MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Friday, May 23, 2003 8:30 a.m. Capitol Extension, Room E1.016 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Intergovernmental Relations was held on Friday, May 23, 2003, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Frank Madla None Senator Kim Brimer Senator Bob Deuell Senator Mario Gallegos, Jr. Senator Jeff Wentworth ***** The chair called the meeting to order at 8:31 a.m. There being a quorum present, the following business was transacted: The chair laid out HB 2902 and recognized the Senate sponsor, Senator Estes, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 2902 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3591 and recognized the Senate sponsor, Senator Averitt, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 3591 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3583 and recognized Senator Brimer, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Brimer moved that HB 3583 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3584 and recognized Senator Brimer, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 3584 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2819 and recognized Senator Brimer, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Brimer moved that HB 2819 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 1956 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that SB 1956 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3578 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 3578 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2029 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 2029 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2961 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Brimer moved that HB 2961 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2799 and recognized the Senate sponsor, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 2799 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2255 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Madla moved that HB 2255 be left pending; without objection, it was so ordered. The chair laid out HB 1681 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Wentworth moved that HB 1681 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 0 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1777 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 1777 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 396 and recognized the Senate sponsor, Senator Williams, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Madla moved that HB396 be left pending; without objection it was so ordered. The chair laid out HB 1767 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 1767 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 3 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. The chair laid out HB 1934 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 1934 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2063 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 2063 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2073 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth 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. Senator Gallegos, Jr. moved that HB 2073 do not pass but that CSHB 2073 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2148 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 2148 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2212 and recognized the Senate sponsor, Senator Madla, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Madla sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Gallegos, Jr. moved that HB 2212, 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, 0 nay, 0 present not voting, and 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2237 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. 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. Senator Gallegos, Jr. moved that HB 2237 do not pass but that CSHB 2237 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2453 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. 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. Senator Gallegos, Jr. moved that HB 2453 do not pass but that CSHB 2453 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2678 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Deuell moved that HB 2678 be reported favorably to the Senate with the recommendation that it do pass and be SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Minutes Friday, May 23, 2003 page 6 printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2844 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Wentworth moved that HB 2844 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 0 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3167 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 3167 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3312 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 3312 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3419 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. 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. Senator Gallegos, Jr. moved that HB 3419 do not pass but that CSHB 3419 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 0 absent. The chair laid out HB 3504 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 3504 be reported SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Minutes Friday, May 23, 2003 page 7 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1770 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Gallegos, Jr. moved that HB 1770 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. The chair laid out HB 3546 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Brimer sent up a committee substitute; the chair recognized Senator Brimer to explain the difference between the committee substitute and the bill as filed. Senator Brimer moved adoption of the committee substitute; without objection, it was so ordered. Senator Brimer sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Madla sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Gallegos, Jr. moved that HB 3546 do not pass but that CSHB 3546 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Deuell requested to be shown voting aye on HBs: 2029, 2799, 2819, 3578, 3583, 1777 and SB 1956; without objection it was so ordered. Senator Brimer requested to be shown voting aye on HBs: 1767, 1934, 2063, 2073, 2148, 2212, 2237, 2453, 2678, 2844, 3167, 3312, 3419, 3504, 2902, 3584, 3591 and 1777; without objection it was so ordered. There being no further business, at 10:10 a.m. Senator Madla moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. At 2:14 a.m. the committee reconvened. The chair laid out HB 396 and recognized Senator Madla, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Brimer moved that HB 396 be reported favorably to SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Minutes Friday, May 23, 2003 page 8 the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. There being no further business, at 2:15 p.m. Senator Madla moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Frank Madla, Chair ______________________ Hillery Stephens, Clerk