MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Monday, April 28, 2003
8:00 a.m.
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, April 28, 2003, in the Senate Chamber at
Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Bill Ratliff Senator Frank Madla
Senator Todd Staples
Senator Kenneth Armbrister
Senator Robert Duncan
Senator Rodney Ellis
Senator Troy Fraser
Senator Chris Harris
Senator Jane Nelson
*****
Chairman Ratliff called the meeting to order at 8:00 a.m., laid
out SB 215, and recognized the author, Senator Lindsay, to
explain the bill. At 8:03 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
Staples moved that SB 215 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Ellis moved that SB 215 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 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).
Senator Staples laid out SB 757 and recognized the author,
Senator Brimer, 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 SB 757 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Harris moved that SB 757 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 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). Senator Harris moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Staples laid out SB 891 and recognized the author,
Senator Duncan, 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 SB 891 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Duncan moved that SB 891 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 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).
Senator Staples laid out SB 1599 and recognized the author,
Senator Armbrister, to explain the bill. In Senator
Armbrister's explanation, he indicated that he would like to
leave the bill pending in order to pick up the companion house
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 Staples moved that SB 1599 be left pending;
without objection, it was so ordered.
Senator Staples laid out SB 1804 and recognized the author,
Senator Harris, to explain the bill. Senator Harris sent up a
committee substitute; the chair recognized Senator Harris 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 Harris moved adoption of the committee substitute;
without objection, it was so ordered. Senator Staples moved
that SB 1804 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Harris moved that SB 1804 do not pass but that CSSB 1804 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 Nelson to be shown voting aye (the 7 ayes include
the motion in writing). Senator Harris moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 8:40 a.m. Senator Armbrister assumed the chair, laid out SB
977, and recognized the author, Senator Staples, to explain the
bill. Senator Staples sent up a committee substitute; the chair
recognized Senator Staples 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 Staples
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Armbrister moved that SB 977 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum and with Senator Armbrister in the
chair, Senator Staples moved that SB 977 do not pass but that
CSSB 977 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 Nelson to be shown voting aye
(the 7 ayes include the motion in writing). Senator Harris moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 9:00 a.m., Senator Staples resumed the chair, laid out SB
1601, and recognized the author, Senator Ellis, to explain the
bill. Senator Ellis sent up a committee substitute; the chair
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. At
9:05 a.m., roll was called, and a quorum was established.
Senator Ellis moved adoption of the committee substitute;
without objection, it was so ordered. Senator Staples moved
that the public testimony be closed; without objection, it was
so ordered. Senator Ellis moved that SB 1601 do not pass but
that CSSB 1601 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 Nelson
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 Staples laid out SB 1611 and recognized the author,
Senator Ellis, to explain the bill. Senator Ellis sent up a
committee substitute; the chair recognized Senator Ellis to
explain the difference between the committee substitute and the
bill as filed. Senator Ellis moved adoption of the committee
substitute; without objection, it was so ordered. 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 Ellis
moved that SB 1611 do not pass but that CSSB 1611 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 Nelson to be shown voting aye (the 7 ayes include the
motion in writing).
Senator Staples laid out as pending business, SB 1752. Senator
Ellis moved that SB 1752 do not pass but that CSSB 1752
(committee substitute was adopted on April 24th) 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 Nelson 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 Staples laid out SB 1160 and recognized the author,
Senator Barrientos, 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 1160 be left pending;
without objection, it was so ordered.
At 9:55 a.m., Senator Fraser assumed the chair, laid out SB
1836, and recognized the author, Senator Staples, to explain the
bill. Senator Staples sent up a committee substitute; the chair
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. Senator
Fraser moved that the public testimony be closed; without
objection, it was so ordered. Senator Fraser moved that SB 1836
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum and with Senator Harris in
the chair, Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples then moved that SB 1836 do not pass but that CSSB 1836 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 5
ayes, 0 nay, 0 present not voting, and 4 absent. Senator
Staples moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Staples laid out SB 1213 and recognized Senator Ellis,
in the absence of the author, to explain the bill. Senator
Ellis sent up a committee substitute; the chair 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
Staples moved that the public testimony be closed; without
objection, it was so ordered. Senator Staples moved that SB
1213 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Ellis moved
adoption of the committee substitute; without objection, it was
so ordered. Then, Senator Ellis moved that SB 1213 do not pass
but that CSSB 1213 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 4 absent. Senator Ellis moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Staples laid out SJR 51 and recognized Senator Ellis, in
the absence of the author, 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 Staples
moved that SJR 51 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Ellis moved that SJR 51 be reported favorably to the Senate with
the recommendation that it do pass and be printed. The motion
carried with a record vote of 5 ayes, 0 nay, 0 present not
voting, and 4 absent. 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 10:15 a.m. Senator Staples
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