MINUTES SENATE COMMITTEE ON STATE AFFAIRS Thursday, March 13, 1997 1:30 pm Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on State Affairs was held on Thursday, March 13, 1997 in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister None Senator Drew Nixon Senator David Cain Senator John Carona Senator Rodney Ellis Senator Troy Fraser Senator Mario Gallegos, Jr. Senator Michael Galloway Senator Jon Lindsay Senator Gregory Luna Senator Jane Nelson Senator Florence Shapiro Senator John Whitmire ***** The Chair called the meeting to order at 1:40 pm. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: none. The Chair laid out SB 259 and recognized the author, Senator Moncrief, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Nixon sent up a committee substitute; the Chair recognized Senator Moncrief to explain the difference between the committee substitute and the bill as filed. Senator Nixon sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Nixon sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. There being no objection, the motion prevailed. Senator Fraser offered Committee Amendment 3 and moved adoption of the amendment. There was objection to the adoption of the amendment. The motion failed with the following record vote. The motion failed by a vote of 5 ayes, 5 nays, 1 present not voting, and 2 absent. Senator Nixon requested unanimous consent to incorporate amendments into the committee substitute. Senator Nixon then moved that the new committee substitute be adopted. There being no objection, the motion prevailed. Senator Carona moved that SB 259 do not pass but that CSSB 259 be reported back to the Senate with the recommendation that it do pass and be printed. There being objection, the motion carried with a vote of 9 ayes, 1 nay, 1 present not voting, and 2 absent. Senators Nelson and Shapiro requested unanimous consent to be shown voting aye on CSSB 259. There being no objection, the motion prevailed. The Chair laid out SB 665 and recognized the author, Senator Haywood, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Shapiro sent up CSSB 665 and moved adoption. Without objection, the committee substitute was adopted. There was no vote taken on CSSB 665 pending a new fiscal note. The Chair laid out SCR 32 and recognized the author, Senator Haywood, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Ellis moved that SCR 32 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 3 absent. Senator Ellis requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. Senators Gallegos, Nelson and Shapiro requested unanimous consent to be shown voting aye on SCR 32. There being no objection, the motion prevailed. The Chair laid out SB 454 and recognized the author, Senator Duncan, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Nixon moved that SB 454 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 3 absent. Senators Gallegos, Nelson and Shapiro requested unanimous consent to be shown voting aye on SB 454. There being no objection, the motion prevailed. Senator Fraser requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 721 and recognized the author, Senator Duncan, to explain the bill. Senator Carona sent up CSSB 721 and moved adoption, without objection, the committee substitute was adopted. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Fraser moved that SB 721 do not pass but that CSSB 721 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 2 absent. Senators Nelson and Shapiro requested unanimous consent to be shown voting aye on CSSB 721. There being no objection, the motion prevailed. The Chair laid out SB 944 and recognized the author, Senator Whitmire, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Whitmire sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Whitmire sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Nixon offered Committee Amendment 3 and moved adoption. There was objection to the adoption of the amendment. The motion failed with the following record vote. The motion failed by a vote of 1 aye, 9 nays, 0 present not voting, and 3 absent. Senator Nixon offered Committee Amendment 4 and moved adoption. There was objection to the adoption of the amendment. The motion failed with the following record vote. The motion failed by a vote of 3 ayes, 7 nays, 0 present not voting, and 3 absent. Senator Nixon offered Committee Amendment 5 and moved adoption. There was objection to the adoption of the amendment. The motion failed with the following record vote. The motion failed by a vote of 3 ayes, 7 nays, 0 present not voting, and 3 absent. Senator Whitmire moved that SB 944 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 3 absent. Senators Nelson and Shapiro requested unanimous consent to be shown voting nay on SB 944. There being no objection, the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on SB 944. There being no objection, the motion prevailed. The Chair laid out SB 935 and recognized the author, Senator Madla, to explain the bill. Senator Luna sent up CSSB 935 and moved adoption, without objection, the committee substitute was adopted. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. At 6:45 pm Senator Nixon assumed the chair. At 6:50 pm Senator Armbrister resumed the chair. Senator Whitmire moved that SB 935 do not pass but that CSSB 935 be reported back to the Senate with the recommendation that it do pass and be printed. There being objection, the motion carried with a vote of 8 ayes, 2 nays, 0 present not voting, and 3 absent. Senators Fraser and Nelson requested unanimous consent to be shown voting nay on CSSB 935. There being no objection, the motion prevailed. The Chair laid out SB 513 and recognized the author, Senator Madla, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Cain moved that SB 513 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 3 absent. Senators Nelson and Shapiro requested unanimous consent to be shown voting aye on SB 513. There being no objection, the motion prevailed. The Chair brought up CSSB 509 from pending business. Senator Nixon moved that CSSB 509 be reported favorably to the full 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 5 absent. Senators Ellis, Fraser, Lindsay, Nelson and Shapiro requested unanimous consent to be shown voting aye on SB 509. There being no objection, the motion prevailed. Senator Nixon requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. At 7:05 pm Senator Nixon assumed the chair. The Chair laid out SB 681 and recognized Senator Armbrister to explain the bill. Senator Armbrister sent up CSSB 681. Senator Armbrister 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. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Armbrister requested unanimous consent to incorporate amendments into the committee substitute and without objection, the motion prevailed. Senator Armbrister then moved that the new committee substitute be adopted and without objection, the motion prevailed. Senator Armbrister moved that SB 681 do not pass but that CSSB 681 be reported back to the Senate 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 5 absent. Senators Fraser, Nelson and Shapiro requested unanimous consent to be shown voting aye on CSSB 681. There being no objection, the motion prevailed. At 7:40 pm Senator Armbrister resumed the chair. The Chair brought up CSSB 214 and CSSJR 14 from pending business. Senator Nixon moved that CSSB 214 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, 0 nays, 0 present not voting, and 6 absent. Senators Cain, Fraser, Nelson and Shapiro requested unanimous consent to be shown voting aye on CSSB 214. There being no objection, the motion prevailed. Senator Luna requested unanimous consent to be shown voting nay on CSSB 214. There being no objection, the motion prevailed. Senator Nixon moved that CSSJR 14 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, 0 nays, 0 present not voting, and 6 absent. Senators Cain, Fraser, Nelson and Shapiro requested unanimous consent to be shown voting aye on CSSJR 14. There being no objection, the motion prevailed. Senator Luna requested unanimous consent to be shown voting nay on CSSJR 14. There being no objection, the motion prevailed. At 7:45 pm Senator Nixon assumed the chair. The Chair laid out SB 827 and recognized Senator Armbrister, in the absence of the author, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Armbrister Committee offered Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Armbrister moved that SB 827 as amended 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, 0 nays, 0 present not voting, and 6 absent. Senator Fraser requested unanimous consent to be shown voting aye on SB 827. There being no objection, the motion prevailed. The Chair laid out SB 828 and recognized Senator Armbrister, in the absence of the author, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Public testimony was closed. Senator Armbrister moved that SB 828 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion failed with a vote of 5 ayes, 2 nays, 0 present not voting, and 6 absent. Senators Nelson and Shapiro requested unanimous consent to be shown voting nay on SB 828. There being no objection, the motion prevailed. Senator Fraser requested unanimous consent to be shown voting aye on SB 828. There being no objection, the motion prevailed. At 7:50 pm Senator Armbrister resumed the chair. No action was taken on SB 605, 719, 856 and 864. There being no further business, at 7:55 pm Senator Armbrister moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator Kenneth Armbrister, Chair ______________________