The House Committee on Appropriations

80th Legislature

February 21, 2007

8:00 a.m.

E1.030

 

Pursuant to a suspension of the five day posting rule and an announcement from the House floor on February 20, 2007, the House Committee on Appropriations met in a public hearing and was called to order by the chair, Representative Chisum, at 8:20 a.m.

 

The roll was answered as follows:

 

Present:              Representatives Chisum; Guillen; Allen, Alma; Branch; Brown, Betty; Brown, Fred; Chavez; Crownover; Darby; Davis, John; England; Gattis; Hopson; Isett, Carl; Jackson, Jim; Kolkhorst; Lucio III; McClendon; McReynolds; Menendez; Noriega, Rick; Otto; Taylor; Turner; Van Arsdale (25).

 

Absent:              Representatives Dukes; Harper-Brown; Riddle; Zerwas (4).

 

A quorum was present.

 

(Representative Riddle now present.)

 

Testimony was taken.  (See attached witness list.)

 

Real Estate Commission

 

The chair recognized Rep. Menendez to lay out the recommendations for the Real Estate Commission (TREC).  (Representative Dukes now present.)  Rep. Menendez moved the adoption of the Legislative Budget Board (LBB) Recommendations with the following changes:  Increase Funding for Indirect Administration, TREC Licensing, Licensee/Consumer Education, and TREC Investigation Strategies; Increase Funding for Enforcement and Licensing Strategies for the Texas Appraiser and Licensing Certification Board (TALCB); Technical Adjustment to Performance Measure Targets Rider; Increase the Full Time Equivalent (FTE) Positions Cap; Add Capital Budget Rider; Add Reimbursement of Advisory Committee Members Rider.  Without objection, the motion was adopted.

 

Racing Commission

 

The chair recognized Rep. Menendez to lay out the recommendations for the Racing Commission.  Rep. Menendez moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Wagering Compliance Inspections Strategy; Technical Adjustment to Supplemental Appropriations Made in Rider, Number of FTE's in Rider, and Contingent Appropriation:  New Horse Racetrack and Accredited Texas Bred Program Rider; Increase the FTE Positions Cap; Add Contingent Revenue Rider; Amend Limitation on Travel Reimbursement Rider; Add Contingent Appropriation:  New Racetrack Application Rider.  Without objection, the motion was adopted.

 

Board of Professional Geoscientists

 

The chair recognized Rep. Darby to lay out the recommendations for the Board of Professional Geoscientists.  Rep. Darby moved the adoption of the LBB Recommendations.  Without objection, the motion was adopted.

 

Board of Professional Land Surveying

 

The chair recognized Rep. Darby to lay out the recommendations for the Board of Land Surveying.  Rep. Darby moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Licensing and Administration and Indirect Administration -- Licensing/Education Strategies; Add Contingent Revenue Rider.  (Representative Harper-Brown now present.)  Without objection, the motion was adopted.

 

Department of Licensing and Regulation

 

The chair recognized Rep. Darby to lay out the recommendations for the Department of Licensing and Regulation.  Rep. Darby moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Continuing Education/Customer Service, Resolve Complaints, Conduct Inspections, and Investigation Strategies; Technical Adjustment to Amend Riders to correspond with the Biennial Revenue Estimate; Technical Adjustment to Reduce Appropriations for the TexasOnline Strategy; Increase the FTE Positions Cap; Add Contingent Revenue Rider; Amend Auctioneer Education and Recovery Rider; Add Contingent Revenue: Barber School Tuition Protection Account Rider; Add Contingent Revenue: Private Beauty Culture School Tuition Protection Account Rider.  The Chair pended the recommendations.

 

Structural Pest Control Board

 

The chair recognized Rep. Darby to lay out the recommendations for the Structural Pest Control Board.  Rep. Darby moved the adoption of the LBB Recommendations.  Without objection, the motion was adopted.

 

Board of Plumbing Examiners

 

The chair recognized Rep. Darby to lay out the recommendations for the Board of Plumbing Examiners.  Rep. Darby moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Inspections and Enforcement Strategy; Increase the FTE Positions Cap; Add Contingent Revenue: Capital Budget Items Rider. Without objection, the motion was adopted.

 

At 9:42 a.m., on the motion of the chair and without objection, the meeting was recessed until 30 minutes after the adjournment of the House on February 21, 2007.

 

The committee reconvened at 1:19 p.m. and was called to order by the chair, Representative Chisum. The roll was answered as follows:

 

Present:              Representatives Chisum; Guillen; Allen, Alma; Brown, Betty; Brown, Fred; Davis, John; Dukes; England; Gattis; Harper-Brown; Hopson; Isett, Carl; Kolkhorst; Lucio III; McClendon; Taylor; Turner; Van Arsdale (18).

 

Absent:              Representatives Branch; Chavez; Crownover; Darby; Jackson, Jim; McReynolds; Menendez; Noriega, Rick; Otto; Riddle; Zerwas (11).

 

A quorum was present.

 

(Representative McReynolds now present.) 

 

Testimony was taken.  (See attached witness list.)

 

Department of Insurance

 

The chair recognized Rep. Taylor to lay out the recommendations for the Department of Insurance.   (Representative Riddle now present.)  Rep. Taylor moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Develop and Implement Processes, Dispute Resolution, and Other Support Services Strategies; Technical Adjustment to FTE Positions Cap and Performance Measure Targets Rider;  Amend Capital Budget Rider.  Without objection, the motion was adopted.

 

Office of Public Insurance Counsel

 

The chair recognized Rep. Taylor to lay out the recommendations for the Office of Public Insurance Counsel.  Rep. Taylor moved the adoption of the LBB Recommendations.  Without objection, the motion was adopted.

 

Office of Injured Employee Counsel

 

The chair recognized Rep. Taylor to lay out the recommendations for the Office of Injured Employee Counsel.  (Representative Crownover now present.)  Rep. Taylor moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Participate in Rulemaking, Rights and Responsibilities, Referrals, and Ombudsman Program Strategies; Add Unexpended Balance Authority Rider.  Without objection, the motion was adopted.

 

Public Utility Commission of Texas

 

The chair recognized Rep. Taylor to lay out the recommendations for the Public Utility Commission of Texas.  Rep. Taylor moved the adoption of the LBB Recommendations with the following changes:  Create and Increase Funding for Energy Assistance Strategy; Technical Adjustment to Allocation of System Benefit Account Rider; Add Contingent Revenue:  Municipally Owned and Electric Cooperatives Rider.  Without objection, the motion was adopted.

 

Office of Public Utility Counsel

 

The chair recognized Rep. Lucio to lay out the recommendations for the Office of Public Utility Counsel.  Rep. Lucio moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Participation in Proceedings Strategy; Amend Number of Electric Cases in which OPUC Participates and Number of Electric Projects in which OPUC Participates performance measures.  Without objection, the motion was adopted.

 

Residential Construction Commission

 

The chair recognized Rep. Lucio to lay out the recommendations for the Residential Construction Commission.  Rep. Lucio moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Complaint Resolution Strategy; Increase the FTE Positions Cap; Delete Home Registration Fees Rider; Add Contingent Revenue Rider.  Without objection, the motion was adopted.

 

State Office of Administrative Hearings

 

The chair recognized Rep. Lucio to lay out the recommendations for the State Office of Administrative Hearings.  Rep. Lucio moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Conduct Hearings and Conduct Alternative Dispute Resolution Strategies; Increase the FTE Positions Cap; Amend Interagency Contract for Administrative Law Judge Training Rider; Add Capital Budget Rider.  Without objection, the motion was adopted.

 

Board of Nurse Examiners

 

The chair recognized Rep. Fred Brown to lay out the recommendations for the Board of Nurse Examiners.  Rep. Fred Brown moved the adoption of the LBB Recommendations with the following changes:  Create Regulatory Response Goal; Create and Increase Funding for Contingency Regulatory Response Strategy; Technical Adjustment to Appropriation:  Criminal Record Check Receipts Rider; Amend Average Time for Complaint Resolution (Days), Average Licensing Cost Per Individual License Issued (RN), and Total Number of Programs Licensed (LVN) performance measures; Increase the FTE Positions Cap; Add Contingency Appropriation: Regulatory Response Rider.  Without objection, the motion was adopted.

 

(Representative Branch now present.)

 

Executive Council of Physical Therapy and Occupational Therapy Examiners

 

The chair recognized Rep. Fred Brown to lay out the recommendations for the Executive Council of Physical Therapy and Occupational Therapy Examiners.  Rep. Fred Brown moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Operate Licensing System, Administer Enforcement, Licensing Indirect Administration, and Enforcement Indirect Administration Strategies; Add Contingent Revenue Rider.  (Representative Noriega, Rick now present.) Without objection, the motion was adopted.

 

Board of Pharmacy

 

The chair recognized Rep. Fred Brown  to lay out the recommendations for the Board of Pharmacy.  Rep. Fred Brown  moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Administer Enforcement, Licensing Indirect Administration, Enforcement Indirect Administration, and Peer Assistance Strategies; Amend Number of Complaints Resolved and Average Time for Complaint Resolution (Days) performance measures; Increase the FTE Positions Cap; Add Contingent Revenue Rider; Add Controlled Substance Forfeiture Program Rider.  Without objection, the motion was adopted.

 

Board of Podiatric Medical Examiners

 

(Representative McReynolds in chair.)

 

The chair recognized Rep. Fred Brown  to lay out the recommendations for the Board of Podiatric Medical Examiners.  Rep. Fred Brown  moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Licensure and Enforcement and Indirect Administration Strategies; Add Contingent Revenue Rider.  Without objection, the motion was adopted.

 

Board of Examiners of Psychologists

 

The chair recognized Rep. Fred Brown  to lay out the recommendations for the Board of Examiners of Psychologists.  (Representative Otto now present.)  Rep. Fred Brown  moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Enforcement and Licensing Strategies; Increase the FTE Positions Cap; Add Contingent Revenue Rider. Without objection, the motion was adopted.

 

Board of Veterinary Medical Examiners

 

The chair recognized Rep. Fred Brown  to lay out the recommendations for the Board of Veterinary Medical Examiners.  Rep. Fred Brown  moved the adoption of the LBB Recommendations with the following changes:  Increase Funding for Complaints and Action, Operate Licensure System, and Peer Assistance Strategies; Increase the FTE Positions Cap; Add Contingent Revenue:  Capital Budget Items Rider; Delete Appropriation:  Peer Assistance Program Penalties Rider.  Without objection, the motion was adopted.

 

Special Provisions Relating to All Regulatory Agencies

 

The chair recognized Rep. Fred Brown  to lay out the Special Provisions Relating to All Regulatory Agencies.  Rep. Fred Brown  moved the adoption of the LBB Recommendations with the following changes:  Add Contingency Appropriation for Criminal History Record Information Rider. Without objection, the motion was adopted.

 

At 3:32 p.m., on the motion of the chair and without objection, the meeting was adjourned until 8:00 a.m., February 22, 2007.

 

 

________________________

Rep. Chisum, Chair

 

 

________________________

Paul Kamprath, Clerk