MINUTES 
          
                        SENATE COMMITTEE ON STATE AFFAIRS 
                             Thursday, April 3, 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, April 3, 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 2:50 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 784 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Senator Cain sent up CSSB 784 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 Gallegos, Jr. moved that CSSB 784 be reported  
         favorably to the full Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a vote of 13  
         ayes, 0 nays, 0 present not voting, and 0 absent.   
          
         The Chair laid out SCR 55 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Senator Nixon moved that SCR 55 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Nixon moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar, without objection, it was  
         so ordered.   
          
         The Chair laid out SB 897 and recognized the author, Senator  
         Shapleigh, to explain the bill.   
          
         Senator Armbrister sent up Committee Amendment 1 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 Nixon moved that SB 897, 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 13  
         ayes, 0 nays, 0 present not voting, and 0 absent.   
          
         The Chair laid out SB 1519 and recognized the author, Senator  
         Ellis, 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.  Senator Ellis  
         moved adoption of the committee substitute, without objection,  
         it was so ordered. 
          
         Senator Ellis moved that CSSB 1519 be reported favorably to  
         the full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Ellis moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar, without objection, it was  
         so ordered.   
          
         The 24 hour posting rule was suspended to take up and consider  
         SB 1768.  The Chair laid out SB 1768 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 moved that SB 1768 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, 3 nays, 0  
         present not voting, and 0 absent.   
  
         The Chair laid out SB 1581 and recognized the author, Senator  
         Carona, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Carona moved that SB 1581 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Carona moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         At 3:15 pm Senator Cain assumed the chair.   
          
         The Chair laid out SB 365 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         Senator Armbrister sent up Committee Amendment 1 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 moved that SB 365, 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 13  
         ayes, 0 nays, 0 present not voting, and 0 absent.   
          
         The Chair laid out SB 1273 and recognized the author, Senator  
         Armbrister, 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 1273 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 Armbrister moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         At 3:25 pm Senator Armbrister resumed the chair.   
          
         The Chair laid out SB 1133 and recognized the author, Senator  
         Sibley, to explain the bill.   
          
         Senator Cain sent up CSSB 1133 and moved adoption, without  
         objection, the 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 1133 be reported favorably to  
         the full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         The Chair laid out SB 1904 and recognized the author, Senator  
         Sibley, 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 SB 1904 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 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 SB 1630 and recognized the author, Senator  
         Duncan, to explain the bill.   
          
         Senator Galloway sent up CSSB 1630 and moved adoption, without  
         objection, the substitute was adopted. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Shapiro moved that CSSB 1630 be reported favorably to  
         the full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         At 3:40 pm Senator Galloway assumed the chair.   
          
         The Chair laid out SB 1268 and recognized the author, Senator  
         Armbrister, 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 1268 be reported favorably to  
         the full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Armbrister moved that the bill be recommended for  
  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         The Chair laid out SB 1271 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Armbrister sent up Committee Amendment 1 and moved  
         adoption; without objection; the amendment was adopted. 
          
         Senator Fraser sent up Committee Amendment 2 and moved  
         adoption; without objection; the amendment was adopted. 
          
         Senator Armbrister moved that SB 1271, 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 12  
         ayes, 0 nays, 0 present not voting, and 1 absent.   
          
         Senator Lindsay requested unanimous consent to be shown voting  
         aye on SB 1271.  There being no objection, the motion  
         prevailed. 
          
         Senator Armbrister resumed the chair at 4:30 pm. 
          
         The Chair laid out SB 1702 and recognized the author, Senator  
         Ogden, to explain the bill.   
          
         Senator Nixon moved that SB 1702 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Galloway assumed the chair at 4:35 pm. 
          
         The Chair laid out SB 486 and recognized Senator Armbrister,  
         in the absence of the author, to explain the bill.   
          
         Senator Armbrister sent up CSSB 486 and  moved adoption,  
         without objection, the committee substitute was adopted. 
          
         Senator Armbrister sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Galloway 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 Galloway requested unanimous consent to incorporate  
         amendments into the committee substitute.  Senator Galloway  
         then moved that the new committee substitute be adopted.   
         Senator Galloway moved that SB 486 do not pass but that CSSB  
  
         486 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, 2 nays, 0 present not voting, and 0 absent.   
          
         The Chair laid out SB 1852 and recognized the author, Senator  
         Armbrister, 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 1852 be left pending; without  
         objection, it was so ordered. 
          
         At 4:50 pm Senator Armbrister resumed the chair.   
          
         The Chair brought up SB 500 from pending business. 
          
         Senator Nixon sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Nixon moved that SB 500, 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, 3 nays, 0 present not voting, and 0 absent.   
          
         Senator Nixon assumed the chair at 5:15 pm. 
          
         The Chair brought up SB 965 from pending business. 
          
         Senator Armbrister sent up Committee Amendment 6 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Armbrister requested unanimous consent to incorporate  
         amendments into the substitute.  There being no objection, the  
         motion prevailed. 
          
         Senator Armbrister moved that CSSB 965 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.   
          
         At 6:00 pm Senator Armbrister resumed the chair. 
          
          The Chair brought up SB 358 from pending business. 
          
         Senator Nixon moved that Committee Amendment 1 be  
         re-considered.  There being no objection, the motion  
         prevailed.  Senator Gallegos offered an amendment to Amendment  
         1 and moved adoption.  There being no objection, the motion  
         prevailed.  Senator Nelson then moved that the amendment to  
         Amendment 1 be rolled into Amendment 1.  There being no  
         objection, the  motion carried.  Senator Nelson then moved to  
         adopt Amendment 1, as amended.  There being no objection, the  
         motion prevailed. 
          
         Senator  Carona sent up Committee Amendment 3 and moved  
         adoption.  The motion carried with a vote of 7 ayes, 6 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Carona sent up Committee Amendment 4 and moved  
         adoption.  The motion carried with a vote of 9 ayes, 4 nays, 0  
         present not voting, and 0 absent. 
          
         Senator Gallegos sent up Committee Amendment 5 and moved  
         adoption.  Senator Luna then sent  up a technical amendment to  
         Amendment 5 and moved adoption.  There being no objection, the  
         motion carried.  Senator Gallegos then moved that Committee 5,  
         as amended, be adopted.  The motion carried with a vote of 11  
         ayes, 2 nays, 0 present not voting, and 0 absent. 
          
         Senator Gallegos sent up Committee Amendment 6 and moved  
         adoption.  The motion carried with a vote of 11 ayes, 2 nays,  
         0 present not voting, and 0 absent. 
          
         Senator Nixon sent up Committee Amendment 7 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Nixon sent up Committee Amendment 8 and moved  
         adoption.  The motion failed with a vote of 5 ayes, 8 nays, 0  
         present not voting, and 0 absent. 
          
         Senator Nelson moved that SB 358, 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 13  
         ayes, 0 nays, 0 present not voting, and 0 absent.   
          
         The Chair advised that SB 1482 had been tagged pursuant to  
         Senate Rule 11.20 and would not be heard. 
          
         No action was taken on SB 986 and SB 1752. 
          
         There being no further business, at 7:30 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