MINUTES
SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS
Tuesday, May 1, 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, May 1, 2001, in
the Capitol Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Frank Madla Senator John Whitmire
Senator Jon Lindsay
Senator David Cain
Senator Florence Shapiro
Senator Todd Staples
Senator Royce West
*****
The chair called the meeting to order at 8:05 a.m. There being
a quorum present, the following business was transacted:
The chair laid out HB10 and recognized the Senate sponsor,
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 HB10 be left pending to await a
quorum; without objection, it was so ordered. Senator Lindsay
moved that HB10 do not pass but that CSHB10 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 SB747 and recognized the author, Senator
Staples, to explain the bill. Senator Madla moved that SB747 be
left pending to await a quorum; without objection, it was so
ordered.
The chair laid out SB1819 and recognized the author, Senator
Staples, to explain the bill. Senator Madla moved that SB1819
be left pending to await a quorum; without objection, it was so
ordered.
The chair laid out HB177 and recognized the Senate sponsor,
Senator Staples, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that HB177 be left pending to await a quorum;
without objection, it was so ordered. Senator Lindsay moved
that HB177 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 HB394 and recognized the Senate sponsor,
Senator Staples, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that HB394 be left pending to await a quorum;
without objection, it was so ordered. Senator Lindsay moved that
HB394 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 assumed the chair.
The chair laid out HB3318 and recognized the Senate sponsor,
Senator Madla, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Lindsay moved that HB3318 be left pending to await a quorum;
without objection, it was so ordered. Senator Lindsay moved
that HB3318 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 Lindsay moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out HB3068 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
Madla moved that HB3068 be left pending to await a quorum;
without objection, it was so ordered.
The chair laid out HB16 and recognized the Senate sponsor,
Senator Truan, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that HB16 be left pending to await a quorum; without
objection, it was so ordered. Senator Lindsay moved that HB16
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 assumed the chair.
The chair laid out HB521 and recognized the Senate sponsor,
Senator Madla, to explain the bill. Senator Lindsay moved that
HB521 be left pending to await a quorum; without objection, it
was so ordered. Senator Lindsay moved that HB521 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 Madla resumed the chair.
The chair laid out SB1824 and recognized Senator Staples, in the
absence of the author, to explain the bill. Witnesses
testifying and registering on the bill are shown on the attached
list. Senator Madla moved that SB1824 be left pending to await
a quorum; without objection, it was so ordered. Senator Lindsay
moved that SB1824 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 HB1833 and recognized the Senate sponsor,
Senator West, to explain the bill. Senator West sent up a
committee substitute; the chair recognized Senator West 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 West moved that HB1833 do not pass but that
CSHB1833 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 West moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB1888 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
West moved that HB1888 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 West moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB1816 and recognized the author, Senator
Jackson, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Lindsay moved that SB1816 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 HB1588 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
Lindsay moved that HB1588 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 HB1265 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill. Senator Lindsay assumed
the chair. Senator Madla sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Madla resumed the chair. Senator Shapiro moved that
HB1265, 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 6 ayes, 0 nay, 0 present not
voting, and 1 absent. Witnesses testifying and registering on
the bill are shown on the attached list. Senator Shapiro
requested unanimous consent to roll the amendments into a
committee substitute; without objection, it was so ordered.
Senator Shapiro then moved that the committee substitute be
adopted; without objection, it was so ordered. 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 HB1264 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
Shapiro moved that HB1264 be left pending; without objection, it
was so ordered.
The chair laid out HB996 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 HB996 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.
The chair laid out SB1714 and recognized the author, Senator Van
de Putte, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that SB1714 be left pending; without objection, it
was so ordered.
The chair laid out SB1812 and recognized the author, Senator
Armbrister, to explain the bill. Senator Cain sent up a
committee substitute; the chair recognized Senator Armbrister 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 Lindsay moved that SB1812 do not pass but that
CSSB1812 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.
The chair laid out SB1823 and recognized the author, Senator
Armbrister, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Lindsay moved that SB1823 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 Lindsay moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB164 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Madla moved that HB164 be left pending; without
objection, it was so ordered.
At 9:51 a.m. Senator Madla moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 1:47 p.m. the committee reconvened.
The chair laid out SB1808 and recognized the author, Senator
Ogden, 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 Ogden 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 Madla moved that SB1808 be left pending;
without objection, it was so ordered. Senator Lindsay moved
thatSB1808 do not pass but that CSSB1808 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 Lindsay moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out SB1248 and recognized the author, Senator
Gallegos, Jr., to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that SB1248 be left pending to await a quorum;
without objection, it was so ordered. Senator Lindsay moved
that SB1248 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 Lindsay moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB2601 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill. Senator Lindsay
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 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 HB2601
be left pending to await a quorum; without objection, it was so
ordered. Senator Lindsay moved that HB2601 do not pass but that
CSHB2601 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 Lindsay moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB1459 and recognized the author, Senator
Wentworth, to explain the bill. Senator West sent up a
committee substitute; the chair recognized Senator Wentworth 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 SB1459 be left pending to await
a quorum; without objection, it was so ordered. Senator Lindsay
moved that SB1459 do not pass but that CSSB1459 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 Lindsay moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB995 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 Madla moved that HB995 be left pending to await a
quorum; without objection, it was so ordered. Senator Lindsay
moved that HB995 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 Lindsay moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB1449 and recognized the Senate sponsor,
Senator Sibley, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla moved that HB1449 be left pending to await a quorum;
without objection, it was so ordered. Senator Lindsay moved
that HB1449 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 HB1022 and recognized the Senate sponsor,
Senator Sibley, to explain the bill. Senator Cain sent up a
committee substitute; the chair recognized Senator Sibley 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 Madla moved that HB1022 be left pending to await
a quorum; without objection, it was so ordered.
The chair laid out CSSB322 by Senator Lucio. Witnesses
testifying and registering on the bill are shown on the attached
list. Senator West sent up Committee Amendment 5 and moved
adoption; without objection, the amendment was adopted. Senator
West sent up Committee Amendment 6 and moved adoption; without
objection, the amendment was adopted. Senator Shapiro sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Staples moved to withdraw the
previous Amendment 3 and sent up a new Committee Amendment 3 and
moved adoption; without objection, the amendment was adopted.
Senator Cain sent up Committee Amendment 4 and moved adoption;
without objection, the amendment was adopted. Senator Madla
sent up Committee Amendment 7 and moved adoption; without
objection, the amendment was adopted. Senator Madla sent up
Committee Amendment 8 and moved adoption; without objection, the
amendment was adopted. Senator Madla sent up Committee
Amendment 9 and moved adoption; without objection, the amendment
was adopted. Senator Madla sent up Committee Amendment 10 and
moved adoption; without objection, the amendment was adopted.
Senator Madla moved to withdraw the previous Amentment 11 and
sent up a new Committee Amendment 11 and moved adoption; without
objection, the amendment was adopted. Senator Lindsay sent up
Committee Amendment 12 and moved adoption; without objection,
the amendment was adopted. Senator Madla sent up Committee
Amendment 13 and moved adoption; without objection, the
amendment was adopted. Senator West sent up Committee Amendment
14 and moved adoption; without objection, the amendment was
adopted. Senator Madla sent up Committee Amendment 15 and then
pulled Amendment15. Senator West sent up Committee Amendment 15
and moved adoption; without objection, the amendment was
adopted. Senator West sent up Committee Amendment 16 and pulled
Amendment 16. Senator West sent up Committee Amendment 18 and
moved adoption; without objection, the amendment was adopted.
Senator Cain sent up Committee Amendment 17 and moved adoption;
without objection, the amendment was adopted. Senator Lindsay
requested unanimous consent to incorporate all adopted
amendments into a new committee substitute; without objection,
it was so ordered. Senator West moved that CSSB322 be left
pending; without objection, it was so ordered.
Senator Staples requested to be shown as voting aye on SB1824
and HBs:10, 16, 177, 394, 521, 1265, 1490, 1588, 1833, 1888, and
3608; without objection it was so ordered.
Senator Shapiro requested to be shown as voting aye on SBs:747,
1248, 1459, 1808, 1819, 1824 and HBs: 10, 16, 177, 394,521, 995,
996, 1449, 1490, 3068, and 3318; without objection it was so
ordered.
Senator Cain requested to be shown as voting aye on HB1833 and
HB1888; without objection it was so ordered.
The chair laid out SB557 and recognized the author, Senator
Carona, to explain the bill. Senator Cain sent up a committee
substitute; the chair recognized Senator Carona 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 Cain moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Madla moved that SB557 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB490 and recognized Senator Lindsay, 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 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. Senator Lindsay sent up Committee Amendment
1 and moved adoption; without objection, the amendment was
adopted. Senator Lindsay sent up Committee Amendment 2 and
moved adoption; without objection, the amendment was adopted.
Senator Madla moved that HB490 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out SB1554 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. Senator Madla
moved that SB1554 be left pending to await a quorum; without
objection, it was so ordered.
The chair laid out SB1128 and recognized the author, Senator
Bernsen, to explain the bill. Senator Lindsay moved to pull
down the previous substitute adopted and 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. Senator
Lindsay 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.
There being no further business, at 4:20 p.m. Senator Lindsay
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