MINUTES SENATE COMMITTEE ON STATE AFFAIRS Monday, April 30, 2001 10:30 a.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 30, 2001, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Florence Shapiro None Senator Carlos Truan Senator Kenneth Armbrister Senator John Carona Senator Troy Fraser Senator Mario Gallegos, Jr. Senator Chris Harris Senator Frank Madla Senator Eliot Shapleigh ***** The chair called the meeting to order at 12:36 p.m. There being a quorum present, the following business was transacted: There was no action taken for the following bill(s): SB489 Senator Harris moved adoption of the minutes from the previous hearing held on April 23, 2001; without objection, it was so ordered. Previously SB488 by Senator Harris was left pending, Senator Harris moved that SB488 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, 1 nay, 0 present not voting, and 3 absent. Previously SB1124 by Senator Armbrister was left pending, Senator Armbrister moved that SB1124 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, 3 nays, 0 present not voting, and 1 absent. Previously SB456 by Senator Brown was left pending, Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. Senator Harris moved adoption of the committee substitute; without objection, it was so ordered. Senator Harris moved that SB456 do not pass but that CSSB456 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Previously SB1132 by Senator Ogden was left pending. Senator Madla had sent up the committee substitute and Senator Ogden was recognized to explain the difference between the committee substitute and the bill as filed. Senator Harris moved adoption of the committee substitute; without objection, it was so ordered. Senator Harris sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Armbrister 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 Armbrister moved that SB1132 do not pass but that CSSB1132 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. Previously SB1366 by Senator Van de Putte was left pending, Senator Gallegos, Jr. sent up a new committee substitute; the chair recognized Senator Gallegos, Jr., in the absence of the author, 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. Senator Gallegos, Jr. moved that SB1366 do not pass but that CSSB1366 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. The chair laid out SB853 and recognized the author, Senator Harris, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. Senator Harris moved adoption of the committee substitute; without objection, it was so ordered. Senator Harris moved that SB853 do not pass but that CSSB853 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB32 and recognized the author, Senator Zaffirini, to explain the bill. Senator Armbrister 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 SB32 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB1809 and recognized the author, Senator Zaffirini, to explain the bill. At 1:00 p.m. Senator Armbrister assumed the chair. Senator Shapiro sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Shapiro sent up Committee Amendment 2 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 SB1809 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB1528 and recognized the author, Senator Shapiro, to explain the bill. Senator Shapiro 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 SB1528 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB360 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 SB360 be left pending; without objection, it was so ordered. The chair laid out SB1066 and recognized Senator Shapiro, in the absence of the author, 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Armbrister moved that SB1066 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Shapiro moved that SB1528, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. Motion to report failed. Upon arrival of a quorum, Senator Shapiro moved that SB1066 do not pass but that CSSB1066 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Shapleigh moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 2:17 p.m. Senator Shapiro resumed the chair. Upon arrival of a quorum, Senator Armbrister moved that SB32, 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 9 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Armbrister sent up Committee Amendment 3 to SB1809 and moved adoption; without objection, the amendment was adopted. Senator Armbrister requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered. Senator Armbrister then moved that the committee substitute be adopted; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that SB1809 do not pass but that CSSB1809 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. The chair laid out SB1129 and recognized the author, Senator Bernsen, to explain the bill. Senator Armbrister sent up a committee substitute; the chair recognized Senator Bernsen 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Shapiro moved that SB1129 be left pending; without objection, it was so ordered. The chair laid out SB238 and recognized Senator Armbrister, in the absence of the author, 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. 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. At 3:00 p.m. Senator Armbrister resumed the chair. At 3:45 p.m. Senator Carona assumed the chair. Senator Carona moved that SB238 be left pending; without objection, it was so ordered. There being no further business, at 4:15 p.m. Senator Carona 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