MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, April 24, 2003
8:00 a.m.
Capitol Extension Auditorium
*****
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 Thursday, April 24, 2003, in the Capitol Extension
Auditorium at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Bill Ratliff None
Senator Todd Staples
Senator Kenneth Armbrister
Senator Robert Duncan
Senator Rodney Ellis
Senator Troy Fraser
Senator Chris Harris
Senator Frank Madla
Senator Jane Nelson
*****
There was no action taken for the following bill(s): SB 563
(posting rule was suspended on the senate floor), SB 1241
Chairman Ratliff called the meeting to order at 8:04 a.m., laid
out SB 467, and recognized the author, Senator Averitt, to
explain the bill. Senator Staples sent up a committee
substitute; the chairman recognized Senator Averitt to explain
the difference between the committee substitute and the bill as
filed. At 8:08 a.m., Senator Staples assumed the chair.
Witnesses testifying 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 Nelson sent up
Committee Amendment 2 and moved adoption; without objection, the
amendment was adopted. Senator Nelson sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator Armbrister sent up Committee Amendment 3
and moved adoption; without objection, the amendment was
adopted. Senator Armbrister requested unanimous consent to roll
the amendments into a committee substitute; without objection,
it was so ordered. Senator Staples then moved that the
committee substitute be adopted; without objection, it was so
ordered. Senator Staples moved that SB 467 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum in the afternoon session, and with Senator
Ratliff back in the chair, Senator Duncan moved that SB 467 be
reported favorably 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 requested and
granted for Senators Fraser and Harris to be shown voting aye
(the 7 ayes include the motions in writing).
Senator Staples announced that Senator Armbrister had pulled SB
1241.
Senator Staples laid out SB 1415 and recognized the author,
Senator Deuell, 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 Armbrister then
moved that the committee substitute be adopted; without
objection, it was so ordered. Public testimony was opened.
There being no one present who wanted to testify or register on
the bill testimony was closed. Senator Staples moved that SB
1415 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum in the afternoon
session, and with Senator Ratliff back in the chair, Senator
Nelson moved that SB 1415 do not pass but that CSSB 1415 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 requested and granted
for Senators Fraser and Harris to be shown voting aye (the 7
ayes include the motions in writing). Senator Nelson moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Staples laid out SB 450 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. 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 Staples moved that SB 450 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum in the afternoon session, and with Senator
Ratliff back in the chair, Senator Ellis moved that SB 450 do
not pass but that CSSB 450 (the Armbrister substitute) 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 requested and granted
for Senators Fraser and Harris to be shown voting aye (the 7
ayes include the motions in writing).
Senator Staples laid out SB 1752 and recognized the author,
Senator Estes, to explain the bill. Senator Armbrister sent up
a committee substitute; the chair recognized Senator Estes to
explain the difference between the committee substitute and the
bill as filed. Witnesses 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 adoption of the committee substitute;
without objection, it was so ordered. Senator Staples moved
that SB 1752 be left pending; without objection, it was so
ordered.
Senator Staples laid out SB 1119 and recognized the author,
Senator Williams, to explain the bill. Witnesses testifying 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 Staples moved that SB 1119 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum in the afternoon session, and with Senator
Ratliff back in the chair, Senator Nelson moved that SB 1119 be
reported favorably 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 requested and
granted for Senators Fraser and Harris to be shown voting aye
(the 7 ayes include the motions in writing).
Senator Staples laid out SB 1708 and recognized the author,
Senator Wentworth, to explain the bill. Senator Ellis 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 Staples moved
that the public testimony be closed; without objection, it was
so ordered. Senator Staples moved that SB 1708 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum in the afternoon session, and with Senator
Ratliff in the chair, Senator Duncan moved that SB 1708, as
amended, 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
requested and granted for Senator Harris to be shown voting aye
(the 7 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.
Senator Staples laid out SJR 57 and recognized the author,
Senator Wentworth, to explain the bill. Witnesses 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 Staples moved that SJR 57 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum in the afternoon session, and with
Senator Ratliff back in the chair, Senator Duncan moved that
SJR 57 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 3 absent. Pursuant to a motion in writing,
unanimous consent was requested and granted for Senator Harris
to be shown voting aye (the 6 ayes include the motions in
writing).
At 9:56 a.m., Senator Ellis assumed the chair, laid out SB 254,
and recognized Senator Wentworth, in the absence of the author,
to explain the bill. Witnesses registering on the bill are
shown on the attached list. Senator Ellis moved that the public
testimony be closed; without objection, it was so ordered.
Senator Ellis moved that SB 254 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum in the afternoon session, and with Senator Ratliff back
in the chair, Senator Ellis moved that SB 254 be reported
favorably 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 requested and granted
for Senators Fraser and Harris to be shown voting aye (the 7
ayes include the motions in writing).
Senator Ellis laid out SB 1155 and recognized Senator Wentworth,
in the absence of the author, to explain the bill. Witnesses
testifying and registering on the bill are shown on the attached
list. Senator Ellis moved that the public testimony be closed;
without objection, it was so ordered. Senator Ellis moved that
SB 1155 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum in the afternoon
session, and with Senator Ratliff back in the chair, Senator
Nelson moved that SB 1155 be reported favorably 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 requested and granted for Senators Fraser
and Harris to be shown voting aye (the 7 ayes include the
motions in writing). Senator Nelson moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Ellis laid out SB 1482 and recognized Senator Wentworth,
in the absence of the author, to explain the bill. Witnesses
testifying on the bill are shown on the attached list. Senator
Ellis moved that the public testimony be closed; without
objection, it was so ordered. Senator Ellis moved that SB 1482
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum in the afternoon session, and
with Senator Ratliff back in the chair, Senator Nelson moved
that SB 1482 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 3 absent. Pursuant to a motion in writing,
unanimous consent was requested and granted for Senator Harris
to be shown voting aye (the 6 ayes include the motion in
writing). Senator Nelson moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Ellis laid out SB 1776 and recognized Senator Wentworth,
in the absence of the author, to explain the bill. Senator
Madla sent up a committee substitute; the chair recognized
Senator Wentworth to explain the difference between the
committee substitute and the bill as filed. Senator Madla moved
adoption of the committee substitute; without objection, it was
so ordered. Witnesses registering on the bill are shown on the
attached list. Senator Ellis moved that the public testimony be
closed; without objection, it was so ordered. Senator Ellis
moved that SB 1776 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum in the
afternoon session, and with Senator Ratliff back in the chair,
Senator Ellis moved that SB 1776 do not pass but that CSSB 1776
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 requested and
granted for Senator Harris to be shown voting aye (the 7 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.
Senator Ellis laid out SB 1618 and recognized Senator Wentworth,
to explain the bill (Senator Ellis was the author but he was in
the chair). Senator Madla sent up a committee substitute;
Senator Ellis recognized Senator Wentworth 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. Senator
Madla requested unanimous consent to roll the amendment into a
committee substitute; without objection, it was so ordered.
Senator Madla 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. Senator Ellis moved that SB 1618 be left pending to await
a quorum; without objection, it was so ordered.
At 10:50 a.m., Senator Ellis moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 3:30 p.m. the committee reconvened with Senator Ratliff in
the chair. The chairman laid out SJR 38 and recognized the
author, Senator Brimer, to explain the bill. Senator Ellis sent
up a committee substitute; the chair recognized Senator Brimer
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 Ratliff moved that SJR 38 be left pending;
without objection, it was so ordered.
The chairman laid out SB 1618 which was left pending in the
morning session, and recognized Senator Ellis to explain the
compromise worked out during the break. Senator Ellis requested
that William Goodman, TDI, come forward to discuss the
compromise. Will Davis also participated in the discussion.
Senator Ellis sent up Committee Amendment 2 and moved adoption;
without objection, the amendment was adopted. Senator Ellis
requested unanimous consent to roll the amendment into the
committee substitute; without objection, it was so ordered.
Witnesses 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.
The Chairman announced that the committee would stand at ease
until 4:30 p.m.
At 4:35 p.m., the committee reconvened and established a quorum.
The chairman then preceded to lay out the bills which were left
pending to await a quorum, and to take votes. Details are
included in each bill's summary of committee action noted above,
with the exception of SB 1618. The chairman laid out SB 1618.
Senator Ellis moved to reconsider the motion to roll Committee
Amendment 2 into the substitute; without objection, it was so
ordered. Senator Ellis moved to withdraw Committee Amendment 2;
without objection, it was so ordered. Senator Ellis moved to
reconsider the motion to roll Committee Amendment 1 into the
substitute; without objection, it was so ordered. Senator Ellis
moved to reconsider the vote to adopt Committee Amendment 1;
without objection, it was so ordered. Senator Ellis then sent
up an amendment (Committee Amendment 1a) to Committee Amendment
1. Senator Ellis moved adoption; without objection, it was so
ordered. Senator Ellis then moved adoption of Committee
Amendment 1 as amended; without objection, it was so ordered.
Senator Ellis then sent up a new Committee Amendment 2 and moved
adoption; without objection, it was so ordered. Senator Ellis
requested unanimous consent to roll the amendments into a
committee substitute; without objection, it was so ordered.
Senator Ellis then moved to adopt the committee substitute;
without objection, it was so ordered. Senator Ellis moved that
SB 1618 do not pass but that CSSB 1618 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 requested and granted for Senator
Harris to be shown voting aye (the 7 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.
There being no further business, at 4:50 p.m., Senator Ratliff
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
________________________
Senator Bill Ratliff, Chairman
______________________
Nancy B. Macken, Clerk