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