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