MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Monday, March 24, 2003
1:30 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 State Affairs
was held on Monday, March 24, 2003, in the Senate Chamber at
Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Bill Ratliff Senator Chris Harris
Senator Todd Staples
Senator Kenneth Armbrister
Senator Robert Duncan
Senator Rodney Ellis
Senator Troy Fraser
Senator Frank Madla
Senator Jane Nelson
*****
Chairman Ratliff called the meeting to order at 3:30 p.m. There
being a quorum present, the following business was transacted:
There was no action taken for the following bill(s): SB 833.
Chairman Ratliff laid out SB 681 and recognized the author,
Senator Averitt, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chairman moved that the public testimony be closed; without
objection, it was so ordered. In the absence of a quorum,
Chairman Ratliff announced that votes would be taken on bills
laid out and left pending at approximately 5:00 p.m. The
chairman then moved that SB 681 be left pending to await a
quorum; without objection, it was so ordered. Later in the
hearing, upon the arrival of a quorum, Senator Armbrister moved
that SB 681 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. Pursuant to motions in writing, unanimous
consent was requested and granted for Senators Fraser and Nelson
to be shown voting aye (the 8 ayes include the motions in
writing). Senator Armbrister moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SB 342 and recognized the author, Senator
Shapleigh, to explain the bill. Senator Madla sent up a
committee substitute; the chairman recognized Senator Shapleigh
to explain the difference between the committee substitute and
the bill as filed. Senator Madla sent up Committee Amendment 1
and moved adoption; without objection, the amendment was
adopted. Witnesses testifying and registering on the bill are
shown on the attached list. Senator Armbrister assumed the chair
and testimony continued. Senator Armbrister moved that the
public testimony be closed; without objection, it was so
ordered. Senator Armbrister then moved that SB 342 be left
pending; without objection, it was so ordered.
Senator Armbrister laid out SB 407 and recognized the author,
Senator Deuell, to explain the bill. Senator Ellis sent up a
committee substitute; Senator Armbrister recognized Senator
Deuell to explain the difference between the committee
substitute and the bill as filed. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Armbrister moved that the public testimony be closed; without
objection, it was so ordered. Senator Ellis moved to adopt the
committee substitute; without objection, it was so ordered.
Senator Armbrister moved that SB 407 be left pending to await a
quorum; without objection, it was so ordered. Later in the
hearing, upon the arrival of a quorum, Senator Armbrister moved
that SB 407 do not pass but that CSSB 407 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. Pursuant to motions in
writing, unanimous consent was requested and granted for
Senators Fraser and Nelson to be shown voting aye (the 8 ayes
include the motions in writing). Senator Armbrister moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Armbrister laid out SB 1047 and recognized the author,
Senator Ellis, to explain the bill. Senator Ellis sent up a
committee substitute; Senator Armbrister recognized Senator
Ellis to explain the difference between the committee substitute
and the bill as filed. Witnesses testifying and registering on
the bill are shown on the attached list. Senator Ratliff resumed
the chair and moved that the public testimony be closed; without
objection, it was so ordered. Senator Ellis moved to adopt the
committee substitute; without objection, it was so ordered.
Senator Ellis moved that SB 1047 do not pass but that CSSB 1047
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. Pursuant
to motions in writing, unanimous consent was requested and
granted for Senators Fraser and Nelson to be shown voting aye
(the 8 ayes include the motions in writing).
The chairman laid out SB 839 and recognized the author, Senator
Duncan, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Staples assumed the chair and testimony continued. Senator
Ratliff resumed the chair and after testimony concluded, moved
that the public testimony be closed; without objection, it was
so ordered. Senator Ratliff moved that SB 839 be left pending
to await a quorum; without objection, it was so ordered. Later
in the hearing, upon the arrival of a quorum, Senator Ratliff
moved that SB 839 be left pending; without objection, it was so
ordered.
The chairman laid out SB 959 and recognized the author, Senator
Duncan, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chairman moved that the public testimony be closed; without
objection, it was so ordered. Senator Ratliff moved that SB 959
be left pending to await a quorum; without objection, it was so
ordered. Later in the hearing, upon arrival of a quorum,
Senator Duncan moved that SB 959 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. Pursuant to a motion in
writing, unanimous consent was requested and granted for Senator
Nelson to be shown voting aye (the 8 ayes include the motion in
writing). Senator Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SB 861 and recognized the author, Senator
Janek, to explain the bill. Senator Armbrister sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Witnesses testifying and registering on
the bill are shown on the attached list. The chairman moved
that the public testimony be closed; without objection, it was
so ordered. Senator Ratliff moved that SB 861 be left pending
to await a quorum; without objection, it was so ordered. Later
in the hearing, Senator Armbrister moved to roll the committee
amendment into a substitute; without objection, it was so
ordered. Then, upon arrival of a quorum, Senator Ellis moved
that SB 861 do not pass but that CSSB 861 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. Pursuant to a motion
in writing, unanimous consent was requested and granted for
Senator Nelson to be shown voting aye (the 8 ayes include the
motion in writing). Senator Ellis moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out SB 750 and recognized the author, Senator
Madla, to explain the bill. Senator Madla sent up Committee
Amendment 1. Senator Staples assumed the chair and opened
public testimony. Witnesses testifying and registering on the
bill are shown on the attached list. Senator Ratliff resumed the
chair. Senator Madla then moved that Committee Amendment 1 be
adopted; without objection, it was so ordered. The chairman
moved that the public testimony be closed; without objection, it
was so ordered. Senator Armbrister moved to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Madla moved that SB 750 do not pass but that
CSSB 750 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, 1 nay, 0 present not voting, and 1
absent. Pursuant to a motion in writing, unanimous consent was
requested and granted for Senator Nelson to be shown voting aye
(the 7 ayes include the motion in writing).
The chairman laid out SB 496, left pending from a previous
hearing. Senator Duncan moved to roll Committee Amendment 1
into the committee substitute pending before the committee;
without objection, it was so ordered. Senator Duncan moved to
adopt the committee substitute; without objection, it was so
ordered. Senator Duncan moved that SB 496 do not pass but that
CSSB 496 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, 2 nays, 0 present not voting, and 1
absent. Pursuant to a motion in writing, unanimous consent was
requested and granted for Senator Nelson to be shown voting aye
(the 6 ayes include the motion in writing).
There being no further business, at 6:35 p.m., Senator Ratliff
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
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Senator Bill Ratliff, Chairman
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Nancy B. Macken, Clerk