MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Tuesday, May 11, 1999
12:30 pm
Capitol Extension, Room E1.028
*****
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 Tuesday, May 11, 1999 in the Capitol
Extension, Room E1.028, 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 1:30 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Bernsen, Senator Lucio, Senator Shapleigh and Senator
Wentworth.
Senator Brown moved approval of the State Affairs Committee
minutes for hearings held on May 4, 6 and 7. There being no
objection, the minutes were approved.
The Chair laid out HB 1620 and recognized the Senate sponsor,
Senator Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 1620 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, 1 nay, 0 present not
voting, and 1 absent.
The Chair laid out SB 670 and recognized the author, Senator
Brown, to explain the bill.
Senator Brown sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Brown sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Bernsen sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Bernsen moved that SB 670, 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 laid out HB 2105 and recognized the Senate sponsor,
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.
Senator Brown moved that HB 2105 do not pass but that CSHB
2105 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 SB 82 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.
The Chair moved that CSSB 82 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Brown moved that SB 82 do not pass but that
CSSB 82 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 HB 1024 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB1024 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapleigh moved that HB1024 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 HB 3224 and recognized the Senate sponsor,
Senator West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 3224 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapleigh moved that HB 3224 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 HB 2802 and recognized the Senate sponsor,
Senator Bernsen, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2802 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Bernsen moved that HB 2802 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
Bernsen moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out HB 2207 and recognized Senator Bernsen, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2207 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Lucio, Jr. moved that HB 2207 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 1900 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1900 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Nixon moved that SB 1900 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, 1 nay, 0 present not voting, and 0 absent.
The Chair laid out HB 1068 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
The Chair moved that HB 1068 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapleigh moved that HB 1068 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 HB 3182 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 3182 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Haywood moved that HB 3182 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.
At 2:15 pm Senator Bernsen assumed the chair.
The Chair laid out HB 442 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
The Chair moved that HB 442 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapiro moved that HB 442 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
Shapiro moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out HB 1041 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1041 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapiro moved that HB 1041 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
Shapiro moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out HB 1912 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1912 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapiro moved that HB 1912 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
Shapiro moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out HB 2224 and recognized the Senate sponsor,
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.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that CSHB 2224 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapiro moved that HB 2224 do not pass but
that CSHB 2224 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 Shapiro moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The Chair laid out HJR 29 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
The Chair moved that HJR 29 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapiro moved that HJR 29 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.
At 2:26 pm Senator Shapiro resumed the chair.
The Chair laid out HB 932 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
The Chair moved that HB 932 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Shapleigh moved that HB 932 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
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 1328 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Shapleigh 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.
The Chair moved that CSHB 1328 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapleigh moved that HB 1328 do not pass
but that CSHB 1328 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 1681 and recognized the Senate sponsor,
Senator Duncan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1681 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved that HB 1681 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 2004 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2004 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Bernsen moved that HB 2004 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
Bernsen moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out HB 2509 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2509 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapleigh moved that HB 2509 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 HB 2835 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
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.
The Chair moved that HB 2835 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Shapleigh moved that HB 2835, 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 3757 and recognized Senator Shapleigh,
in the absence of the Senate sponsor, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Shapleigh 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 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.
Senator Haywood moved that HB 3757 do not pass but that CSHB
3757 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 571 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.
Senator Shapiro moved that HB 571 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2510 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill. Senator Shapleigh
sent up a committee substitute; the Chair recognized Senator
Shapleigh 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 Bernsen moved that HB 2510 do not pass but that CSHB
2510 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 subcommittee report on CSSB 1098 was laid out by the
Chair. Senator Cain moved adoption of the subcommittee report
on CSSB 1098. There being no objection, it was so ordered.
Senator Cain moved that SB 1098 do not pass but that CSSB 1098
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, 1 nay, 0 present not voting, and 0 absent.
The subcommittee report on HB 1492 was laid out by the Chair.
Senator Cain moved adoption of the subcommittee report on HB
1492. 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 motion carried with a vote of 8 ayes, 1 nay, 0 present not
voting, and 0 absent.
The subcommittee report on HB 1779 was laid out by the Chair.
Senator Cain moved adoption of the subcommittee report on HB
1779. There being no objection, it was so ordered.
Senator Cain moved that HB 1779 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, 2 nays, 0 present
not voting, and 0 absent.
The subcommittee report on HB 1980 was laid out by the Chair.
Senator Cain moved adoption of the subcommittee report on HB
1980. There being no objection, it was so ordered.
Senator Cain moved that HB 1980 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 Cain moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The subcommittee report on CSHB 2159 was laid out by the
Chair. Senator Cain moved adoption of the subcommittee report
on CSHB 2159. There being no objection, it was so ordered.
Senator Cain moved that HB 2159 do not pass but that CSHB 2159
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 subcommittee report on CSHB 2537 was laid out by the
Chair. Senator Cain moved adoption of the subcommittee report
on CSHB 2537. There being no objection, it was so ordered.
Senator Cain moved that HB 2537 do not pass but that CSHB 2537
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
Cain moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out CSSB 803 as pending business.
Senator Shapleigh moved that SB 803 do not pass but that CSSB
803 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 4:00 pm Senator Shapleigh assumed the chair.
At 4:05 pm Senator Shapiro resumed the chair.
There being no further business, at 4:06 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