MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                               Monday, March 31, 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 31, 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 4:30 p.m.  There  
         being a quorum present, the following business was transacted:   
          
         The chairman laid out, as pending business, SB 10 and the  
         committee substitute.  Senator Staples moved to adopt the  
         substitute; without objection, it was so ordered.  Senator  
         Staples moved that SB 10 do not pass but that CSSB 10 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 2 absent.  Pursuant to a  
         motion in writing, unanimous consent was granted for Senator  
         Fraser to be shown voting aye (the 7 ayes include the motion in  
         writing). 
          
         The chairman laid out, as pending business,  SB 116.  Senator  
         Armbrister moved that SB 116 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion failed by a record vote of 4 ayes, 3 nays, 0 present not  
         voting, and 2 absent.   
          
         The chairman laid out, as pending business, SB 342, the  
         committee substitute, and the committee amendment adopted at a  
         previous hearing.  Senator Ellis sent up a new committee  
         substitute and moved its adoption; without objection, it was so  
         ordered.  Senator Ratliff requested unanimous consent to  
  
         withdraw the committee amendment adopted at a previous hearing;  
         without objection, it was so ordered.  Senator Ellis moved that  
         SB 342 do not pass but that CSSB 342 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 2 absent.  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, as pending business, SB 382.  Senator  
         Armbrister moved that SB 382 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 granted for Senator Fraser to be shown  
         voting aye (the 8 ayes include the motion 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, as pending business, SB 541 and the  
         committee substitute.  Senator Duncan sent up Committee  
         Amendment 1 and moved adoption; without objection, the amendment  
         was adopted.  Senator Duncan requested unanimous consent to roll  
         the amendment into a new committee substitute; without  
         objection, it was so ordered.   Senator Duncan moved that SB 541  
         do not pass but that CSSB 541 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 granted for Senator Fraser to be shown  
         voting aye (the 7 ayes include the motion in writing). 
          
         The chairman laid out, as pending business, SB 563 and the  
         committee substitute.  Senator Armbrister moved to adopt the  
         committee substitute; without objection, it was so ordered.   
         Senator Armbrister moved that SB 563 do not pass but that CSSB  
         563 be reported back to the Senate with the recommendation that  
         it do pass and be printed.  The motion failed by a record vote  
         of 3 ayes, 4 nays, 0 present not voting, and 2 absent.   
          
         The chairman laid out, as pending business, SB 857.  Senator  
         Madla moved that SB 857 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 granted for Senator Fraser to be shown  
         voting aye (the 8 ayes include the motion in writing).  Senator  
         Madla moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chairman laid out, as pending business, SB 833 and  
         recognized the author, Senator Williams to  explain the bill.   
         Senator Armbrister sent up a committee substitute; the chairman  
  
         recognized Senator Williams to explain the difference between  
         the committee substitute and the bill as filed.  The chairman  
         opened public testimony; there being no one present wishing to  
         testify or register on SB 833, public testimony was closed  
         without objection.  Senator Ratliff moved that SB 833 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Later in the hearing, upon arrival of a quorum and with Senator  
         Staples in the chair, Senator Ellis moved that SB 833 do not  
         pass but that CSSB 833 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 2 absent.  Pursuant to motions in writing, unanimous  
         consent was granted for Senators Ratliff and Nelson to be shown  
         voting aye (the 7 ayes include the motions in writing).   
          
         The chairman laid out SB 174 and recognized Senator Armbrister,  
         in the absence of the author, to explain the bill.  Senator  
         Armbrister sent up a committee substitute; the chairman  
         recognized Senator Armbrister 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.  The chairman moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Armbrister moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Ratliff moved that SB 174 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 174 do not pass but that CSSB 174 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 granted for Senators Duncan and  
         Nelson to be shown voting aye (the 8 ayes include the motions in  
         writing).  Senator Staples moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         The chairman laid out SB 331 and recognized the author, Senator  
         Brimer, 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 331  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Later in the hearing, upon arrival of a quorum,  
         Senator Staples moved that SB 331 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, 1 nay, 0  
         present not voting, and 2 absent.  Pursuant to a motion in  
         writing, unanimous consent was granted for Senator Nelson to be  
         shown voting aye (the 6 ayes include the motion in writing).  
          
         The chairman laid out SB 194 and recognized the author, Senator  
         Staples, to explain the bill.  Senator Staples sent up a  
         committee substitute; the chairman recognized Senator Staples to  
         explain the difference between the committee substitute and the  
  
         bill as filed.  Witnesses testifying 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  
         Staples moved adoption of the committee substitute; without  
         objection, it was so ordered. Senator Ratliff moved that SB 194  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Later, upon arrival of a quorum, Senator Staples moved  
         that SB 194 do not pass but that CSSB 194 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 granted for Senators Duncan and  
         Nelson to be shown voting aye (the 8 ayes include the motions in  
         writing).  Senator Staples moved that the bill be recommended  
         for placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senator Staples assumed the chair and laid out SB 912 and  
         recognized the author, Senator Ratliff, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Senator Staples moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Ratliff moved that SB 912 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 granted for Senators Duncan and  
         Nelson to be shown voting aye (the 8 ayes include the motions in  
         writing). Senator Ratliff moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.  Senator Ratliff resumed the  
         chair.   
          
         The chairman laid out SB 1091 and recognized the author, Senator  
         Shapiro, 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 Madla requested  
         unanimous consent to roll the amendments into a committee  
         substitute; without objection, it was so ordered.  Senator  
         Ratliff moved that SB 1091 be left pending; without objection,  
         it was so ordered.  Later in the hearing, Senator Staples (in  
         the chair) requested  unanimous consent to close public  
         testimony on SB 1091; without objection, it was so ordered. 
          
         The chairman laid out SB 1282 and recognized the author, Senator  
         Fraser, to explain the bill.  Senator Staples sent up a  
         committee substitute; the chairman recognized Senator Fraser 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.  The chairman moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Fraser moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Fraser moved that SB 1282 do not pass but that CSSB 1282 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 granted for Senators  
         Duncan and Nelson to be shown voting aye (the 8 ayes include the  
         motions in writing). Senator Fraser moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Staples assumed the chair and laid out SB 1875 and  
         recognized the author, Senator Ratliff, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Senator Staples moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Armbrister moved that SB 1875 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 granted for Senators Duncan  
         Ratliff, 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 Staples laid out SJR 19 and recognized the author,  
         Senator Williams, to explain the bill. Senator Staples opened  
         public testimony; there being no one present wishing to testify  
         or register on SJR 19, public testimony was closed without  
         objection. Senator Fraser moved that SJR 19 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 granted for Senators  
         Duncan Ratliff, and Nelson to be shown voting aye (the 8 ayes  
         include the motions in writing).  
          
         There being no further business, at 6:10 p.m., Senator Staples  
         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