MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, May 6, 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, May 6, 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 Shapleigh, Senator Haywood and Senator Lucio.
Senator Brown moved approval of the State Affairs Committee
minutes for hearings held on April 26, 27 and 29. There being
no objection, the minutes were approved.
The Chair laid out HB 57 and recognized the Senate sponsor,
Senator Zaffirini, to explain the bill.
Senator Shapleigh moved that HB 57 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 HB 676 and recognized the Senate sponsor,
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. 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 HB 676 do not pass but that CSHB
676 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, 0 nays, 0 present not voting, and 2 absent.
The Chair laid out HB 1075 and recognized the Senate sponsor,
Senator Bivins, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapleigh moved that HB 1075 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 HB 3366 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nixon moved that HB 3366 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 CSSB 1785. Senator Shapleigh moved that
the committee reconsider the vote on which the committee
substitute for SB 1785 was adopted. There being no objection,
the vote was reconsidered. Senator Shapleigh moved to
withdraw his motion to adopt the substitute. There being no
objection, the motion and the substitute were withdrawn.
Senator Brown 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 Brown sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Brown requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Brown 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 Brown moved that SB 1785 do not pass but that CSSB
1785 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 Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 692 and recognized the Senate sponsor,
Senator Nelson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 692 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 Wentworth initially voted
present not voting, but later requested unanimous consent to
change his vote and be shown voting aye. There being no
objection, the vote was changed. Senator Wentworth then moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out HB 1147 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Armbrister 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 1:36 pm Senator Brown assumed the chair.
Senator Shapleigh moved that HB 1147 do not pass but that CSHB
1147 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 Shapleigh moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 558 and recognized Senator Armbrister,
in the absence of the Senate sponsor, to explain the bill.
At 1:39 pm Senator Shapiro resumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapleigh moved that HB 558 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 Brown moved that
the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 129 and recognized the author, Senator
Brown, to explain the bill.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed. Senator Brown
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 Brown moved that SB 129 do not pass but that CSSB 129
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
Brown moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out HB 3089 and recognized the Senate sponsor,
Senator Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 3089 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. Senator Brown moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out HB 362 and recognized the Senate sponsor,
Senator Fraser, to explain the bill.
Senator Shapleigh 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 Shapleigh moved that HB 362, 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 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.
The Chair laid out HB 1865 and recognized the Senate sponsor,
Senator West, to explain the bill.
Senator Shapleigh sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio, Jr. moved that HB 1865, 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 7 ayes, 0 nays,
0 present not voting, and 2 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 HB 1895 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Barrientos 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.
Senator Nixon moved that HB 1895 do not pass but that CSHB
1895 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, 0 nays, 0 present not voting, and 2 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 2299 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
At 2:07 pm Senator Shapleigh assumed the chair.
Senator Nixon moved that HB 2299 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 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 3008 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Cain moved that HB 3008 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 Cain moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HB 1976 and recognized the Senate sponsor,
Senator Madla, 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.
Senator Bernsen moved that HB 1976, 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 7 ayes, 0 nays,
0 present not voting, and 2 absent.
The Chair laid out HB 1359 and recognized the Senate sponsor,
Senator Jackson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Bernsen moved that HB 1359 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.
The Chair laid out HB 2492 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that HB 2492 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. 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 HB 1274 and recognized Senator Shapiro, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nixon moved that HB 1274 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. 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 HB 523 and recognized the Senate sponsor,
Senator Ogden, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nixon moved that HB 523 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. Senator Nixon moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 193 was laid out by the Chair.
Senator Cain sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Cain moved that the subcommittee report on SB 193, as
amended, be adopted. There being no objection, it was
ordered.
Senator Cain moved that SB 193, as amended, be reported back
to the Senate with the recommendation that it do pass and be
printed. Before the roll was called, the author requested
that the bill be left pending. Without objection, the bill
was left pending.
The Chair laid out HB 856 and recognized the Senate sponsor,
Senator Bernsen, to explain the bill.
Senator Cain moved that HB 856 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 Cain moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HB 1053 and recognized the Senate sponsor,
Senator Bernsen, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Cain moved that HB 1053 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 Cain moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 2:47 pm Senator Cain assumed the chair.
The Chair laid out HB 1085 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Nixon moved that HB 1085 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.
The Chair laid out SJR 27 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Wentworth noted that this bill was not posted, but
that the Parliamentarian advised him that he could bring it up
as it was pending business before the committee.
Senator Wentworth moved that SJR 27 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, 1 nay, 0
present not voting, and 3 absent.
The Chair laid out SB 837 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Wentworth noted that this bill was also not posted,
but that the Parliamentarian advised him that he could bring
it up as it was pending business before the committee.
Senator Wentworth moved that SB 837 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, 1 nay, 0
present not voting, and 3 absent.
The Chair laid out HB 1739 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapleigh moved that HB 1739 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.
At 2:56 pm Senator Shapleigh resumed the chair.
Senator Wentworth moved to reconsider the vote by which SJR 27
was passed. There being no objection, it was so ordered.
The Chair laid out HB 595 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
At 3:07 pm Senator Cain resumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that HB 595 be reported favorably 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.
The Chair laid out HB 2238 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Lucio, Jr. moved that HB 2238 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 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 543 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.
Senator Nixon moved that SB 543 do not pass but that CSSB 543
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, 0 nays, 0 present not voting, and 2 absent.
At 3:13 pm Senator Lucio, Jr. assumed the chair.
The Chair laid out HB 2461 and recognized Senator Cain, in the
absence of the Senate sponsor, 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.
At 3:22 pm Senator Shapiro resumed the chair.
Senator Cain moved that HB 2461, 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.
The Chair announced that the author, Senator Carona, pulled
down SB 162 so that bill would not be heard.
The subcommittee report on CSSB 628 was laid out by the Chair.
Senator Cain moved that the subcommittee report on CSSB 628 be
adopted. There being no objection, it was so ordered.
Senator Cain moved that SB 628 do not pass but that CSSB 628
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, 2 nays, 0 present not voting, and 1 absent.
The subcommittee report on SB 1009 was laid out by the Chair.
Senator Cain moved that the subcommittee report on SB 1009 be
adopted. There being no objection, it was so ordered.
Senator Cain moved that SB 1009 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. Senator Lucio, Jr. moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 1328 was laid out by the Chair.
Senator Cain moved that the subcommittee report on SB 1328 be
adopted. There being no objection, it was so ordered.
Senator Cain moved that SB 1328 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 CSSB 1598 was laid out by the
Chair. Senator Cain moved that the subcommittee report on
CSSB 1598 be adopted. There being no objection, it was so
ordered.
Senator Cain moved that SB 1598 do not pass but that CSSB 1598
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, 0 nays, 1 present not voting, and 1 absent.
The Chair laid out SB 193, as amended. Senator Cain moved
that SB 193, 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 7 ayes, 1 nays, 0 present not voting,
and 1 absent.
The subcommittee report on SB 1677, as amended, was laid out
by the Chair. Senator Cain moved that the subcommittee report
on SB 1677, as amended, be adopted. There being no objection,
it was so ordered.
Senator Cain moved that SB 1677, 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.
The subcommittee report on SCR 47 was laid out by the Chair.
Senator Cain moved that the subcommittee report on SCR 47 be
adopted. There being no objection, it was so ordered.
Senator Cain moved that SCR 47 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. Senator Cain moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The subcommittee report on HB 1380 was laid out by the Chair.
Senator Cain sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Cain moved that the subcommittee report on HB 1380, as
amended, be adopted. There being no objection, it was so
ordered.
Senator Cain moved that HB 1380, 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 Cain moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on HB 1492 was laid out by the Chair.
Senator Cain moved that the subcommittee report on HB 1492 be
adopted. There being no objection, it was so ordered.
Senator Cain moved that HB 1492 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The Committee lost a quorum before a vote could be taken. The
bill was left pending.
Senator Bernsen, Senator Haywood, Senator Lucio and Senator
Shapleigh submitted motions in writing forms requesting
unanimous consent to be shown voting on the bills listed on
their forms.
There being no further business, at 3:36 pm Senator Shapiro
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
Notting
ham,
Clerk