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.   
  
                                        
         ________________________ 
         Senator Bill Ratliff, Chairman 
          
         ______________________ 
         Nancy B. Macken, Clerk