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
______________________