MINUTES SENATE COMMITTEE ON STATE AFFAIRS Thursday, April 8, 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, April 8, 1999 in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Florence Shapiro None Senator Eliot Shapleigh Senator David Bernsen Senator J. E. Brown Senator David Cain Senator Tom Haywood Senator Eddie Lucio, Jr. Senator Drew Nixon Senator Jeff Wentworth ***** The Chair called the meeting to order at 1:00 pm. There being a quorum present, the following business was transacted. The following members arrived after the roll was called: Senator Wentworth, Senator Brown, Senator Bernsen and Senator Haywood. Senator Lucio moved that the minutes from the April 6, 1999, State Affairs Committee meeting be approved. There being no objection, the minutes were approved. The Chair recalled the following bills from the Standing Subcommittee on Infrastructure: SB 1528 by Carona SB 1529 by Carona The subcommittee report on SB 1446 was laid out by the Chair. Senator Cain was recognized to explain the bill. Senator Cain moved adoption of the subcommittee report. There being no objection, it was so ordered. Senator Cain moved that SB 1446 be reported favorably 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 subcommittee report on SB 1794, as amended was laid out by the Chair. Senator Cain moved adoption of the subcommittee report. There being no objection, it was so ordered. Senator Cain moved that SB 1794, 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 8 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The subcommittee report on CSSB 555 was laid out by the Chair. Senator Cain moved adoption of the subcommittee report. There being no objection, it was so ordered. Senator Cain moved that SB 555 do not pass but that CSSB 555 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 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 1327 and recognized the author, Senator Gallegos, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Lucio, Jr. moved that SB 1327 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 1785 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Shapleigh sent up a committee substitute; the Chair recognized Senator Gallegos, Jr. 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Shapiro moved that CSSB 1785 be left pending; without objection, it was so ordered. The Chair laid out SB 1419 and recognized the author, Senator Lucio, Jr., to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Lucio, Jr. moved that SB 1419 be reported favorably 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 1390 and recognized the author, Senator Shapleigh, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Shapiro moved that SB 1390 be left pending; without objection, it was so ordered. The Chair laid out SB 1345 and recognized the author, Senator Brown, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 1:50 pm Senator Shapleigh assumed the chair. The Chair moved that SB 1345 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Brown moved that SB 1345 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, 2 nays, 0 present not voting, and 0 absent. At 2:25 pm Senator Shapiro resumed the chair. The Chair laid out SJR 37 and recognized the author, Senator Harris, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Shapleigh moved that SJR 37 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out SJR 41 and recognized the author, Senator Madla, to explain the bill. Senator Shapleigh sent up a committee substitute; the Chair recognized Senator Madla 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Shapleigh moved that SJR 41 do not pass but that CSSJR 41 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out SB 1097 and recognized the author, Senator Nixon, to explain the bill. Senator Nixon moved that SB 1097 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 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 785 and recognized the author, Senator Wentworth, to explain the bill. Senator Wentworth sent up a committee substitute; the Chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Wentworth 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 Wentworth moved to reconsider the vote on which the committee substitute was adopted. There being no objection, it was so ordered. Senator Shapleigh sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Wentworth requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Wentworth then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Wentworth moved that SB 785 do not pass but that CSSB 785 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out SB 1832 and recognized the author, Senator Bivins, to explain the bill. Senator Shapleigh moved that SB 1832 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 0 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 123 and recognized the author, Senator Bivins, to explain the bill. Senator Shapleigh sent up a committee substitute; the Chair recognized Senator Bivins 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. Senator Shapiro moved that SB 123 be left pending; without objection, it was so ordered. The Chair laid out SB 1016 and recognized the author, Senator Wentworth, to explain the bill. Senator Wentworth sent up a committee substitute; the Chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Wentworth 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 Wentworth moved that SB 1016 do not pass but that CSSB 1016 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 839 and recognized Senator Cain, in the absence of the author, to explain the bill. Senator Shapiro moved that SB 839 be left pending until resource witnesses could be located; without objection, it was so ordered. The Chair moved that the committee recess at 3:30 pm while awaiting a quorum. At 3:45 pm the committee reconvened. The Chair laid out SB 1438 and recognized the author, Senator Duncan, to explain the bill. Senator Bernsen sent up a committee substitute; the Chair recognized Senator Duncan to explain the difference between the committee substitute and the bill as filed. Senator Shapleigh sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Shapleigh sent up Committee Amendment 2 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 Shapleigh 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. Senator Shapiro moved that CSSB 1438 be left pending; without objection, it was so ordered. The Chair laid out SB 1533 and recognized the author, Senator Carona, to explain the bill. Senator Brown 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. Senator Lucio, Jr. moved that SB 1533, 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 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 4:10 pm Senator Shapleigh assumed the chair. The Chair laid out SB 29 and recognized the author, Senator Shapiro, to explain the bill. The Chair withdrew the previously laid out committee substitute and recognized Senator Shapiro to send up a new substitute. 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 Shapleigh moved adoption of the committee substitute, without objection, it was so ordered. Senator Haywood moved that SB 29 do not pass but that CSSB 29 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 4:20 pm Senator Shapiro resumed the chair. Upon arrival of resource witnesses, the Chair laid out SB 839 and opened public testimony. Witnesses testifying and registering on the bill are shown on the attached list. Senator Shapleigh moved that SB 839 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 2 absent. Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There being no further business, at 4:25 pm Senator Shapiro moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ _____________ _________ Senator Florence Shapiro, Chair Cindy R Notting ham, Clerk