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