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