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