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 The chair advised that HB2119 had been previously tagged; the tag later was withdrawn.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