MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, April 17, 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 17, 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 1:55 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 835 and recognized the author, Senator
Nixon, to explain the bill.
Senator Nixon 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 835, 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.
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 924 and recognized the author, Senator
Nixon, to explain the bill.
Senator Nixon sent up a committee substitute; the Chair
recognized Senator Nixon to explain the difference between the
committee substitute and the bill as filed. Senator Nixon
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 Nixon moved that SB 924 do not pass but that CSSB 924
be reported back to the 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 765 and recognized Senator Nixon, in the
absence of the author, to explain the bill.
Senator Nixon 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 765, 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.
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 773 and recognized the author, Senator
Lindsay, to explain the bill.
Senator Lindsay sent up a committee substitute; the Chair
recognized Senator Lindsay to explain the difference between
the committee substitute and the bill as filed. Senator
Lindsay 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 Ellis moved that SB 773 do not pass but that CSSB 773
be reported back to the 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 Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 2:30 pm Senator Nixon assumed the chair.
The Chair laid out SB 379 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Senator Nixon moved that SB 379 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 371 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.
Senator Armbrister sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Gallegos sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Gallegos sent up Committee Amendment 4 and moved
adoption; without objection, the amendment was adopted.
Senator Gallegos sent up Committee Amendment 5 and moved
adoption; without objection, the amendment was adopted.
Senator Gallegos sent up Committee Amendment 6 and moved
adoption; without objection, the amendment was adopted.
Senator Armbrister moved that SB 371 be left pending; without
objection, it was so ordered.
At 3:45 pm Senator Armbrister resumed the chair.
The Chair laid out SB 1097 and recognized the author, Senator
Wentworth, 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 1097 be left pending; without
objection, it was so ordered.
The Chair laid out SB 478 and recognized the author, Senator
Shapiro, to explain the bill.
Senator Shapiro moved that SB 478 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 96 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.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Ellis moved that SB 96 do not pass but that CSSB 96 be
reported back to the 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 Chair laid out SB 1412 and recognized the author, Senator
Ellis, 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 1412 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 Chair laid out SB 658 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 Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Cain 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 658 do not pass but that CSSB 658 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, 1 present not voting, and 0 absent.
At 4:30 pm Senator Gallegos, Jr. assumed the chair.
The Chair laid out SB 1171 and recognized the author, Senator
Galloway, to explain the bill.
Senator Galloway sent up a committee substitute; the Chair
recognized Senator Galloway to explain the difference between
the committee substitute and the bill as filed.
Senator Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Gallegos, Jr. sent up Committee Amendment 2 and moved
adoption. Senator Galloway objected to the adoption of the
amendment. Senator Gallegos, Jr.'s motion carried with a vote
of
5 ayes, 2 nays, 0 present not voting, and 6 absent.
Senator Galloway moved that the amendments be rolled into the
body of CSSB 1171. There being no objection, the motion
prevailed.
Senator Galloway then moved that CSSB 1171 be adopted. There
being no objection, the motion prevailed.
Senator Nixon moved to reconsider the vote by which the
committee substitute was adopted. There was objection. The
motion to reconsider carried with a vote of 7 ayes, 5 nays, 0
present not voting, and 1 absent.
Senator Nixon moved to reconsider the vote by which Amendment
2 was adopted. There was objection. The motion to reconsider
the vote on Amendment 2 carried with a vote of 8 ayes, 4 nays,
1 present not voting, and 0 absent.
Senator Gallegos moved the adoption of Committee Amendment 2.
Senator Galloway moved to table Committee Amendment 2. The
vote was taken on the motion to table the amendment. The
motion to table prevailed with a vote of 8 ayes, 5 nays, 0
present not voting, and 0 absent.
Senator Galloway moved adoption of CSSB 1171, as amended.
There being no objection, the motion prevailed. Senator
Galloway then moved to roll the committee amendment into the
body of the committee substitute. There being no objection,
the motion prevailed.
Senator Galloway moved that SB 1171 do not pass but that CSSB
1171 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, 5 nays, 0 present not voting, and 0 absent.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
At 4:45 pm Senator Nixon assumed the chair.
The Chair laid out SB 1748 and recognized the author, Senator
Galloway, to explain the bill.
Senator Galloway sent up a committee substitute; the Chair
recognized Senator Galloway 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 Ellis sent up Committee Amendment 2. There was
objection from the author on adoption of Committee Amendment
2. The adoption of the amendment failed with a record vote of
6 ayes, 7 nays, 0 present not voting, and 0 absent.
Senator Galloway requested unanimous consent to incorporate
amendments into the committee substitute. Senator Galloway
then moved that the new committee substitute be adopted.
There being no objection, the motion prevailed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Galloway moved that SB 1748 do not pass but that CSSB
1748 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 7 ayes, 5 nays, 0 present not voting, and 1 absent.
At 6:35 pm Senator Armbrister resumed the chair.
The Chair brought up SB 1069 from pending business.
Senator Luna made a motion to pull down CSSB 1069 and
Committee Amendment 1 previously introduced. There being no
objection, the motion prevailed.
Senator Luna sent up a committee substitute; the Chair
recognized Senator Moncrief 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 Galloway moved that SB 1069 do not pass but that CSSB
1069 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 Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
No action was taken on SB 1240, 1526, 1343, and 1647.
The Chair advised that SB 1905 had been tagged pursuant to
Senate Rule 11.20 and would not be heard.
There being no further business, at 6:15 pm Senator Armbrister
moved that the Committee be adjourned. Without objection, it
was so ordered.
______________________
Senator Kenneth Armbrister, Chair
______________________
Kelly Gilbert, Clerk