MINUTES
         
                        SENATE COMMITTEE ON STATE AFFAIRS
                            Thursday, March 20, 1997
                                     2:00 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 20, 1997 in the Senate 
         Chamber at Austin, Texas.  
         
                                      *****
         
         MEMBERS PRESENT:                        MEMBERS ABSENT:
         Senator Kenneth Armbrister
         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 2:15 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 735 and recognized the author, Senator 
         West, 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 735 be left pending a new 
         fiscal note; without objection, it was so ordered.
         
         The Chair laid out SB 623 and recognized the author, Senator 
         Ratliff, to explain the bill.  
 
         





         
         Senator Carona sent up a committee substitute; the Chair 
         recognized Senator Ratliff to explain the difference between 
         the committee substitute and the bill as filed.   
         
         Senator Galloway sent up Committee Amendment 1 and  moved 
         adoption; without objection, the amendment was adopted.
         
         Senator Galloway requested unanimous consent to incorporate 
         amendments into the committee substitute.  Senator Galloway 
         then moved that the new committee substitute be adopted.  
         Senator Nelson moved that SB 623 do not pass but that CSSB 623 
         be reported back to the Senate with the recommendation that it 
         do pass and be printed.  The motion carried with a vote of 12 
         ayes, 0 nays, 0 present not voting, and 1 absent.  
         
         Senator Nixon requested unanimous consent to be shown voting 
         aye on CSSB 623.  There being no objection, the motion 
         prevailed.
         
         The Chair brought up  SB 627 from pending business.  Senator 
         Nelson sent up a committee substitute; the Chair recognized 
         Senator Sibley 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. Public  testimony was closed. 
         
         Senator Nelson sent up Committee Amendment 1 and moved 
         adoption; without objection, the amendment was adopted.  
         Senator Galloway requested unanimous consent to incorporate 
         amendments into the committee substitute.  Senator Galloway 
         then moved that the new committee substitute be adopted.  
         Senator Nelson moved that SB 627 do not pass but that CSSB 627 
         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.  
         
         Senator Nixon requested unanimous consent to be shown voting 
         nay on CSSB 627.  There being no objection, the motion 
         prevailed.
         
         The Chair laid out SB 882 and recognized Senator Ellis, in the 
         absence of the author, to explain the bill.  
         
         Senator Ellis sent up a committee substitute; the Chair 
         recognized Senator Ellis 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.  Public testimony was closed.
         
         Senator Ellis sent up Committee Amendment 1 and  moved 
         adoption; without objection, the amendment was adopted.  
         Senator Ellis requested unanimous consent to incorporate 
 
         





         amendments into the committee substitute.  Senator Ellis then 
         moved that the new committee substitute be adopted.  Senator 
         Ellis moved that SB 882 do not pass but that CSSB 882 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 4 absent.  
         
         Senator Ellis requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         Senators Nixon and Carona requested unanimous consent to be 
         shown voting aye on CSSB 882.  There being objection, the 
         motion prevailed.
         
         The Chair laid out SB 856 and recognized Senator Shapleigh to 
         explain the bill.  
         
         Senator Luna sent up a committee substitute; the Chair 
         recognized Senator Luna to explain the difference between the 
         committee substitute and the bill as filed.  Senator Luna 
         moved adoption of the committee substitute, without objection, 
         it was so ordered.
         
         Senator Luna moved that SB 856 do not pass but that CSSB 856 
         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 7 ayes, 3 nays, 0 present not voting, 
         and 3 absent.  
         Senator Nixon requested unanimous consent to be shown voting 
         nay on CSSB 856.  There being no
          objection, the motion prevailed.
         
         Senator Luna requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 927 and recognized the author, Senator 
         Lindsay, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed. 
         
         Senator Lindsay moved that SB 927 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 Nixon, Ellis and Fraser requested  unanimous consent 
         to be shown voting aye on SB 927.  There being no objection, 
         the motion prevailed.
         
         The Chair laid out SB 484 and recognized the author, Senator 
         Moncrief, to explain the bill.  Senator Gallegos, Jr. sent up 
         a committee substitute; the Chair recognized Senator Moncrief 
 
         





         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.  Public testimony was closed.
         
         Senator Gallegos, Jr. sent up Committee Amendment 1 and moved 
         adoption; without objection, the amendment was adopted.  
         
         Senator Gallegos, Jr. requested unanimous consent to 
         incorporate amendments into the committee substitute.  Senator 
         Gallegos, Jr. then moved that the new committee substitute be 
         adopted and without objection the motion prevailed.   Senator 
         Shapiro moved that SB 484 do not pass but that CSSB 484 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 4 absent.  
         
         Senators Nixon, Ellis and Fraser requested unanimous consent 
         to be shown voting aye on CSSB 484.  There being no objection, 
         the motion prevailed.
         
         Senator Gallegos, Jr. requested unanimous consent to certify 
         the bill for Local & Uncontested Calendar; without objection, 
         it was so ordered.  
         
         The Chair laid out SB 271 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.  Public testimony was closed.
         
         Senator Gallegos, Jr. moved that SB 271 do not pass but that 
         CSSB 271 be reported back to the Senate with the 
         recommendation that it do pass and be printed.  There being no 
         objection, it was so moved.  Senator Gallegos, Jr. moved that 
         SB 271 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 Nixon, Carona, Ellis, Lindsay and Shapiro requested 
         unanimous consent to be shown aye on CSSB 271.  There being no 
         objection, the motion prevailed.
         
         Senator Gallegos, Jr. requested unanimous consent to certify 
         the bill for Local & Uncontested Calendar; without objection, 
         it was so ordered.  
         
         The Chair laid out SB 432 and recognized the author, Senator 
 
         





         Lucio, Jr., to explain the bill.  
         
         Senator Gallegos, 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. 
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Cain sent up Committee Amendments 1, 2, 3, and 4 and 
         moved adoption; without objection, the amendments were 
         adopted.  Senator Cain sent up Committee Amendment 5 and then 
         withdrew the amendment.  Senator Gallegos sent up Committee 
         Amendment 6 and moved adoption; without objection, the 
         amendment was adopted.
         
         Senator Gallegos, Jr. requested unanimous consent to 
         incorporate amendments into the committee substitute.  Senator 
         Cain then moved that the new committee substitute be adopted.  
         Senator Cain moved that SB 432 do not pass but that CSSB 432 
         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 3 absent.  
         
         The Chair brought up SB 173 from pending business.  Senator 
         Carona sent up Committee Amendment 1 and moved adoption; 
         without objection, the amendment was adopted.
         
          Senator Carona moved that SB 173, 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.  
         
         The Chair brought up SJR 12 from pending business.  Senator 
         Carona sent up Committee Amendment 1 and moved adoption; 
         without objection, the amendment was adopted.
         
         Senator Carona moved that SJR 12, 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.
         
         The Chair laid out SB 586 and recognized the author, Senator 
         Moncrief, to explain the bill.  
         
         Senator Cain sent up a committee substitute; the Chair 
         recognized Senator Moncrief to explain the difference between 
         the committee substitute and the bill as filed.  Senator Cain 
         moved adoption of the committee substitute, without objection, 
         it was so ordered.
         
         At 4:55 pm Senator Cain assumed the chair.  
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
 
         





         Senator Ellis moved that SB 586 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 Lindsay requested unanimous consent to be shown voting 
         aye on SB 586.  There being no objection, the motion 
         prevailed.
         
          At 5:15 pm Senator Armbrister resumed the chair.  
         
         The Chair laid out HCR 38 and recognized the Senate sponsor, 
         Senator Cain, 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 HCR 38 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 Nixon requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 993 and recognized the author, Senator 
         Cain, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Cain sent up Committee Amendment 1 and  moved 
         adoption; without objection, the amendment was adopted.
         
         Senator Cain moved that SB 993, as amended, be left pending; 
         without objection, it was so ordered.
         
         The Chair laid out SB 855 and recognized the author, Senator 
         Patterson, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Nelson sent up Committee Amendment 1 and moved 
         adoption; without objection, the amendment was adopted.
         
         Senator Ellis moved that SB 855, 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 10 
         ayes, 0 nays, 0 present not voting, and 3 absent.  
         
         Senators Lindsay and Whitmire requested unanimous consent to 
         be shown voting aye on SB 855.  There being no objection, the 
         motion prevailed.
 
         





         
         The Chair laid out SB 945 and recognized the author, Senator 
         Patterson, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Nelson moved that SB 945 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 Lindsay and Whitmire requested unanimous consent to 
         be shown voting aye on SB 945.  There being no objection, the 
         motion prevailed.
         
         Senator Nelson requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 950 and recognized the author, Senator 
         Patterson, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Nelson moved that SB 950 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 Lindsay and Whitmire requested unanimous consent to 
         be shown voting aye on SB 950.  There being no objection, the 
         motion prevailed.
         
         Senator Nelson requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 631 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 Armbrister moved that SB 631 be left pending; without 
         objection, it was so ordered.
         
         The Chair laid out SB 777 and recognized the author, Senator 
         Carona, to explain the bill.  
         
         Senator Carona sent up a committee substitute; the Chair 
         recognized Senator Carona to explain the difference between 
         the committee substitute and the bill as filed.  Senator 
         Carona 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.  Public testimony was closed.
         
         At 6:10 pm Senator Nelson assumed the chair.  
         
         Senator Carona moved that CSSB 777 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 Lindsay requested unanimous consent to be shown voting 
         aye on CSSB 777.  There being no objection, the motion 
         prevailed.
         
         At 6:30 pm Senator Nixon assumed the chair.  
         
         The Chair laid out SB 759 and recognized the author, Senator 
         Armbrister, to explain the bill.  
         
         Senator Armbrister sent up CSSB 759 and moved adoption, with 
         objection, the committee substitute was adopted.   
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Armbrister moved that CSSB 759 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 Lindsay requested unanimous consent to be shown voting 
         aye on CSSB 759.  There being no objection, the motion 
         prevailed.
         
         Senator Armbrister requested unanimous consent to certify the 
         bill for Local & Uncontested Calendar; without objection, it 
         was so ordered.    
         
         The Chair laid out SB 637 and recognized Senator Armbrister, 
         in the absence of the author, to explain the bill.  
         
         Senator Armbrister sent up CSSB 637 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 Nixon moved that CSSB 637 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 Lindsay requested unanimous consent to be shown voting 
 
         





         aye on CSSB 637.  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 6:35 pm Senator Armbrister resumed the chair.  
         
         The Chair brought up SB 665 from pending business.
         
         Senator Shapiro sent up CSSB 665 and moved adoption, without 
         objection, the committee substitute was adopted.  
         
         The Chair moved that CSSB 665 be left pending, it was so 
         ordered.
         
         No action was taken on SB 552 and SB 1031.
         
         There being no further business, at 6:40 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
         ______________________
         Kelly Gilbert, Clerk