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