MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                                Friday, May 11, 2001 
                           11:30 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 Friday, May 11, 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 12:10 p.m.  The  
         following business was transacted:   
          
         The posting rule, Senate Rule 11.18, was suspended to hear the  
         following bill(s): SB238, HB7, HB15, HB149, HB299, HB489, HB563,  
         HB1117, HB1138, HB1168, HB1203, HB1697, HB1820, HB1831, HB1872,  
         HB2008, HB2119, HB2124, HB2154, HB2168, HB2407, HB2492, HB2504,  
         HB2522, HB2839, HB2921, HB3071, HB3338, & HB 3441 
          
         The chair advised that HB2119 & HB 2407 had been tagged pursuant  
         to Senate Rule 11.19 and would not be heard.   
          
         The chair advised that HB2119 had been previously tagged; the  
         tag later was withdrawn. 
          
         The chair called for a motion to report SB238, no motion was  
         made.  The chair also called for a motion to report on HB3338,  
         no motion was made. 
          
         The chair laid out HB2168 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.   
          
         Senator Shapiro moved that HB2168 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB2492 and recognized the Senate sponsor,  
         Senator Harris, 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 HB2492 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         Upon arrival of a quorum, Senator Harris moved that HB2168 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 4 absent.  Senator Harris  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.    
          
         At 12:16 p.m. there being a quorum present roll was called. 
          
         Upon arrival of a quorum, Senator Harris moved that HB2492 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 4 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 HB3441 and recognized Senator Truan, in the  
         absence of the Senate sponsor, to explain the bill.   
          
         Senator Truan moved that HB3441 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 4 absent.  Senator Truan moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 12:22 p.m. Senator Harris assumed the chair.   
          
         The chair laid out HB2504 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.  
          
         At 12:24 p.m. Senator Shapiro resumed the chair.   
          
         Senator Shapleigh sent up a committee substitute; the chair  
         recognized Senator Shapleigh to explain the difference between  
         the committee substitute and the bill as filed.  Senator  
         Shapleigh 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 HB2504 do not pass but that  
         CSHB2504 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 4  
  
         absent.  Senator Shapleigh moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         At 12:27 p.m. Senator Truan assumed the chair.   
          
         The chair laid out HB1697 and recognized Senator Shapiro, in the  
         absence of the Senate sponsor, to explain the bill.   
          
         Senator Shapiro moved that HB1697 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 4 absent.  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 HB1872 and recognized Senator Shapiro, in the  
         absence of the Senate sponsor, to explain the bill.  
          
         Senator Shapiro moved that HB1872 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 4 absent.  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 HB2124 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 Truan moved that HB2124 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2522 and recognized Senator Shapiro, in the  
         absence of the Senate sponsor, to explain the bill.   
          
         Senator Truan moved that HB2522 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB3359 and recognized Senator Shapiro, in the  
         absence of the Senate sponsor, to explain the bill.   
          
         Senator Truan moved that HB3359 be left pending to await a  
         quorum; without objection, it was so ordered. 
          
         At 12:37 p.m. Senator Shapiro resumed the chair.   
          
         At 12:37 p.m. the chair moved the committee stand at ease until  
         the call of the chair. 
          
         The chair called the meeting to order at 3:44 p.m. 
          
         The chair laid out HB149 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill. 
          
         Senator Shapiro moved that HB149 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 3:46 p.m. Senator Carona assumed the chair.   
          
         The chair laid out HB3071 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 Carona moved that HB3071 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB563 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill. 
          
         Senator Carona moved that HB563 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 3:50 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out HB299 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.   
          
         Senator Shapiro moved that HB299 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB15 and recognized Senator Shapleigh, in the  
         absence of the Senate sponsor, to explain the bill.   
          
         Senator Shapiro moved that HB15 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB1138 and recognized Senator Shapleigh, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         Senator Shapiro moved that HB1138 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2921 and recognized Senator Shapleigh, 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 Shapiro moved that HB2921 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         Previously HB7 by Senator Sibley, the Senate sponsor, was left  
         pending; Senator Harris had previously sent up Committee  
  
         Amendment 1 and Committee Amendment 2 and moved adoption;  
         without objection, the amendments were adopted.  Senator  
         Armbrister moved that HB7, 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.   
          
         Previously HB489 by Senator Lucio, the Senate sponsor, was left  
         pending; Senator Armbrister moved that HB489 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 3 absent.  Senator Harris  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Previously HB1168 by Senator Harris, the Senate sponsor, was  
         left pending; Senator sent up committee substitute and moved its  
         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 Harris moved that HB1168 do not pass but that CSHB1168  
         be reported favorably 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.   
          
         The chair moved for a motion to report HB1831 favorably as  
         substituted; previously Senator Harris had sent up a committee  
         substitute, and moved adoption; without objection, it was so  
         ordered.   
          
         Senator Harris moved that HB1831 do not pass but that CSHB1831  
         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 SB238 and recognized Senator Armbrister, in  
         the absence of the author, to explain the bill.  
          
         The chair called for a motion to report, there being none; the  
         chair then moved that SB238 be left pending; without objection,  
         it was so ordered.    
          
         The chair laid out HB3338 and recognized Senator Armbrister, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         The chair called for a motion to report, there being none; the  
         chair then moved that HB3338 be left pending; without objection,  
         it was so ordered.   
          
         Upon arrival of a quorum, Senator Madla moved that HB15 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 HB2124  
         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 HB2522  
         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 Madla moved that HB3359 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 Harris moved that HB149 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 Armbrister moved that HB299 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 Truan moved that HB1138 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 Truan  
         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 HB2921  
         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  
         Truan moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.    
          
         At 4:31 p.m. Senator Truan resumed the chair.   
  
         Upon arrival of a quorum, Senator Shapiro moved that HB563 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 HB3071 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 4:33 p.m. Senator Shapiro resumed the chair.   
          
         At 4:34 p.m. the chair moved the committee stand at ease until  
         the call of the chair. 
          
         The chair called the meeting to order at  7:14 p.m. 
          
         At 7:14 p.m. Senator Fraser assumed the chair.   
          
         The chair laid out HB2154 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.   
          
         Senator Fraser moved that HB2154 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 7:42 p.m. Senator Armbrister assumed the chair.   
          
         The chair laid out HB1820 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.   
          
         Senator Fraser moved that HB1820 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 7:16 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out HB1203 and recognized the Senate sponsor,  
         Senator Fraser, 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 HB1203 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2839 and recognized the Senate sponsor,  
         Senator Carona, 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 HB2839 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2119 and recognized Senator Armbrister, 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 Shapiro moved that HB2119 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2008 and recognized Senator Armbrister, 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 Shapiro moved that HB2008 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         Previously HB1117 by Senator Harris, the Senate sponsor, was  
         left pending; Senator Harris had sent up a committee substitute;  
         and moved adoption; without objection, it was so ordered.    
          
         Senator Shapiro moved that HB1117 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB1117  
         do not pass but that CSHB1117 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 3 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 Fraser moved that HB1203 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 3 absent.   
          
         Upon arrival of a quorum, Senator Shapiro moved that HB1820 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 3 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 HB2154 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 3 absent.  Senator  
         Shapiro moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         At 7:44 p.m. Senator Shapiro resumed the chair.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB2008  
         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 3 absent.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB2119  
         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 3 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 Carona moved that HB2839 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 3 absent.     
          
         There being no further business, at 7:48 p.m. Senator Shapiro  
         moved that the Committee be adjourned. Without objection, it was  
         so ordered.   
          
         Senator Florence Shapiro, Chair                   Cindy S.  
         Hodges, Clerk