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