MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, February 25, 1999
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 Thursday, February 25, 1999 in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Florence Shapiro Senator J.E. Brown
Senator Eliot Shapleigh
Senator David Bernsen
Senator David Cain
Senator Tom Haywood
Senator Eddie Lucio, Jr.
Senator Drew Nixon
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 11:50 am. There being
a quorum present, the following business was transacted.
The Chair introduced the new staff members in the Committee
and then referred the following bill to the Standing
Subcommittee on Infrastructure.
SB 618 by Harris
The following members arrived after the roll was called:
Senator Shapleigh, Senator Cain, Senator Lucio, Senator Nixon
and Senator Wentworth.
The Chair laid out SB 440 and recognized the author, Senator
Moncrief, to explain the bill.
The Chair moved that SB 440 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapleigh moved that SB 440 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, 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 11:55 am Senator Nixon assumed the chair.
The Chair laid out SB 35 and recognized the author, Senator
Shapiro, to explain the bill. Senator Shapiro sent up a
committee substitute; the Chair recognized Senator Shapiro to
explain the difference between the committee substitute and
the bill as filed. Senator Shapiro moved adoption of the
committee substitute, without objection, it was so ordered.
Senator Shapiro sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Shapiro then moved that the new
committee substitute be adopted, without objection, it was so
ordered.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 35 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapiro moved that SB 35 do not pass but that
CSSB 35 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, 0 nays, 0 present not voting, and 1 absent.
At 12:30 pm Senator Shapiro resumed the chair.
The Chair laid out SB 309 and recognized the author, Senator
Nixon, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 309 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, The Chair moved that SB 309 be left pending at the
author's request; without objection, it was so ordered.
The Chair laid out SB 493 and recognized Senator Nixon, in the
absence of the author, 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.
The Chair moved that SB 493 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapleigh moved that SB 493 do not pass but
that CSSB 493 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, 0 nays, 0 present not voting,
and 1 absent.
The Chair laid out SB 138 and recognized the author, Senator
Sibley, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Sibley to explain the difference between
the committee substitute and the bill as filed. Senator
Shapleigh moved adoption of the committee substitute, without
objection, it was so ordered.
At 1:35 pm Senator Shapleigh assumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 1:50 pm Senator Shapiro resumed the chair.
The Chair moved that SB 138 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Wentworth moved that SB 138 do not pass but
that CSSB 138 be reported back to the Senate with the
recommendation that it do pass and be printed. A record vote
was taken and the motion failed, not receiving a majority vote
of the committiee. The bill was left pending with no
objection.
The Chair laid out SB 478 and recognized the author, Senator
Carona, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 478 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapleigh moved that SB 478 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 3 absent. Senator Shapleigh moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 479 and recognized the author, Senator
Carona, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 479 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapleigh moved that SB 479 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 3 absent. Senator Shapleigh moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair recalled pending bill SB 355. Senator Wentworth
moved that SB 355 be reported back to the Senate with the
recommendation that it do pass and be printed. There being no
quorum present, Senator Wentworth withdrew his motion.
The Chair laid out SB 234 and recognized Senator Cain, in the
absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 234 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Lucio moved that SB 234 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 0 nays, 0
present not voting, and 4 absent. Senator Shapleigh moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 117 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Senator Lucio, Jr. sent up Committee Amendment 1. The Chair
advised that all members did not yet have a copy of the
amendment and asked that a motion to adopt be held until all
the members of the committee received a copy of the amendment.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair asked that we suspend public testimony on SB 117 so
that the committee could lay out one final bill and take
action on several others while a quorum was present.
The Chair laid out SCR 16 and recognized the author, Senator
Duncan, to explain the bill.
Senator Lucio, Jr. sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed. Senator
Lucio, Jr. 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.
Senator Lucio, Jr. moved that SCR 16 do not pass but that
CSSCR 16 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 5 ayes, 0 nays, 0 present not voting,
and 4 absent. Senator Shapleigh moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Upon arrival of a quorum, Senator Shapleigh moved that SB 138
do not pass but that CSSB 138 be reported back to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a vote of 5 ayes, 0 nays, 3 present not
voting, and 1 absent.
The Chair called to resume testimony on SB 117.
At 4:40 pm Senator Wentworth assumed the chair.
Senator Lucio moved adoption of Committee Amendment 1, without
objection, it was so ordered. The Chair moved that SB 117 be
left pending, without objection, it was so ordered.
There being no further business, at 5:30 pm Senator Lucio, Jr.
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
__________________
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Senator Florence Shapiro, Chair Cindy R
Nottingham,
Clerk