MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Wednesday, May 7, 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, May 7, 1997 in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Eddie Lucio, Jr. Senator Frank Madla Senator Michael Galloway Senator David Cain Senator John Carona Senator Mario Gallegos, Jr. Senator Jon Lindsay Senator Mike Moncrief Senator Steve Ogden Senator Florence Shapiro Senator John Whitmire ***** The Chair called the meeting to order at 2:00 pm. The following business was transacted. Having stood at ease, the following members arrived after the roll was called: Senators Galloway, Cain, Carona, Gallegos, Jr., Lindsay, Moncrief, Ogden, Shapiro, and Whitmire. The Chair laid out HB 1254 and recognized the Senate sponsor, Senator Patterson, to explain the bill. The Chair moved that HB 1254 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lindsay moved HB 1254 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 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 3170 and recognized the Senate sponsor, Senator Patterson, to explain the bill. Senator Moncrief sent up a committee substitute; the Chair recognized Senator Patterson 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 HB 3170 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Galloway moved adoption of the committee substitute, without objection, it was so ordered. Senator Galloway moved that HB 3170 do not pass but that CSHB 3170 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, 1 present not voting, and 1 absent. Senator Shapiro moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 3134 and recognized Senator Moncrief, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3134 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Moncrief moved HB 3134 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. The Chair laid out HB 1242 and recognized Senator Moncrief, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1242 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Lindsay moved HB 1242 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. The Chair laid out HB 2141 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. The Chair moved that HB 2141 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 2141 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 subcommittee report on SB 1434 was laid out by Senator Lucio, Jr.. Senator Lucio read a statement by Senator Madla, Chair of the Subcommittee, who was unable to attend the meeting. Senator Moncrief sent up a committee substitute; the Chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Moncrief moved to reopen public testimony; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved to close public testimony, without objection, it was so ordered. Senator Lucio, Jr. moved that SB 1434 be left pending; without objection, it was so ordered. The Chair laid out HB 3025 and recognized the Senate sponsor, Senator Moncrief, to explain the bill. At 2:37 pm Senator Gallegos, Jr. assumed the chair. Senator Moncrief sent up Committee Amendment 1 and explained the amendment. At 2:38 pm Senator Lucio, Jr. resumed the chair. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3025 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Moncrief moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Moncrief moved that HB 3025, 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 Galloway moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 1138 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1138 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 1138 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out SB 982 and recognized the author, Senator Gallegos, Jr., to explain 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. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 982 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 Gallegos, Jr. moved that SB 982 do not pass but that CSSB 982 be reported back to the Senate with the recommendation that it do pass and be printed. The motion failed by a vote of 5 ayes, 5 nays, 0 present not voting, and 1 absent. The Chair laid out HB 2964 and recognized the Senate sponsor, Senator Nixon, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Cain sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Cain moved that HB 2964, 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 to reconsider the original vote by which the measure had passed to allow Senator Cain to amend the bill. There being no objection, it was so ordered. At 3:15 pm Senator Galloway assumed the chair. The Chair laid out HB 2071 and HJR 83 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. Senator Lucio, Jr. sent up Committee Amendment 1 to HB 2071 and moved adoption; without objection, the amendment was adopted. Witnesses testifying and registering on the bill are shown on the attached list. Senator Lucio, Jr. moved that HB 2071, 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. Senator Lucio, Jr. moved that HER 83 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. At 3:27 pm Senator Lucio, Jr. resumed the chair. The Chair laid out HB 2696 and recognized Senator Moncrief, in the absence of the Senate sponsor, to explain the bill. Senator Moncrief moved that HB 2696 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 Moncrief moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 2832 and recognized Senator Moncrief, in the absence of the Senate sponsor, to explain the bill. Senator Moncrief moved that HB 2832 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. The Chair laid out HB 3043 and recognized Senator Moncrief, in the absence of the Senate sponsor, to explain the bill. Senator Moncrief moved that HB 3043 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. The Chair laid out HB 996 and recognized Senator Ogden, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ogden moved that HB 996 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 2179 and recognized the Senate sponsor, Senator Galloway, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Galloway moved that HB 2179 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. At 3:45 pm, the Chair moved that the committee stand at ease until 4:15 pm to allow absent members to cast their vote. No action was taken on SB 981 or SJR 40. There being no further business, at 4:15 pm Senator Shapiro 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