MINUTES
SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS
Tuesday, April 10, 2001
8:00 a.m.
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on
Intergovernmental Relations was held on Tuesday, April 10, 2001,
in the Capitol Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Frank Madla None
Senator Jon Lindsay
Senator David Cain
Senator Florence Shapiro
Senator Todd Staples
Senator Royce West
Senator John Whitmire
*****
The chair called the meeting to order at 8:00 a.m. There being
a quorum present, the following business was transacted:
The chair laid out SB1189 and recognized the author, Senator
Ellis, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that SB1189 be left pending to await a quorum;
without objection, it was so ordered.Senator Staples moved that
SB1189 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Staples moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB1775, SB1776 and SB1777 and recognized the
author, Senator Lindsay, to explain the bills. Witnesses
testifying and registering on the bill are shown on the attached
list. Senator Madla moved that SB1775, SB1776 and SB1777 be
left pending to await a quorum; without objection, it was so
ordered.
The chair laid out SB929 and recognized the author, Senator
Bernsen, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Bernsen to
explain the difference between the committee substitute and the
bill as filed. Senator Lindsay 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 Madla moved that SB929 be left pending to await
a quorum; without objection, it was so ordered.
The chair laid out SB1272 and recognized the author, Senator
Bernsen, to explain the bill. Senator Staples 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 Madla moved that SB1272
be left pending to await a quorum; without objection, it was so
ordered. Senator Staples moved that SB1272 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 0 present not voting, and 1 absent. Senator
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB1772 and recognized the author, Senator
Bernsen, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Bernsen to
explain the difference between the committee substitute and the
bill as filed. Senator Lindsay 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 Madla moved that SB1772 be left pending to await
a quorum; without objection, it was so ordered. Senator Lindsay
moved that SB1772 do not pass but that CSSB1772 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 6 ayes, 0
nay, 0 present not voting, and 1 absent. Senator Lindsay moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB1784 and recognized the author, Senator
Bernsen, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Lindsay moved that SB1784 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 6 ayes, 0 nay, 0 present
not voting, and 1 absent. Senator Lindsay moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB1393 and recognized the author, Senator
Bernsen, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Lindsay moved that SB1393 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 6 ayes, 0 nay, 0 present
not voting, and 1 absent. Senator Lindsay moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB1773 and recognized the author, Senator
Bernsen, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.Senator
Lindsay moved that SB1773 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 6 ayes, 0 nay, 0 present
not voting, and 1 absent.
The chair laid out SB954 and recognized the author, Senator
Barrientos, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Barrientos to
explain the difference between the committee substitute and the
bill as filed. Senator Lindsay 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 Lindsay moved that SB954 do not pass but that
CSSB954 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 6 ayes, 0 nay, 0 present not voting, and 1
absent.Senator Lindsay moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB1007 and Senator Barrientos requested to
leave the bill pending; without objection, it was so ordered.
The chair laid out SB1308 and recognized the author, Senator
Barrientos, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Barrientos to
explain the difference between the committee substitute and the
bill as filed. Senator Lindsay 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 Staples moved that SB1308 do not pass but that
CSSB1308 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 6 ayes, 0 nay, 0 present not voting, and 1
absent.
Senators Cain and West requested to be shown voting aye on
SB954, SB1393, SB1773 and SB1784; without objection, it was so
ordered.
Senator Lindsay sent up a committee substitute for SB1775; the
chair recognized Senator Lindsay 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 Lindsay moved that SB1775 do not
pass but that CSSB1775 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 7 ayes, 0 nay, 0 present not
voting, and 0 absent. Senator Lindsay moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB1569 and recognized the author, Senator
Brown, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Lindsay moved that HB1569 be
reported favorably to the Senate with the recommendation that it
do pass and be printed. The motion carried with a record vote
of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator
Lindsay moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Lindsay sent up a committee substitute for SB1776 and
SB1777; the chair recognized Senator Lindsay to explain the
difference between the committee substitutes and the bills as
filed.
Witnesses testifying and registering on the bills are shown on
the attached list. Senator Lindsay moved that SB1776 do not pass
but that CSSB1776 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 7 ayes, 0 nay, 0 present not
voting, and 0 absent. Senator Lindsay moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered. Senator Lindsay moved
that SB1777 do not pass but that CSSB1777 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 7 ayes, 0
nay, 0 present not voting, and 0 absent. Senator Lindsay moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB1677 and recognized the author, Senator
Jackson, to explain the bill. Senator Staples sent up a
committee substitute; the chair recognized Senator Jackson to
explain the difference between the committee substitute and the
bill as filed. Senator Staples 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 Madla moved that SB1677 be left pending; without
objection, it was so ordered.
The chair laid out SB1275 and recognized the author, Senator
Armbrister, to explain the bill. Senator West sent up a
committee substitute; the chair recognized Senator Armbrister to
explain the difference between the committee substitute and the
bill as filed. Senator West 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 Madla moved that SB1275 be left pending; without
objection, it was so ordered.
The chair laid out SB829 and recognized the author, Senator
Lindsay, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Lindsay moved that SB829 be left pending; without objection, it
was so ordered.
The chair laid out SB1780 and recognized the author, Senator
Lindsay, to explain the bill. Senator Lindsay sent up a
committee substitute; the chair recognized Senator Lindsay to
explain the difference between the committee substitute and the
bill as filed. Senator Lindsay 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 Madla moved that SB1780 be left pending; without
objection, it was so ordered.
At 9:45 a.m. Senator Madla moved that the committee stand
recessed ; without objection, it was so ordered.
At 1:47 p.m. the committee reconvened.
The chair continued testimony on SB1780. Senator Lindsay moved
that SB1780 be left pending; without objection, it was so
ordered.
The chair laid out SB1145 and recognized the author, Senator
Staples, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that SB1145 be left pending; without objection, it
was so ordered.
The chair laid out SB1113 and recognized the author, Senator
Cain, to explain the bill. Witnesses testifying and registering
on the bill are shown on the attached list. Senator Cain moved
that SB1113 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 6 ayes, 0 nay, 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 SB1302 and recognized the author, Senator
Cain, to explain the bill. Witnesses testifying and registering
on the bill are shown on the attached list. Senator Cain sent
up a committee substitute; the chair recognized Senator Cain to
explain the difference between the committee substitute and the
bill as filed. Senator Cain moved adoption of the committee
substitute; without objection, it was so ordered. Senator Cain
moved that SB1302 do not pass but that CSSB1302 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 7 ayes, 0
nay, 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.
Senator West requested to be shown as voting aye on SB1302;
without objection, it was so ordered.
Senator Whitmire assumed the chair.
The chair laid out SB322 and recognized the author, Senator
Lucio, Jr., to explain the bill. Senator Whitmire sent up a
committee substitute; the chair recognized Senator Lucio, Jr. to
explain the difference between the committee substitute and the
bill as filed. Senator Whitmire 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 Whitmire moved that SB322 be left pending;
without objection, it was so ordered.
SB469 was laid out by Senator Whitmire. Senator Whitmire
repored SB469 back to the full committee without a subcommittee
report. Witnesses testifying and registering on the bill are
shown on the attached list. Senator Whitmire moved that SB469
be left pending; without objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out SB569,SB881, SB882 and SB883 which were in
subcommittee. Senator Staples sent up a committee substitute to
SB569 ; the chair recognized Senator Cain to explain the
difference between the committee substitute and the bill as
filed. Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered. Senator Cain
moved that SB569 do not pass but that CSSB569 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 6 ayes, 0
nay, 0 present not voting, and 1 absent. Senator Staples sent
up a committee substitute to SB881; the chair recognized Senator
Staples to explain the difference between the committee
substitute and the bill as filed. Senator Staples moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Staples moved that SB881 do not pass but
that CSSB881 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 7 ayes, 0 nay, 0 present not
voting, and 0 absent.
Senator Cain requested to be shown as voting aye on SB1772,
SB1777 and SB1272 without; objection, it was so ordered.
The chair laid out HB1573 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 Cain moved that HB1573 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 6 ayes, 0
nay, 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 SB1574 and SJR47 and recognized the author,
Senator Gallegos, Jr., to explain the bills. Witnesses
testifying and registering on the bills are shown on the
attached list. Senator Staples moved that SB1574 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 6
ayes, 0 nay, 0 present not voting, and 1 absent. Senator
Staples moved that SJR47 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 6 ayes, 0 nay, 0 present
not voting, and 1 absent.
The chair laid out SB379 and recognized the author, Senator
Gallegos, Jr., to explain the bill. Senator Cain 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 Cain 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 Cain moved that SB379 do not pass but that
CSSB379 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 5 ayes, 0 nay, 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 HB782 and recognized the Senate sponsor,
Senator Carona, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Staples moved that HB782 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 6 ayes, 0 nay, 0 present
not voting, and 1 absent. Senator West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB778 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. Witnesses
testifying and registering on the bill are shown on the attached
list. Senator Madla moved that SB778 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out SB1172 and recognized the author, Senator
Wentworth, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that SB1172 be left pending to await a quorum;
without objection, it was so ordered.
The chair laid out SB1290 and recognized the author, Senator
Staples, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Staples moved that SB1290 be left pending; without objection, it
was so ordered.
The chair laid out SB1762 and recognized the author, Senator
Wentworth, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that SB1762 be left pending; without objection, it
was so ordered.
The chair laid out HB440 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Staples moved that HB440 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 4 ayes, 0 nay, 0
present not voting, and 3 absent. Senator Staples moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB800 and recognized the author, Senator
Wentworth, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Lindsay sent up a committee substitute; the chair recognized
Senator Wentworth to explain the difference between the
committee substitute and the bill as filed. Senator Lindsay
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Staples moved that SB1775 do not
pass but that CSSB1775 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 4 ayes, 0 nay, 0 present not
voting, and 3 absent.
The chair laid out HB630 and recognized Senator Staples, 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 Staples moved that HB630 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 5 ayes, 0
nay, 0 present not voting, and 2 absent. Senator Staples moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Staples sent up Committee Amendment 1 for SB1145 and
moved adoption; without objection, the amendment was adopted.
Senator Staples moved that SB1145, as amended, be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 4 ayes, 1
nay, 0 present not voting, and 2 absent. Senator Staples moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Per the request of the author, Senator Staples pulled down the
adopted substitute for SB1677 and sent up a new committee
substitute; the chair recognized Senator Staples to explain the
difference between the committee substitute and the bill as
filed. Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB1677 do not pass but that CSSB1677 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 4
ayes, 0 nay, 0 present not voting, and 3 absent. Senator
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB944 and recognized the author, Senator Van
de Putte, to explain the bill. Per the request of the author,
Senator Staples pulled down the adopted substitute for SB944 and
sent up a new committee substitute; the chair recognized Senator
Van de Putte to explain the difference between the committee
substitute and the bill as filed. Senator Staples moved that
SB944 do not pass but that CSSB944 be reported back to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 4 ayes, 0 nay, 0
present not voting, and 3 absent.
Senator Cain requested to be shown as voting aye on SB782,
SB440, SB630, SB800 and nay on SB1145; without objection, it was
so ordered. Senator Whitmire requested to be shown as voting aye
on SB1784, SB1189, SB1772, HB1573, HB630, SB1393, SB1775,
SB1272, HB1574, HB440, SB1773, SB1776, SJR47, SB954, SB1777,
SB569, SB379, SB1308, HB1569, SB881, and HB782 ; without
objection, it was so ordered.
There being no further business, at 6:50 p.m. Senator Madla
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
______________________
Senator Frank Madla, Chair
______________________
Hillery Stephens, Clerk