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