MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Wednesday, April 2, 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, April 2, 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 2:40 pm. The following business was transacted: Having stood at recess, the following members arrived after the meeting convened: Senators Galloway, Cain, Carona, Ogden, and Whitmire. The Chair announced that the Committee will meet on Monday, April 7th at 9:00 am in E1.028. The Chair laid out SB 395 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Gallegos, Jr. explained the bill. Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Gallegos, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Gallegos, Jr. explained the difference. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 395 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved adoption of the committee substitute, without objection, it was so ordered. Senator Lindsay moved that SB 395 do not pass but that CSSB 395 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 Galloway moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1289 and recognized the author, Senator Luna, to explain the bill. Senator Luna explained the bill. Senator Lindsay sent up Committee Amendment 1 and the Chair recognized Senator Luna to explain the amendment. Senator Luna explained the amendment. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1289 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lindsay moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Lindsay moved that SB 1289, as amended, be reported back to the Senate 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. The Chair laid out SB 1828 and recognized the author, Senator Shapleigh, to explain the bill. Senator Shapleigh explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 3:00 pm Senator Galloway assumed the chair. Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Moncrief moved that SB 1828, as amended, 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. At 3:05 pm Senator Lucio, Jr. resumed the chair. The Chair laid out SB 1829 and recognized the author, Senator Shapleigh, to explain the bill. Senator Shapleigh explained the bill. Senator Moncrief sent up a committee substitute; the Chair recognized Senator Shapleigh to explain the difference between the committee substitute and the bill as filed. Senator Shapleigh explained the difference. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1829 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Moncrief moved adoption of the committee substitute, without objection, it was so ordered. Senator Moncrief moved that SB 1829 do not pass but that CSSB 1829 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 Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1830 and recognized the author, Senator Shapleigh, to explain the bill. Senator Shapleigh explained the bill. Senator Shapiro sent up a committee substitute; the Chair recognized Senator Shapleigh to explain the difference between the committee substitute and the bill as filed. Senator Shapiro moved adoption of the committee substitute, without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Moncrief moved that SB 1830 do not pass but that CSSB 1830 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 Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1055 and recognized the author, Senator Haywood, to explain the bill. Senator Haywood explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Galloway sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Moncrief moved that SB 1055, as amended, be reported back to the 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 Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1310 and recognized the author, Senator Ellis, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1310 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Galloway moved SB 1310 be reported back to the senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 1 nay, 0 present not voting, and 1 absent. *The bill was originally certified for the Local and Uncontested Calendar. However, Senator Carona was granted unanimous consent to be shown voting "nay" which disqualified the bill. The Chair laid out SB 1527 and recognized the author, Senator Ellis, to explain the bill. Senator Ellis explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Moncrief moved that SB 1527 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 3:40 pm Senator Galloway assumed the chair. The Chair laid out SB 1277 and recognized the author, Senator Lucio, Jr., to explain the bill. Senator Lucio, Jr. explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1277 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lucio, Jr. moved that SB 1277, as amended, be reported back to the 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 859 and recognized the author, Senator Lucio, Jr., to explain the bill. Senator Lucio explained 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. explained the difference. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 859 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved adoption of the committee substitute, without objection, it was so ordered. Senator Lucio, Jr. moved that SB 859 do not pass but that CSSB 859 be reported back to the 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 3:45 pm Senator Lucio, Jr. resumed the chair. The Chair laid out SB 397 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Gallegos, Jr. explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 397 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved SB 397 be reported back to the 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 928 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Gallegos, Jr. explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 928 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved SB 928 be reported back to the 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 Ogden originally voted "present" but was granted unanimous consent to change his vote to "aye". Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1621 and recognized the author, Senator Duncan, to explain the bill. Senator Duncan explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1621 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Moncrief moved SB 1621 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 Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1438 and recognized the author, Senator Wentworth, to explain the bill. Senator Wentworth explained the bill. Senator Cain sent up a committee substitute; the Chair recognized Senator Wentworth 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. The Chair moved that SB 1438 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved adoption of the committee substitute, without objection, it was so ordered. Senator Moncrief moved that SB 1438 do not pass but that CSSB 1438 be reported back to the 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 Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 969 and recognized the author, Senator Wentworth, to explain the bill. Senator Wentworth explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 969 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Madla moved SB 969 be reported back to the 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 Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 892 and recognized co-author, Senator Wentworth, to explain the bill. Senator Wentworth explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 892 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Moncrief sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Moncrief moved that SB 892, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 8 ayes, 2 nays, 0 present not voting, and 1 absent. The Chair laid out SB 1395 and recognized the author, Senator Lindsay, to explain the bill. Senator Lindsay explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Lindsay sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Lindsay moved that SB 1395, as amended, 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 Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1211 and recognized the author, Senator Ogden, to explain the bill. Senator Ogden explained the bill. Senator Ogden sent up a committee substitute; the Chair recognized Senator Ogden to explain the difference between the committee substitute and the bill as filed. Senator Ogden moved adoption of the committee substitute, without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ogden moved that SB 1211 do not pass but that CSSB 1211 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. There being no further business, at 4:48 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