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