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