MINUTES
         
                 SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS
                           Wednesday, February 26, 1997
                                     2:00 pm
                          Capitol Extension, Room E1.028
         
                                      *****
         
         
         
         Pursuant to a notice posted in accordance with Senate Rule 
         11.11, a public hearing of the Senate Committee on 
         Intergovernmental Relations was held on Wednesday, February 26, 
         1997 in the Capitol Extension, Room E1.028, at Austin, Texas.  
         
                                      *****
         
         MEMBERS PRESENT:                        MEMBERS ABSENT:
         Senator Eddie Lucio, Jr.                None
         Senator Michael Galloway
         Senator David Cain
         Senator John Carona
         Senator Mario Gallegos, Jr.
         Senator Jon Lindsay
         Senator Frank Madla
         Senator Mike Moncrief
         Senator Steve Ogden
         Senator Florence Shapiro
         Senator John Whitmire
         
                                      *****
         
         The Chair called the meeting to order at 2:00 pm.  There being 
         a quorum present, the following business was transacted.  
         
         The following members arrived after the roll was called: 
         Senators Cain, Gallegos, Jr., Ogden, Shapiro, and Whitmire 
         
         The Chair announced that SB 545, at the request of Senator 
         Carona, would not be heard.
         
         The Chair referred SB 313 to the Subcommittee on SB 313 for 
         further consideration.  The Chair appointed Senator Galloway as 
         Chair of the subcommittee and Senators Cain, Gallegos, Jr., 
         Lindsay, and Whitmire as members of the subcommittee.  The Chair 
         asked that the following statement be entered into the record:
              
              "As the Chairman of this Committee, I am responsible for 
              ensuring that each bill is given due consideration and that 
              anyone who wishes to testify on the legislation before us 
              is given a fair opportunity to do so.  And I believe, 
              particularly in this case, that we have fulfilled that 
              duty.  I do not believe, however, that it is the 
              responsibility or charge of this committee to arbitrate 
              disputes between municipalities.  
         
              While SB 313 is a local bill, the outcome of this vote sets 
              a precedent which potentially effects the entire state. 
              Since a constitutional amendment passed in 1912,  cities 
              have successfully and amicably annexed adjacent areas with 
              beneficial results for both entities.  Therefore, I do not 
              believe that passage of this bill represents good public 
              policy and furthermore, sends a bad message to the rest of 
              the state. 
         
              Please do not interpret my statement as ambivalence to the 
              process by which the City of Houston annexed Kingwood.  If 
              the citizens of Kingwood were treated poorly by officials 
              in Houston as the citizens allege, then shame on Houston. 
              These people are asking for your respect and 
              understanding...and anything short of that is unacceptable. 
     
          
         





              I expect that, should the City's annexation powers remain 
              intact, you will proceed with any future acquisitions with 
              a new sense of humility and respect.  And to ensure that 
              abuses, such as have been alleged, do not arise in the 
              future, I intend to ask the Lt. Governor to issue a 
              committee charge on annexation so that we may further study 
              the issue and recommend any necessary remedies."
         
         
         The Chair laid out SB 157 and recognized the author, Senator 
         Haywood, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         Senator Moncrief moved that SB 157 be reported favorably to the 
         full Senate with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 11 ayes, 0 nays, 0 
         present not voting, and 0 absent.  
         
         Senator Moncrief requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 209 and recognized the author, Senator 
         Haywood, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         Senator Moncrief moved that SB 209 be reported favorably to the 
         full Senate with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 11 ayes, 0 nays, 0 
         present not voting, and 0 absent.  
         
         Senator Moncrief requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         At 2:20 pm Senator Galloway assumed the chair.  
         
         The Chair laid out SB 252 and recognized the author, Senator 
         Lucio, Jr., to explain the bill.  
         
         Senator Lucio, Jr. sent up a committee substitute; the Chair 
         recognized Senator Lucio, Jr. to explain the difference between 
         the committee substitute and the bill as filed.  
         
         Senator Lucio, Jr. moved that SB 252 do not pass but that CSSB 
         252 be adopted in lieu of the original bill.  There being no 
         objection, it was so moved.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         Senator Lucio, Jr. moved that SB 252 be reported favorably to 
         the full Senate as substituted with the recommendation that it 
         do pass and be printed.  The motion carried with a vote of 11 
         ayes, 0 nays, 0 present not voting, and 0 absent.  
         
         At 2:40 pm Senator Lucio, Jr. resumed the chair.  
         
         The Chair laid out SB 590 and recognized the author, Senator 
         Duncan, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         Senator Moncrief moved that SB 590 be reported favorably to the 
         full Senate with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 11 ayes, 0 nays, 0 
         present not voting, and 0 absent.  
 
         





         
         The Chair laid out SB 544 and recognized the author, Senator 
         Carona, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         Senator Carona moved that SB 544 be reported favorably to the 
         full Senate with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 11 ayes, 0 nays, 0 
         present not voting, and 0 absent.  
         
         The Chair laid out SB 527 and recognized the author, Senator 
         Patterson, to explain the bill.  
         
         Senator Galloway sent up a committee substitute; the Chair 
         recognized Senator Patterson to explain the difference between 
         the committee substitute and the bill as filed.  
         
         Senator Galloway moved that SB 527 do not pass but that CSSB 527 
         be adopted in lieu of the original bill.  There being no 
         objection, it was so moved.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         At 3:35 pm Senator Cain assumed the chair.  
         
         At 3:45 pm Senator Galloway assumed the chair.  
         
         Senator Lucio, Jr. moved that SB 527 be reported back to the 
         Senate as substituted with the recommendation that it do pass 
         and be printed.  The motion carried with a vote of 9 ayes, 2 
         nays, 0 present not voting, and 0 absent.
           
         At 3:55 pm Senator Lucio, Jr. resumed the chair.  
         
         The Chair laid out SB 472 and recognized the author, Senator 
         Cain, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         The Chair moved that SB 472 be left pending to await a quorum; 
         without objection it was so ordered.  Upon arrival of a quorum, 
         Senator Cain moved that SB 472 be reported back to the senate 
         with the recommendation that it do pass and be printed.  The 
         motion carried with a vote of 11 ayes, 0 nays, 0 present not 
         voting, and 0 absent.  
         
         Senator Cain requested unanimous consent to certify the bill for 
         Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 420 and recognized the author, Senator 
         Cain, to explain the bill.  
         
         A discussion followed.
         
         Senator Cain moved that SB 420 be reported favorably to the full 
         Senate with the recommendation that it do pass and be printed. 
         The motion carried with a vote of 10 ayes, 1 nay, 0 present not 
         voting, and 0 absent.  
         
         At 4:04 pm Senator Madla assumed the chair.  
         
         The Chair laid out SB 481 and recognized Senator Lucio, Jr., in 
         the absence of the author, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         Senator Lucio, Jr. moved that SB 481 be reported favorably to
 
         





         the full Senate with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 7 ayes, 3 nays, 0 
         present not voting, and 1 absent.  
         
         At 4:15 pm Senator Lucio, Jr. resumed the chair.  
         
         The Chair laid out SB 327 and recognized the author, Senator 
         Galloway, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  
         
         Senator Galloway moved that SB 327 be reported favorably to the 
         full Senate with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 10 ayes, 0 nays, 0 
         present not voting, and 1 absent.  
         
         Senator Galloway requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 601 and recognized the author, Senator 
         Lindsay, to explain the bill.  
         
         Senator Lindsay sent up a committee substitute; the Chair 
         recognized Senator Lindsay 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 Lindsay moved that SB 601 do not pass but that CSSB 601 
         be adopted in lieu of the original bill.  There being no 
         objection, it was so moved.  
         
         At 4:45 pm Senator Cain assumed the chair.  
         
         Senator Lindsay moved that SB 601 be reported back to the Senate 
         as substituted with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 7 ayes, 0 nays, 0 
         present not voting, and 4 absent.  
         
         At 4:55 pm Senator Lucio, Jr. resumed the chair. 
         
         The Chair moved that the Committee stand at ease until 5:30 pm. 
         There being no objection, it was so moved.  The Committee 
         reconvened at 5:30 pm.
         
         There being no further business, at 5:32 pm Senator Lucio, Jr. 
         moved that the Committee stand recessed subject to the call of 
         the Chair.  Without objection, it was so ordered.  
         
         
         
         
         ______________________
         Senator Eddie Lucio, Jr., Chair
         
         ______________________
         Amy B. Kelley, Clerk