MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                               Monday, April 9, 2001 
                           1:00 p.m. or upon adjournment 
                                   Senate Chamber 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on State Affairs  
         was held on Monday, April 9, 2001, in the Senate Chamber at  
         Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                Senator John Carona 
         Senator Carlos Truan                    Senator Chris Harris 
         Senator Kenneth Armbrister 
         Senator Troy Fraser 
         Senator Mario Gallegos, Jr. 
         Senator Frank Madla 
         Senator Eliot Shapleigh 
                                           
                                       ***** 
                                           
         Having recessed at the previous hearing, the chair called the  
         meeting to order at 1:07 p.m.  
          
         There was no action taken for the following bill(s): SB372,  
         SB796 and SB1518 
          
         Previously, the chair laid out SB1020 and recognized Senator  
         Nelson to explain the bill.  Senator Madla sent up the committee  
         substitute and moved its adoption; without objection, it was so  
         ordered. 
          
         The chair laid out SB1020 and recognized the author, Senator  
         Nelson, to explain the bill.   
          
         Senator Armbrister moved to reconsider the vote by which the  
         previous committee substitute was adopted; without objection, it  
         was so ordered.   
          
         Senator Armbrister sent up a new committee substitute; the chair  
         recognized Senator Nelson to explain the difference between the  
         new committee substitute and the bill as filed.  Senator  
         Armbrister moved adoption of the new committee substitute;  
         without objection, it was so ordered.   
          
         Senator Shapiro moved that SB1020 be left pending to await a  
         quorum; without objection, it was so ordered.   
  
         Previously, the chair laid out SB1182 and recognized Senator  
         Wentworth to explain the bill.  Senator Truan sent up the  
         committee substitute and moved its adoption; without objection,  
         it was so ordered. 
          
         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 Armbrister then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.   
          
         Senator Shapiro moved that SB1182 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB1211 and recognized Senator Gallegos, Jr.,  
         in the absence of the author, to explain the bill.   
          
         Senator Gallegos, Jr. 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  
         Gallegos, Jr. 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB1211 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB1146 and recognized the author, Senator  
         Shapleigh, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB1146 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB1124 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
         Senator Shapiro moved that SB1124 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out SB988 and recognized the author, Senator  
         Duncan, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered. 
          
         Senator Shapiro moved that SB988 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB1311 and recognized the author, Senator  
         Staples, to explain the bill.   
          
         At 1:50 p.m. Senator Armbrister assumed the chair.   
          
         Senator Gallegos, Jr. sent up a committee substitute; the chair  
         recognized Senator Staples to explain the difference between the  
         committee substitute and the bill as filed.  Senator Gallegos,  
         Jr. 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Armbrister moved that SB1311 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB1309 and recognized the author, Senator  
         Staples, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Armbrister moved that SB1309 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB221 and recognized the author, Senator  
         Staples, to explain the bill.   
          
         Senator Gallegos, Jr. sent up a committee substitute; the chair  
         recognized Senator Staples to explain the difference between the  
         committee substitute and the bill as filed.  Senator Gallegos,  
         Jr. 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Armbrister moved that SB221 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB1519 and recognized the author, Senator  
         Lucio, Jr., to explain the bill.   
          
         Senator Gallegos, Jr. 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Armbrister moved that SB1519 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB886 and SB887 and recognized the author,  
         Senator Ogden, to explain the bills.   
          
         Senator Shapleigh sent up a committee substitutes to SB886 and  
         SB887; the chair recognized Senator Ogden to explain the  
         difference between the committee substitutes and the bills as  
         filed.  Senator Shapleigh moved adoption of the committee  
         substitute to SB886; without objection, it was so ordered.   
          
         Witnesses testifying and registering on the bills are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         At 2:35 p.m. Senator Shapiro resumed the chair.   
          
         Senator Shapiro moved that SB886 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB887 be left pending; without  
         objection, it was so ordered.  
          
         The chair laid out SB311 and recognized the author, Senator  
         Zaffirini, to explain the bill.    
          
         Senator Madla sent up a committee substitute; the chair  
         recognized Senator Zaffirini to explain the difference between  
         the committee substitute and the bill as filed.  Senator Madla  
         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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB311 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB609 and recognized the author, Senator  
         Bernsen, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB609 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out SB1109 and recognized the author, Senator  
         Bernsen, to explain the bill.   
          
         Senator Shapleigh sent up a committee substitute; the chair  
         recognized Senator Bernsen to explain the difference between the  
         committee substitute and the bill as filed.  Senator Truan 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB1109 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 4:08 p.m. Senator Armbrister resumed the chair.   
          
         The chair laid out SB488 and recognized Senator Shapiro, in the  
         absence of the author, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
         Senator Armbrister moved that SB488 be left pending; without  
         objection, it was so ordered.   
          
         At 5:13 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out SB292 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         Senator Armbrister sent up a committee substitute; the chair  
         recognized Senator Armbrister to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Gallegos 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB292 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 5:24 p.m. roll was called and a quorum was established. 
          
         Senator Truan moved adoption of the minutes from the previous  
         hearings held on April 2, 2001, and April 3, 2001; without  
         objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Armbrister moved that SB1020  
         do not pass but that CSSB1020 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 2 absent.   
          
         Upon arrival of a quorum, Senator Armbrister moved that SB1182  
         do not pass but that CSSB1182 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 2 absent.   
          
         Previously SB1404 by Madla was left pending, Senator Madla moved  
         that SB1404 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, 1 nay, 0 present not  
         voting, and 2 absent.   
          
         Previously SB464 by Shapleigh was left pending, Senator  
         Shapleigh sent up a committee substitute and moved its adoption;  
         without objection it was so ordered.  Senator Shapleigh moved  
         that SB464 do not pass but that CSSB464 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, 2 nays, 0  
         present not voting, and 2 absent.   
          
         Upon arrival of a quorum, Senator Gallegos, Jr. moved that  
         SB1211 do not pass but that CSSB1211 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 2 absent.   
          
         Senator Gallegos, Jr. moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Previously SB70 by Senator Haywood was left pending, Senator  
         Shapleigh sent up Committee Amendment 1 and moved its adoption;  
         without objection, the amendment was adopted.  Senator  
         Armbrister moved that SB70, 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 5 ayes, 2 nays, 0  
         present not voting, and 2 absent.   
          
         Upon arrival of a quorum, Senator Armbrister moved that SB988 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 2 absent.   
          
         Senator Shapleigh moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Shapleigh moved that SB1519,  
         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 7 ayes, 0 nay, 0 present not  
         voting, and 2 absent.   
          
         Upon arrival of a quorum, Senator Shapleigh moved that SB886 do  
         not pass but that CSSB886 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, 1 nay, 0 present not  
         voting, and 2 absent.   
          
         Senator Truan moved that SB1109 do not pass but that CSSB1109 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 2 absent.   
          
         Upon arrival of a quorum, Senator Shapleigh moved that SB609 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 2 absent.   
          
         Senator Shapleigh moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Madla moved that SB311 do not  
         pass but that CSSB311 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 2 absent.   
          
         Upon arrival of a quorum, Senator Gallegos, Jr. moved that SB221  
         do not pass but that CSSB221 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 2 absent.   
          
         Upon arrival of a quorum, Senator Fraser moved that SB1309 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, 1 nay, 0 present not voting, and 2 absent.   
          
         Upon arrival of a quorum, Senator Gallegos, Jr. moved that  
         SB1311 do not pass but that CSSB1311 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, 1 nay, 0  
         present not voting, and 2 absent.   
          
         Upon arrival of a quorum, Senator Shapleigh moved that SB1146 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 2 absent.   
          
         Senator Fraser moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
          
         Upon arrival of a quorum, Senator Gallegos, Jr. moved that SB292  
  
         do not pass but that CSSB292 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 2 absent.   
          
         There being no further business, at 5:50 p.m. 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 S.  
                                                           Hodges, Clerk