MINUTES
SENATE COMMITTEE ON FINANCE
Friday, May 5, 2006
9:30 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 Friday, May 5, 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 9:40 a.m. There being
a quorum present, the following business was transacted:
The roll was called; a quorum was established.
Senator Shapiro moved to withdraw the committee substitute for
HB 1, and to send HB 1 as engrossed to the Senate. Senator
Shapiro was not recognized by the chair for this motion.
Senator Ogden sent up Committee Amendment 1. Senator Ogden
moved that the amendment be left pending; without objection, it
was so ordered.
Senator Ogden sent up Committee Amendment 3. Senator Ogden
moved that the amendment be left pending; without objection, it
was so ordered.
The Legislative Budget Board provided resource only testimony.
Witnesses registering and testifying on the bill are shown on
the attached list.
Senator West sent up Committee Amendment 9. Senator West sent
up a Legislative Council draft of Committee Amendment 9; without
objection, it was so ordered. Senator Ogden moved that the
amendment be left pending; without objection, it was so ordered.
Senator Madla sent up Committee Amendment 10.
Senator Zaffirini assumed the chair.
Senator Zaffirini moved that the amendment be left pending;
without objection, it was so ordered.
Senator Madla sent up Committee Amendment 11. Senator Madla
moved that the amendment be withdrawn; without objection, it was
so ordered.
Senator Staples assumed the chair.
Senator Zaffirini sent up Committee Amendment 13. Senator
Zaffirini moved that the amendment and the motion be withdrawn;
without objection, it was so ordered.
Senator Zaffirini assumed the chair.
Senator Ogden resumed the chair.
Senator Janek was not present at the hearing to lay out
Committee Amendment 25 and Committee Amendment 26. Senator
Ogden moved that the amendments be left pending; without
objection, it was so ordered.
Senator Zaffirini sent up Committee Amendment 27. Senator Ogden
moved that the amendment be left pending; without objection, it
was so ordered.
Senator Hinojosa was not present at the hearing to lay out
Committee Amendment 29. Senator Ogden moved that the amendment
be left pending; without objection, it was so ordered.
Senator Staples sent up Committee Amendment 4. Senator Ogden
moved that the amendment be left pending; without objection, it
was so ordered.
Senator Ogden moved that Committee Amendments 5, 6, 7, and 8 be
left pending. Without objection, it was so ordered.
Senator West moved that Committee Amendments 18 and 18a be
pulled down. Without objection, it was so ordered.
Senator West moved that Committee Amendments 22 and 23 be
withdrawn. Without objection, it was so ordered.
Senator Ogden sent up Committee Amendment 45. Senator Ogden
moved that the amendment be left pending; without objection, it
was so ordered.
Senator Zaffirini sent up Committee Amendment 46. Senator Ogden
moved that the amendment be left pending; without objection, it
was so ordered.
Senator Zaffirini assumed the chair.
Senator Ogden sent up Committee Amendment 47. Senator Zaffirini
moved that the amendment be left pending; without objection, it
was so ordered.
Senator Ogden resumed the chair.
Senator Whitmire moved that a call be placed on the members of
the Senate Finance Committee. Without objection, it was so
ordered.
A quorum was present.
Senator Ogden moved that Committee Amendment 1, which had been
left pending earlier in the hearing, be adopted. The motion
carried with a record vote of 9 ayes, 0 nay, 0 present not
voting, and 6 absent.
Senator Staples sent up an amendment to Committee Amendment 3,
and moved adoption. Without objection, it was so ordered.
Senator Ogden moved that Committee Amendment 3, which had been
left pending earlier in the hearing, be adopted as amended. The
motion carried with a record vote of 9 ayes, 0 nay, 0 present
not voting, and 6 absent.
Senator West moved that Committee Amendment 9, which had been
left pending earlier in the hearing, be adopted. The motion
failed with a record vote of 4 ayes, 4 nay, 0 present not
voting, and 7 absent.
Senator Madla moved that Committee Amendment 10, which had been
left pending earlier in the hearing, be adopted. The motion
carried with a record vote of 9 ayes, 0 nay, 0 present not
voting, and 6 absent.
Senator Madla moved to permanently withdraw Committee Amendment
11. Without objection, it was so ordered.
Senator Zaffirini moved that Committee Amendment 46, which had
been left pending earlier in the hearing, be adopted. The
motion carried with a record vote of 9 ayes, 0 nay, 0 present
not voting, and 6 absent.
Senator Zaffirini assumed the chair.
Senator Ogden moved that Committee Amendment 47, which had been
left pending earlier in the hearing, be adopted. The motion
carried with a record vote of 9 ayes, 0 nay, 0 present not
voting, and 6 absent.
Senator Ogden moved to reconsider the vote on Committee
Amendment 9; without objection, it was so ordered. Senator West
moved adoption of Committee Amendment 9. The motion carried
with a record vote of 9 ayes, 0 nays, 0 present not voting, and
6 absent.
Senator Ogden resumed the chair.
Senator Zaffirini moved that Committee Amendment 27, which had
been left pending earlier in the hearing, be adopted. The
motion carried with a record vote of 9 ayes, 0 nay, 0 present
not voting, and 6 absent.
At 11:09 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 Committee at 1:05 p.m.
At 1:05 p.m. Senator Ogden moved that the Committee stand
recessed until 1:30 p.m.; without objection, it was so ordered.
Senator Ogden reconvened the Committee at 1:32 p.m.
The roll was called; a quorum was present.
Senator Hinojosa requested unanimous consent to be shown voting
aye on all amendments adopted earlier in the hearing; without
objection, it was so ordered. The above amendment votes reflect
the addition of Senator Hinojosa's unanimous consent to be shown
voting aye.
Senator Williams sent up Committee Amendment 2.
The Legislative Budget Board provided resource only testimony.
Witnesses registering and testifying on the bill are shown on
the attached list.
Senator Williams moved adoption of Committee Amendment 2. The
motion carried with a record vote of 10 ayes, 4 nays, 0 present
not voting, and 1 absent.
Senator Duncan sent up Committee Amendment 4a, a substitute for
Committee Amendment 4, which had been left pending earlier in
the hearing.
Senator Zaffirini assumed the chair.
Senator Ogden resumed the chair.
The Legislative Budget Board provided resource only testimony.
Witnesses registering and testifying on the bill are shown on
the attached list.
Senator Duncan moved adoption of Committee Amendment 4a. The
motion carried with a record vote of 9 ayes, 5 nays, 0 present
not voting, and 1 absent.
Senator Janek moved to withdraw Committee Amendment 25 and
Committee Amendment 26, both of which had been temporarily
withdrawn at a previous hearing. Without objection, it was so
ordered.
Senator Hinojosa sent up Committee Amendment 29, which had been
temporarily withdrawn at a previous hearing.
The Legislative Budget Board provided resource only testimony.
Witnesses registering and testifying on the bill are shown on
the attached list.
Senator Hinojosa moved to withdraw Committee Amendment 29;
without objection, it was so ordered.
Senator Ogden moved that Committee Amendment 1 be reconsidered;
without objection, it was so ordered. Senator Shapiro sent up
amendment to the Amendment 1a and moved adoption; without
objection, it was so ordered.
Senator Williams sent up amendment to the Amendment 1b and moved
adoption. The motion carried with a record vote of 11 ayes, 2
nays, 0 present not voting, and 2 absent.
Senator Shapiro moved that Committee Amendment 1, as amended, be
adopted. The motion carried with a record vote of 12 ayes, 0
nays, 0 present not voting, and 3 absent.
Senator Ogden moved that Committee Amendment 34 be reconsidered;
without objection, it was so ordered. Senator Brimer sent up
amendment to the Amendment 34a and moved adoption; without
objection, it was so ordered.
Senator Brimer moved that Committee Amendment 34, as amended, be
adopted. The motion carried with a record vote of 12 ayes, 0
nays, 0 present not voting, and 3 absent.
Senator Ogden sent up Committee Amendment 45, which had been
left pending earlier in the hearing. Senator Ogden moved that
the amendment be withdrawn; without objection, it was so
ordered.
Senator Zaffirini assumed 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 new committee
substitute be adopted. The motion carried with a record vote of
9 ayes, 4 nays, 0 present not voting, and 2 absent.
Senator Ogden resumed the chair.
At 3:01 p.m. Senator Ogden moved that the Committee stand
recessed until 3:30 p.m. Without objection, it was so ordered.
Senator Ogden reconvened the Committee at 3:32 p.m.
Senator Zaffirini assumed the chair.
The chair laid out HB 5, which had been left pending at a
previous hearing, and recognized Senator Ogden, in the absence
of the Senate sponsor, to explain the bill.
Senator Madla sent up Committee Amendment 1. Senator Madla
moved that the amendment be withdrawn; without objection, it was
so ordered.
Senator Madla sent up Committee Amendment 2. Senator Madla
moved that the amendment be withdrawn; without objection, it was
so ordered.
Senator Madla sent up Committee Amendment 3. Senator Madla
moved that the amendment be withdrawn; without objection, it was
so ordered.
Senator Madla sent up Committee Amendment 4. Senator Madla
moved that the amendment be withdrawn; without objection, it was
so ordered.
Senator Ogden sent up Committee Amendment 5 and moved adoption.
The motion carried with a record vote of 10 ayes, 1 nay, 2
present not voting, and 2 absent.
Senator Ogden requested unanimous consent to roll the amendment
into a 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 HB 5 do not pass but that CSHB 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 9 ayes, 5
nays, 0 present not voting, and 1 absent.
Senator Ogden resumed the chair.
The chair laid out the adopted Committee Substitute to HB 1.
Senator Zaffirini moved that HB 1 do not pass but that CSHB 1 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, 2 nays, 3 present not voting, and 1 absent.
There was no action taken for the following bill(s): SB 6.
There being no further business, at 3:49 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