MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Tuesday, April 8, 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 Tuesday, April 8, 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 2:40 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
none.
Senator Nixon was Chair.
The Chair laid out SB 1153 and recognized the author, Senator
Brown, 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 1153 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, Fraser and Lindsay requested unanimous consent
to be shown voting aye on SB 1153. There being no objection,
the motion prevailed.
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 1204 and recognized the author, Senator
Lucio, Jr., 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 1204 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, Fraser, and Lindsay requested unanimous
consent to be shown voting aye on SB 1204. There being no
objection, the motion prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1633 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.
At the request of the author, SB 1633 was left pending.
The Chair laid out SB 888 and recognized the author, Senator
Harris, 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 sent up Committee Amendment 2 and moved adoption;
without objection, the amendment was adopted.
Senator Carona moved that SB 888, 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 Nixon, Fraser and Lindsay requested unanimous consent
to be shown voting aye on SB 888. There being no objection,
the motion carried.
The Chair laid out SB 1613 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
At the request of the author, SB 1613 was left pending.
The Chair laid out SB 1755 and recognized the author, Senator
Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that SB 1755 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, Fraser and Lindsay requested unanimous consent
to be shown voting aye on SB 1755. There being no objection,
the motion prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1756 and recognized the author, Senator
Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that SB 1756 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, Fraser and Lindsay requested unanimous consent
to be shown voting aye on SB 1756. There being no objection,
the motion prevailed.
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 719 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 Shapiro moved that SB 719 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion failed by a vote of 3 ayes, 7 nays, 0
present not voting, and 3 absent.
Senator Fraser requested unanimous consent to be shown voting
nay on SB 719. There being no objection, the motion
prevailed.
The Chair laid out SB 1631 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 Ellis moved that SB 1631 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 122 and recognized the author, Senator
Bivins, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Bivins to explain the difference between
the committee substitute and the bill as filed. Senator
Nelson 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.
Senator Nelson moved that SB 122 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 9 ayes, 1 nay, 0
present not voting, and 3 absent.
Senators Nixon requested unanimous consent to be shown voting
nay on SB 122. Senators Fraser and Lindsay requested
unanimous consent to be shown voting aye on SB 122. There
being no objection, the motions prevailed.
The Chair laid out SB 457 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.
At the request of the author, SB 457 was left pending.
The Chair laid out SB 159 and recognized the author, Senator
Haywood, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Haywood to explain the difference between
the committee substitute and the bill as filed. Senator
Nelson 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..
Senator Nelson moved that SB 159 do not pass but that CSSB 159
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 Fraser and Lindsay requested unanimous consent to be
shown voting aye on CSSB 159. Thee being no objection, the
motion prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 457 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.
At the request of the author, SB 457 was left pending.
The Chair laid out SB 577 and recognized the author, Senator
Haywood, to explain the bill.
Senator Nelson sent up a committee substitute; the Chair
recognized Senator Haywood 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.
At the request of the author, SB 577 was left pending.
The Chair laid out SB 761 and recognized the author, Senator
Gallegos, Jr., to explain the bill.
Senator Gallegos sent up CSSB 761 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 Gallegos moved that SB 761 do not pass but that CSSB
761 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 8 ayes, 4 nays, 0 present not voting, and 1 absent.
The Chair laid out SB 573 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Carona sent up a committee substitute; the Chair
recognized Senator Wentworth to explain the difference between
the committee substitute and the bill as filed.
Senator Cain 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 Carona moved that SB 573 do not pass but that CSSB
573, as amended, 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 Lindsay requested unanimous consent to be shown voting
aye on CSSB 573. There being no objection, the motion
prevailed.
Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 5:10 pm Senator Gallegos, Jr. assumed the chair.
The Chair laid out SB 1580 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 5:15 pm Senator Whitmire assumed the chair.
Senator Carona moved that SB 1580 do not pass but that CSSB
1580 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 8 ayes, 4 nays, 0 present not voting, and 1 absent.
The Chair laid out SB 1903 and recognized Senator Carona, 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 Ellis moved that SB 1903 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 1903. There being no objection, the motion
prevailed.
The Chair laid out SB 841 and recognized the author, Senator
Cain, to explain the bill.
Senator Cain sent up a committee substitute; the Chair
recognized Senator Cain 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.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Cain moved that SB 841 do not pass but that CSSB 841
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.
The Chair laid out SJR 43 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 SJR 43 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.
The Chair laid out SB 1544 and recognized the author, Senator
Ogden, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Shapiro moved that SB 1544 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 Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 6:35 pm Senator Shapiro assumed the chair.
The Chair laid out SB 1170 and recognized Senator Carona, in
the absence of the author, to explain the bill.
Senator Nelson moved that SB 1170 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 1170. There being no objection, the motion
prevailed.
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 366 and recognized Senator Whitmire, 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.
At the request of the author, SB 366 was left pending.
At 7:15 pm Senator Nixon assumed the chair.
The Chair laid out SB 1460 and recognized Senator Cain, in the
absence of the author, to explain the bill.
Senator Cain sent up a committee substitute; the Chair
recognized Senator Cain 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.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 1460 do not pass but that
CSSB 1460 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 Lindsay requested unanimous consent to be shown voting
aye on CSSB 1460. There being no objection, the motion
prevailed.
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 605 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Armbrister sent up a committee substitute; the Chair
recognized Senator Armbrister 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 Armbrister sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister requested unanimous consent to incorporate
the amendment into the committee substitute. There being no
objection, the motion carried. Senator Armbrister then moved
that the committee substitute, as amended, be adopted. There
being no objection, the motion carried. Senator Armbrister
moved that SB 605 do not pass but that CSSB 605 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 Fraser and Lindsay requested unanimous consent to be
shown voting aye on CSSB 605. There being no objection, the
motion prevailed.
Senator Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 7:25 pm Senator Armbrister assumed the chair.
The Chair brought up SB 735 from pending. Senator Cain sent
up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted.
Senator Cain moved that SB 735 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 Fraser, Lindsay and Whitmire requested unanimous
consent to be shown voting aye on SB 735. There being no
objection, the motion prevailed.
No action was taken on SB 525, 765, 1066, 1104, and 1853.
There being no further business, at 7:35 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