MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                               Thursday, May 10, 2001 
                           1:30 p.m. or upon adjournment 
                           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 State Affairs  
         was held on Thursday, May 10, 2001, in the Capitol Extension,  
         Room E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                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 2:59 p.m.  There being  
         a quorum present, the following business was transacted: 
          
         There was no action taken for the following bill(s): HB7 
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): HB7, HB249, HB811, HB1428, HB1450, HB1831, HB  
         2313, HB 2616, HB3323, HB3433 
          
         The chair laid out HB3323 and recognized the Senate sponsor,  
         Senator Nelson, to explain the bill.   
          
         Senator Gallegos, Jr. sent up a committee substitute; the chair  
         recognized Senator Nelson 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 HB3323 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB2616 and recognized the Senate sponsor,  
  
         Senator Lucio, Jr., 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 HB2616 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB489 and recognized the Senate sponsor,  
         Senator Lucio, Jr., 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 HB489 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB3338 and recognized the Senate sponsor,  
         Senator Lucio, Jr., 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 HB3338 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB1077 and recognized the Senate sponsor,  
         Senator Jackson, to explain the bill.   
          
         Senator Armbrister sent up Committee Amendment 1.  Senator  
         Armbrister withdrew Committee Amendment 1.  Senator Armbrister  
         sent up Committee Amendment 2 and moved adoption; 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 HB1077 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB2243 and recognized the Senate sponsor,  
         Senator Gallegos, 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 Shapiro moved that HB2243 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB2313 and recognized the Senate sponsor,  
  
         Senator Gallegos, 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 Shapiro moved that HB2313 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB877 and recognized the Senate sponsor,  
         Senator Barrientos, to explain the bill.   
          
         Senator Armbrister sent up a committee substitute; the chair  
         recognized Senator Barrientos to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Armbrister 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 HB877 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1428 and recognized the Senate sponsor,  
         Senator Barrientos, 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 HB1428 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB3076 and recognized Senator Gallegos, Jr.,  
         in the absence of the Senate sponsor, 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 HB3076 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB2263 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB2263 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB1430 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB1430 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB1831 and recognized the Senate sponsor,  
         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.   
          
         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 HB1831 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB1168 and recognized the Senate sponsor,  
         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.   
          
         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 HB1168 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB2311 and recognized the Senate sponsor,  
         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.   
          
         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 HB2311 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB834 and recognized Senator Madla, in the  
         absence of the Senate sponsor, to explain the bill.   
          
         Senator Madla sent up a committee substitute; the chair  
         recognized Senator Madla 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 HB834 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HCR256 and recognized the Senate sponsor,  
         Senator Madla, to explain the bill.   
          
         Senator Shapiro moved that HCR256 be left pending to await a  
         quorum; without objection, it was so ordered. 
          
         The chair laid out HB2780 and recognized the Senate sponsor,  
         Senator Madla, 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 HB2780 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1476 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.   
          
         Senator Shapiro moved that HB1476 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         At 4:59 p.m. Senator Shapleigh assumed the chair.   
          
         The chair laid out HB249 and recognized the Senate sponsor,  
         Senator Shapiro, 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 Shapleigh moved that HB249 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2334 and recognized Senator Shapiro, in the  
         absence of the Senate sponsor, 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 Shapleigh moved that HB2334 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1948 and recognized Senator Shapiro, in the  
         absence of the Senate sponsor, 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 Shapleigh moved that HB1948 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1544 and recognized the Senate sponsor,  
         Senator Moncrief, 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 Shapleigh moved that HB1544 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB2204 and recognized the Senate sponsor,  
         Senator Moncrief, to explain the bill.   
          
         Senator Shapiro sent up a committee substitute; the chair  
         recognized Senator Moncrief to explain the difference between  
         the committee substitute and the bill as filed.  Senator Carona  
         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 Shapleigh moved that HB2204 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB3433 and recognized the Senate sponsor,  
         Senator Shapiro, 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 Shapleigh moved that HB3433 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1450 and recognized the Senate sponsor,  
         Senator Shapiro, 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 Shapleigh moved that HB1450 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1639 and recognized the Senate sponsor,  
         Senator Shapiro, 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 Shapleigh moved that HB1639 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB811 and recognized the Senate sponsor,  
         Senator Shapiro, 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 Shapleigh moved that HB811 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 5:30 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out HB35 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         Senator Shapiro moved that HB35 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB2122 and recognized the Senate sponsor,  
         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 HB2122 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 6:13 p.m. roll was called and a quorum was present. 
          
         Upon arrival of a quorum, Senator Armbrister moved that HB3323  
         do not pass but that CSHB3323 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.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB3076  
         do not pass but that CSHB3076 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 Armbrister 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 HB2334 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  
         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 Fraser moved that HB1948 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 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 Harris moved that HB877 do not  
         pass but that CSHB877 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.   
          
         Upon arrival of a quorum, Senator Carona moved that HB1428 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 Carona  
         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 HB2616 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.   
          
         Upon arrival of a quorum, Senator Harris moved that HB1544 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.   
          
         Upon arrival of a quorum, Senator Shapleigh moved that HB2204 do  
         not pass but that CSHB2204 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.   
          
         Upon arrival of a quorum, Senator Carona moved that HB834 do not  
         pass but that CSHB834 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 Carona 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 HB1476 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  
         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 Armbrister moved that HB35 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.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB2122  
         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  
         Armbrister 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 HCR256 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 Madla  
         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 HB2780 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 Madla  
         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 Armbrister moved that HB1430  
         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  
         Armbrister 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 Armbrister moved that HB2243,  
         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 8 ayes, 0 nay, 0 present not  
         voting, and 1 absent. Senator Armbrister 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 Armbrister moved that HB2313,  
         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 8 ayes, 0 nay, 0 present not  
         voting, and 1 absent.  Senator Armbrister 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 Armbrister moved that HB2263  
  
         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  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         At 6:46 p.m. Senator Armbrister assumed the chair.   
          
         Upon arrival of a quorum, Senator Shapiro moved that HB1639 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  
         Shapiro 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 Shapiro moved that HB249 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  
         Shapiro 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 Shapiro moved that HB811 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  
         Shapiro 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 Shapiro moved that HB1450 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  
         Shapiro 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 Shapiro moved that HB3433 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  
         Shapiro moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         At 6:51 p.m. Senator Shapiro resumed the chair.   
          
         There being no further business, at 6:54 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