MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Saturday, May 17, 1997
12:30 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 Saturday, May 17, 1997 in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister Senator Florence
Shapiro
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 John Whitmire
*****
The Chair called the meeting to order at 12:45 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 HB 2880 and recognized the Senate sponsor,
Senator Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 2880 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 2880 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 HB 2086 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
Senator Cain sent up a committee substitute; the Chair
recognized Senator Lucio, Jr. 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 Nixon moved that HB 2086 do not pass but that CSHB
2086 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 HB 685 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
The Chair moved that HB 685 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nixon moved HB 685 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 HJR 104 and recognized the Senate sponsor,
Senator Ogden, to explain the bill.
The Chair moved that HJR 104 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HJR 104 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 HB 3063 and recognized Senator Nixon, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 3063 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 3063 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 882 and recognized the Senate sponsor,
Senator Nelson, to explain the bill.
The Chair moved that HB 882 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nixon moved HB 882 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 Galloway moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 1:30 pm Senator Nixon assumed the chair.
The Chair laid out HB 2887 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
The Chair moved that HB 2887 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Whitmire moved HB 2887 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 131 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 131 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis moved HB 131 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HB 298 was tagged and the tag was lifted by the tag author in
order to hear the bill.
The Chair laid out HB 298 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
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.
The Chair moved that HB 298, as amended, be left pending to
await a quorum; without objection it was so ordered. Upon
arrival of a quorum, Senator Ellis moved HB 298, 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 2493 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 2493 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Carona moved HB 2493 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 Gallegos, Jr. moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 297 and recognized the Senate sponsor,
Senator Galloway, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 297 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Carona moved HB 297 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 Galloway moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
HJR 31 was tagged, but the tag was ruled invalid by the
parliamentarian.
The Chair laid out HJR 31 and recognized the Senate sponsors,
Senator Harris and Senator Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HJR 31 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis moved HJR 31 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, 1 nay, 2 present not
voting, and 3 absent.
The Chair laid out HB 1188 and recognized the Senate sponsors,
Senator Patterson and Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 1188 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved HB 1188 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, 1 nay, 2 present not
voting, and 3 absent.
At 2:10 pm Senator Armbrister resumed the chair.
The Chair laid out HB 1001 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
TheChair moved that HB 1001 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a
quorum, Senator Nixon moved HB 1001 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, a nd 1 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 HB 273 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.
The Chair moved that HB 273 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nixon moved HB 273 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 HB 3092 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.
The Chair moved that HB 3092 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 3092 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 3048 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.
The Chair moved that HB 3048 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 3048 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 17 and recognized the Senate sponsor,
Senator Bivins, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 17 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nixon moved HB 17 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 2067 and recognized the Senate sponsor,
Senator Bivins, to explain the bill.
The Chair moved that HB 2067 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 2067 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 951 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 951 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Nixon moved HB 951 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 HB 3157 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 3157 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 3157 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 HB 2380 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
The Chair moved that HB 2380 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 2380 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 399 and recognized Senator Carona, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 399 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Carona moved HB 399 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 Carona moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1572 and recognized the Senate sponsor,
Senator Luna, to explain the bill.
The Chair moved that HB 1572 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 1572 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.
The Chair laid out HB 2328 and recognized the Senate sponsor,
Senator Lindsay, to explain the bill.
The Chair moved that HB 2328 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 2328 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.
At 2:50 pm Senator Carona assumed the chair.
The Chair laid out HB 3569 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 3569 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 3569 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 3576 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
The Chair moved that HB 3576 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 3576 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 1048 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
The Chair moved that HB 1048 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved HB 1048 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 3:05 pm Senator Armbrister resumed the chair.
Senator Carona moved to reconsider the vote by which HB 2522
previously failed.
Senator Luna moved that HB 2522 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.
The Chair brought up HB 1899 from pending business.
Senator Gallegos, Jr. moved that HB 1899 be reported favorably
to the full 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 Gallegos, Jr. moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair brought up HB 1285 from pending business.
Senator Carona moved that HB 1285, 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 11
ayes, 0 nays, 0 present not voting, and 2 absent.
The Chair brought up HB 1418 from pending business.
Senator Nixon sent up a committee substitute for HB 1418 and
moved adoption; without objection, the substitute was adopted.
Senator Nixon moved that HB 1418 do not pass but that CSHB
1418 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.
At 3:20 pm Senator Nixon assumed the chair.
HB 3515 was tagged and the tag was lifted by the tag author in
order to hear the bill.
The Chair laid out HB 3515 and recognized Senator Armbrister,
in the absence of the Senate sponsor, 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 HB 3515 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 Armbrister moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair advised that HB 159 had been tagged pursuant to
Senate Rule 11.20 and would not be heard.
The Chair advised that HB 1051 had been tagged pursuant to
Senate Rule 11.20 and would not be heard.
The Chair advised that HB 3512 had been tagged pursuant to
Senate Rule 11.20 and would not be heard.
No action was taken on HB 1918, HB 2784, and HB 2971.
There being no further business, at 3:35 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