MINUTES
SENATE COMMITTEE ON GOVERNMENT ORGANIZATION
Wednesday, April 2, 2003
1:00 p.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 Government
Organization was held on Wednesday, April 2, 2003, in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis None
Senator Jeff Wentworth
Senator Kenneth Armbrister
Senator Teel Bivins
Senator Kim Brimer
Senator Bill Ratliff
Senator John Whitmire
*****
The chair called the meeting to order at 1:05 p.m. There being
a quorum present, the following business was transacted:
The following members arrived after the roll was called:
Senator Jeff Wentworth
Senator Teel Bivins
Senator John Whitmire
The chair laid out SB 306 and recognized the author, Senator
Carona, to explain the bill. Senator Armbrister sent up a
committee substitute; the chair recognized Senator Carona to
explain the difference between the committee substitute and the
bill as filed. Senator Wentworth 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 Wentworth
moved that SB 306 do not pass but that CSSB 306 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 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 SCR 27 and recognized the author, Senator
Madla, to explain the bill. Senator Armbrister sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Armbrister requested unanimous
consent to roll the amendment into a committee substitute;
without objection, it was so ordered. Senator Ellis then moved
that the committee substitute be adopted; 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 Armbrister moved that SCR 27 do not pass but
that CSSCR 27 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 0 absent. Senator Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 775 and recognized the author, Senator
Averitt, to explain the bill. Senator Ratliff sent up a
committee substitute; the chair recognized Senator Averitt to
explain the difference between the committee substitute and the
bill as filed. Senator Ratliff 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 Armbrister moved
that SB 775 do not pass but that CSSB 775 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 0 absent. Senator Armbrister
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 915 and recognized the author, Senator
Fraser, to explain the bill. Senator Ratliff sent up a
committee substitute; the chair recognized Senator Ratliff to
explain the difference between the committee substitute and the
bill as filed. Senator Ratliff 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 Ellis moved that
SB 915 do not pass but that CSSB 915 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 0 absent.
Senator Wentworth assumed the chair.
The chair laid out SB 287 and recognized the author, Senator
Ellis, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Ellis to
explain the difference between the committee substitute and the
bill as filed. Senator Ellis moved adoption of the committee
substitute; without objection, it was so ordered. Senator Ellis
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Ellis sent up
Committee Amendment 2 and moved adoption; without objection, the
amendment was adopted. Both amendments were rolled into the
committee substitute and were adopted; without objection, the
new committee substitute 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 Wentworth moved that SB
287 do not pass but that CSSB 287 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 0 absent. Senator Ellis moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 277 and recognized the author, Senator
Ellis, to explain the bill. Senator Ratliff sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator Ratliff requested unanimous consent to
roll the amendment into a committee substitute; without
objection, it was so ordered. The chair recognized Senator
Ratliff to explain the difference between the committee
substitute and the filed bill. Senator Ellis then moved that the
committee substitute be adopted; 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 Ellis moved that SB 277 do not pass but that CSSB 277 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 0 absent.
The chair laid out SB 272 and recognized the author, Senator
Jackson, to explain the bill. Senator Armbrister sent up
Committee Amendment 1 and pulled the amendment down.
Senator Armbrister assumed the chair.
Senator Wentworth sent up Committee Amendment 2 and pulled it
down.
Senator Ellis resumed the chair.
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 Ellis
moved that SB 272 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, 1 nay, 0 present not
voting, and 1 absent.
Senator Armbrister assumed the chair.
The chair laid out CSSB 286 and recognized the author, Senator
Shapleigh, to explain CSSB 286, which consisted of adopting a
committee substitute and amendment #1 during the last Government
Organization Committee's hearing on March 26, 2003. Senator
Shapleigh explained the difference between the original bill and
committee substitute. Senator Ellis sent up Committee Amendment
2 and moved adoption; without objection, the amendment was
adopted.
Senator Ellis resumed the chair.
Senator Armbrister sent up Committee Amendment 3 and moved
adoption; it was not adopted. Senator Armbrister sent up
Committee Amendment 4 and moved adoption; without objection, the
amendment was adopted. Senator Ratliff sent up Committee
Amendment 5 and moved adoption; without objection, the amendment
was adopted. Senator Wentworth sent up Committee Amendment 6
and moved adoption; without objection, the amendment was
adopted. Senator Wentworth requested unanimous consent to roll
the amendments into the committee substitute; without objection,
it was so ordered. Senator Wentworth then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Wentworth moved that SB 286 do not pass but
that CSSB 286 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 1 absent.
The chair laid out CSSB 1147 and recognized the author, Senator
Shapleigh, to explain CSSB 1147, which consisted of Amendment
#1, rolled into the bill during the previous Government
Organization Committee's hearing on March 26, 2003. Senator
Wentworth sent up Committee Amendment 2 and moved adoption;
without objection, the amendment was adopted. Senator Wentworth
requested unanimous consent to roll the amendment into the
committee substitute; without objection, it was so ordered.
Senator Wentworth then moved that the new committee substitute
be adopted; without objection, it was so ordered. The witnesses
that testified and registered on the bill during the March 26th
Government Organization Committee's hearing are shown on the
attached list. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Wentworth
moved that SB 1147 do not pass but that CSSB 1147 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 1 absent.
The chair laid out SB 266 and recognized Senator Wentworth, in
the absence of the author, Senator Lucio, to explain the bill.
The witnesses that testified and registered on the bill during
the March 26th Government Organization Committee's hearing are
shown on the attached list. Senator Wentworth moved that SB 266
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 1 absent.
The chair laid out SB 648 and recognized the author, Senator
Wentworth, to explain the bill. Senator Wentworth sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Wentworth sent up Committee
Amendment 2 and moved adoption; without objection, the amendment
was adopted. Senator Wentworth sent up Committee Amendment 3
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 Wentworth requested unanimous consent to roll the
amendments into a committee substitute; without objection, it
was so ordered. Senator Wentworth then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Ellis moved that SB 648 do not pass but that CSSB 648 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 1 absent.
The chair laid out SB 95 and recognized Senator Ratliff, in the
absence of the author, Senator West, to explain the bill. The
witnesses that testified and registered on the bill during the
February 26th Government Organization Committee's hearing are
shown on the attached list. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Ratliff sent up a committee substitute; the chair
recognized Senator Ratliff to explain the difference between the
committee substitute and the bill as filed. Senator Ratliff
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Ellis moved that SB 95 do not pass
but that CSSB 95 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 1 absent.
The chair laid out SB 1701 and recognized the author, Senator
Wentworth, to explain the bill. 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. Due to some concerns with the fiscal note,
Senator Ellis asked that SB 1701 be left pending until next
week; without objection, it was so ordered.
There was no action taken on the following bill:
SB 571
The following senators sent "motions in writing" to be shown
voting "aye" on the following bills:
Senator Wentwoth:
SB 775
SCR 27
Senator Whitmire:
SB 287
SB 306
SB 775
SB 915
SCR 27
Voting "nay" on the following bill:
Senator Wentworth:
SB 272
Senator Bivins sent "motion in writing" to be shown voting with
Chairman Ellis on the following bills:
SB 95
SB 266
SB 272
SB 286
SB 287
SB 306
SB 775
SB 1147
SB 1701
SCR 27
Senator Bivins sent "motion in writing" to be shown voting with
Senator Ratliff on the following bills:
SB 277
SB 571
SB 648
SB 915
There being no further business, at 8:00 p.m., Senator Ellis
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
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Senator Rodney Ellis, Chair
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Karen Domino, Clerk