West moved to withdraw the amendment; without objection, it was so ordered. Senator Zaffirini sent up Committee Amendment 24 and moved adoption. The motion carried with a record vote of 9 ayes, 4 nays, 1 present not voting, and 1 absent. Senator Janek sent up Committee Amendment 25. Senator Janek moved to temporarily withdraw the amendment; without objection, it was so ordered. Senator Janek sent up Committee Amendment 26. Senator Janek moved to temporarily withdraw the amendment; without objection, it was so ordered. Senator Zaffirini sent up Committee Amendment 27. Senator Zaffirini moved to temporarily withdraw the amendment; without objection, it was so ordered. Senator Zaffirini sent up Committee Amendment 28. Senator Ogden moved to withdraw the amendment; without objection, it was so ordered. Senator Hinojosa sent up Committee Amendment 29. Senator Hinojosa moved to temporarily withdraw the amendment; without objection, it was so ordered. Senator Staples sent up Committee Amendment 30. Senator Zaffirini assumed the chair. Senator Staples moved to withdraw the amendment; without objection, it was so ordered. Senator Zaffirini sent up Committee Amendment 31. Senator Zaffirini moved to temporarily withdraw the amendment; without objection, it was so ordered. Senator Zaffirini sent up Committee Amendment 32. Senator Zaffirini moved to temporarily withdraw the amendment; without objection, it was so ordered. Senator Hinojosa sent up Committee Amendment 33. At 2:25 p.m. Senator Zaffirini moved that the Committee stand at ease; without objection, it was so ordered. Senator Ogden reconvened the Committee at 2:39 p.m. The Committee resumed discussion on Committee Amendment 33. Senator Hinojosa moved adoption of the amendment. The motion failed by a record vote of 7 ayes, 7 nays, 0 present not voting, and 1 absent. Senator Brimer sent up Committee Amendment 34 and moved adoption. The motion carried with a record vote of 11 ayes, 4 nays, 0 present not voting, and 0 absent. Senator Duncan sent up Committee Amendment 35. Senator Zaffirini assumed the chair. Senator Ogden resumed the chair. Senator Duncan moved adoption of Committee Amendment 35. The motion carried with a record vote of 10 ayes, 5 nays, 0 present not voting, and 0 absent. Senator Madla sent up Committee Amendment 36. Senator Madla moved to pull down the amendment; without objection, it was so ordered. Senator Ogden announced that Committee Amendments 36, 37, 38, 39, 40, 41, 42, and 43 were not germane to the bill. Without objection, it was so ordered. Senator Shapiro sent up Committee Amendment 44 and moved adoption. The motion carried with a record vote of 14 ayes, 1 nay, 0 present not voting, and 0 absent. Senator Ogden moved to reconsider the vote; without objection, it was so ordered. Senator Ogden moved adoption of Committee Amendment 44; without objection, the amendment was adopted. Senator Shapiro began a discussion about Committee Amendment 1. Senator Ogden moved that the amendment be deferred until the Article I amendments were before the Committee. Without objection, it was so ordered. Senator Zaffirini sent up Committee Amendment 31, which had been temporarily withdrawn earlier in the hearing. Senator Zaffirini moved adoption of the amendment; without objection, the amendment was adopted. Senator Zaffirini sent up Committee Amendment 32, which had been temporarily withdrawn earlier in the hearing. Senator Zaffirini moved adoption of the amendment; without objection, the amendment was adopted. Senator Ogden requested that Senator Janek hold Committee Amendment 25 until the next Finance Committee hearing; without objection, it was so ordered. At 3:33 p.m. Senator Ogden moved that the Committee stand recessed for 15 minutes; without objection, it was so ordered. Senator Ogden reconvened the Committee at 3:44 p.m. At 3:45 p.m. Senator Ogden moved that the Committee stand recessed until 6:00 p.m.; without objection, it was so ordered. Senator Ogden reconvened the Committee at 6:00 p.m. Senator Ogden moved that HB 1 and HB 5 be left pending. Without objection, it was so ordered. There was no action taken for the following bill(s): SB 6. There being no further business, at 6:01 p.m. Senator Ogden moved that the Committee stand recessed until 9:30 a.m., Thursday, May 4, 2006. Without objection, it was so ordered. _____________________________ Senator Steve Ogden, Chair _____________________________ Amy Jeter, Clerk