MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Wednesday, April 16, 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 16, 1997 in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Eddie Lucio, Jr. Senator Florence Shapiro 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 John Whitmire ***** In the absence of the Chair and Vice Chair, Senator Gallegos, Jr. called the meeting to order at 2:20 pm. The following business was transacted. Having stood at ease, the following members arrived after the meeting was convened: Senators Lucio, Jr., Galloway, Cain, Carona, Lindsay, Madla, Moncrief, Ogden, and Whitmire. The Chair laid out SB 1843 and recognized the author, Senator Harris, to explain the bill. Senator Harris explained the bill and a proposed committee substitute. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1843 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain sent up a committee substitute which was previously explained by Senator Harris. Senator Cain moved adoption of the committee substitute, without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 1843 do not pass but that CSSB 1843 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, 0 nays, 0 present not voting, and 2 absent. Senators Galloway, Carona and Ogden asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. 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 HB 1979 and recognized the Senate sponsor, Senator Brown, to explain the bill. Senator Brown explained the bill. The Chair moved that HB 1979 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Whitmire moved HB 1979 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, 0 nays, 0 present not voting, and 2 absent. Senators Galloway, Carona and Ogden asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. 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 HB1296 and recognized the Senate sponsor, Senator Haywood, to explain the bill. Senator Haywood explained the bill. The Chair moved that HB1296 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB1296 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, 0 nays, 0 present not voting, and 2 absent. Senators Galloway, Carona and Ogden asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Madla moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 1635 and recognized the author, Senator Duncan, to explain the bill. Senator Duncan explained the bill. Senator Cain sent up Committee Amendment 1; the Chair recognized Senator Duncan to explain the amendment. Senator Duncan explained the amendment. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1635 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Gallegos, Jr. moved that SB 1635, 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, 0 nays, 0 present not voting, and 1 absent. Senators Galloway, Carona and Ogden asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. 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 1107 and recognized the author, Senator Duncan, to explain the bill. Senator Duncan explained the bill. Senator Cain sent up a committee substitute; the Chair recognized Senator Duncan to explain the difference between the committee substitute and the bill as filed. Senator Duncan explained the difference. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1107 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 Madla moved that SB 1107 do not pass but that CSSB 1107 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, 0 nays, 0 present not voting, and 2 absent. Senators Galloway, Carona and Ogden asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. The Chair laid out SB 1866 and recognized the author, Senator Wentworth, to explain the bill. Senator Wentworth explained the bill. At 2:55 pm Senator Lucio, Jr. assumed the chair. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved to close public testimony on SB 1866; without objection, it was so ordered. The Chair moved that SB 1866 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved that SB 1866 be left pending; without objection, it was so ordered. The Chair laid out SB 900 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Gallegos, Jr. explained the bill. Senator Gallegos, Jr. sent up Committee Amendment 1 and explained the measure. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 900 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Madla moved that SB 900, 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, 0 nays, 0 present not voting, and 2 absent. Senators Galloway, Carona and Ogden asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. 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 1568 and recognized Senator Gallegos, Jr., in the absence of the author, 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 Madla 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 Madla moved that SB 1568 do not pass but that CSSB 1568 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, 0 nays, 0 present not voting, and 3 absent. Senators Carona and Ogden asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Madla moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 649 and recognized the Senate sponsor, Senator Whitmire, to explain the bill. Senator Whitmire explained the bill. At 3:30 pm Senator Cain assumed the chair. The Chair moved that HB 649 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lindsay moved HB 649 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. Senators Carona, Gallegos, Ogden and Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Cain moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 718 and recognized the Senate sponsor, Senator Whitmire, to explain the bill. Senator Whitmire explained the bill. The Chair moved that HB 718 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Moncrief moved HB 718 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. Senators Carona, Gallegos, Ogden and Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Cain moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 26 and recognized the author, Senator Galloway, to explain the bill. Senator Galloway explained the bill. Senator Galloway sent up Committee Amendment 1 and explained the amendment. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 26 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Galloway moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Galloway moved that SB 26, 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, 1 nay, 0 present not voting, and 1 absent. Senators Carona, Gallegos and Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Ogden asked for unanimous consent to be shown voting "Nay"; without objection, it was so ordered. Senator Ogden's "Nay" vote disqualified SB 26 for the Local and Uncontested Calendar. The Chair laid out HB 1424 and recognized the Senate sponsor, Senator Patterson, to explain the bill. Senator Patterson explained the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 3:45 pm Senator Galloway assumed the chair. Senator Lucio, Jr. moved that HB 1424 be reported favorably to the full 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. Senators Carona, Gallegos and Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Ogden asked for unanimous consent to be shown voting "Nay"; without objection, it was so ordered. At 3:48 pm Senator Lucio, Jr. resumed the chair. The Chair laid out SB 1017, left pending on March 26th, and recognized the author, Senator Patterson, to explain the bill. Senator Patterson explained the bill. At 3:52 pm Senator Galloway assumed the chair. The Chair recognized Senator Patterson to explain the difference between the committee substitute and the bill as filed. Senator Patterson explained the difference. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 1017 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 Madla moved that SB 1017 do not pass but that CSSB 1017 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, 0 nays, 0 present not voting, and 2 absent. Senators Carona, Ogden and Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 3:55 pm Senator Lucio, Jr. resumed the chair. The Chair laid out SB 1391 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 moved that SB 1391 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. Senators Cain and Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. Senator Lindsay moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 4:10 pm Senator Carona assumed the chair. The Chair laid out SB 921 and recognized the author, Senator Galloway, to explain the bill. Senator Galloway explained the bill. Senator Galloway sent up a committee substitute; the Chair recognized Senator Galloway to explain the difference between the committee substitute and the bill as filed. Senator Galloway moved adoption of the committee substitute, without objection, it was so ordered. Senator Galloway requested unanimous consent to incorporate amendments into the committee substitute. Senator Galloway then moved that the new committee substitute be adopted. Senator Galloway moved that SB 921 do not pass but that CSSB 921 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. Senators Cain and Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. The Chair laid out SB 1277, which was recommittee to the Committee on April 14th, and recognized the author, Senator Lucio, Jr., to explain the bill. Senator Lucio, Jr. 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. moved adoption of the committee substitute, without objection, it was so ordered. Senator Ogden moved to reopen public testimony on SB 1277; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that SB 1277 do not pass but that CSSB 1277 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, 0 nays, 0 present not voting, and 2 absent. Senator Whitmire asked for unanimous consent to be shown voting "Aye"; without objection, it was so ordered. At 4:18 pm Senator Lucio, Jr. assumed the chair. The Chair referred SB 704, SB 934, SB 955, SB 956, SB 1166, SB 1397, SB 1398, SB 1399, and SB 1602 to the Subcommittee on Annexation for further consideration. The Chair appointed Senator Moncrief as Chair of the subcommittee and Senators Gallegos, Jr. and Lindsay as members of the subcommittee. There being no further business, at 4:20 pm Senator Moncrief moved that the Committee be adjourned. Without objection, it was so ordered. ______________________ Senator Eddie Lucio, Jr., Chair ______________________ Amy B. Kelley, Clerk