MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, May 8, 2003
8:30 a.m., or upon adjournment of the
Local & Uncontested Calendar
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 Thursday, May 8, 2003, in the Senate Chamber at
Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Todd Staples Senator Bill Ratliff
Senator Kenneth Armbrister Senator Robert Duncan
Senator Rodney Ellis
Senator Troy Fraser
Senator Chris Harris
Senator Frank Madla
Senator Jane Nelson
*****
Vice Chairman Staples, the acting chairman, called the meeting
to order at 8:34 a.m., and the following business was
transacted:
Senator Staples laid out SB 1675 and recognized the author,
Senator Fraser, to explain the bill. Senator Fraser sent up a
committee substitute; the chair recognized Senator Fraser to
explain the difference between the committee substitute and the
bill as filed. At 8:39 a.m., a quorum was established.
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 Fraser moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Fraser moved that SB 1675 do not pass but
that CSSB 1675 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, 0 nay, 0 present not
voting, and 3 absent. Senator Fraser moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Staples announced that the following bills had been
pulled by the author and would not be heard: SB 1547, SB 1938,
and SB 159.
Senator Staples laid out SR 373 and recognized the author,
Senator Wentworth, to explain the resolution. Senator Staples
opened public testimony; there being no one present wishing to
testify or register on the resolution, public testimony was
closed without objection. Senator Armbrister moved that SR 373
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.
Senator Nelson moved that the resolution be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Staples laid out SB 1305 and recognized the author,
Senator Lucio, to explain the bill. Senator Madla sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. After a discussion on the adopted
amendment, Senator Madla requested unanimous consent to
reconsider the adoption of Committee Amendment 1; without
objection, it was so ordered. Senator Staples opened public
testimony; there being no one present wishing to testify or
register on the bill, public testimony was closed without
objection. Senator Staples moved that SB 1305 as amended be left
pending; without objection it was so ordered. During the
afternoon session, Senator Staples laid out, as pending
business, SB 1305 as amended. Senator Armbrister moved that
Committee Amendment 1 be withdrawn; without objection, it was so
ordered. Senator Armbrister sent up a committee substitute and
Senator Staples moved its adoption; without objection, it was so
ordered. Senator Armbrister moved that SB 1305 do not pass but
that CSSB 1305 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 laid out SB 1205 and recognized the author,
Senator Lindsay, to explain the bill. Senator Ellis sent up a
committee substitute; the chair recognized Senator Lindsay 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 Staples moved that SB 1205 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Staples moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Harris moved that SB 1205 do not pass but that CSSB 1205 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 Harris
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB 904 and recognized the author, Senator
Lindsay, to explain the bill. Senator Ellis sent up a committee
substitute; the chair recognized Senator Lindsay 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 Staples moved that the public testimony
be closed; without objection, it was so ordered. Senator
Staples moved that SB 904 be left pending; without objection, it
was so ordered.
Senator Staples laid out SB 1061 and recognized the author,
Senator Ellis, to explain the bill. Senator Armbrister 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 Nelson moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 1061 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Ellis moved that SB 1061 do not pass but that CSSB 1061
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, 0 nay, 0 present not voting, and 3 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 SB 137 and recognized the author,
Senator Ellis, to explain the bill. Senator Nelson 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. During testimony, Senator
Harris assumed the chair at 9:34 a.m. At 9:45 a.m., Senator
Staples resumed the chair and testimony continued. Senator
Staples 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 Staples moved that SB 137 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that SB 137 do not pass but that
CSSB 137 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, 0 nay, 0 present not voting, and 3
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 SB 637 and recognized the author,
Senator Nelson, to explain the bill. Senator Nelson sent up a
committee substitute; the chair recognized Senator Nelson 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 adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 637 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Nelson moved that SB 637 do not pass but that CSSB 637
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, 0 nay, 0 present not voting, and 3 absent. 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 1720 and recognized the author,
Senator Williams, to explain the bill. Senator Nelson sent up a
committee substitute; the chair recognized Senator Williams to
explain the difference between the committee substitute and the
bill as filed. Senator Nelson 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 Nelson requested unanimous consent to roll the amendment
into a committee substitute; without objection, it was so
ordered. Senator Nelson moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 1720 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Nelson moved that SB 1720 do not pass but that CSSB 1720
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
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 1117 and recognized the author,
Senator Williams, to explain the bill. Senator Nelson sent up a
committee substitute; the chair recognized Senator Williams 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 adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 1117 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Nelson moved that SB 1117 do not pass but that CSSB 1117
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
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 1192 and recognized the author,
Senator Carona, to explain the bill. Senator Nelson sent up a
committee substitute; the chair recognized Senator Carona 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 Nelson moved adoption of the committee substitute;
without objection, it was so ordered. Senator Staples moved that
SB 1192 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Ellis moved
that SB 1192 do not pass but that CSSB 1192 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 laid out SB 1576 and recognized the author,
Senator Carona, to explain the bill. Senator Nelson 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 adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 1576 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Nelson moved to reconsider the adoption of the committee
substitute; without objection, it was so ordered. Senator
Nelson sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Nelson 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. Senator Staples moved
that SB 1576 be left pending; without objection, it was so
ordered.
Senator Staples recognized Senator Harris. Senator Harris moved
to reconsider the motion to report SB 1675 back to the full
senate (which also rescinded the Local and Uncontested
certification); without objection, it was so ordered. Senator
Harris then requested that the State-Federal Relations staff
return during the afternoon session to discuss the agency's
expenditures. Senator Staples moved that SB 1675 be left
pending; without objection it was so ordered. Later in the
hearing, Senator Staples recognized Senator Fraser on SB 1675.
The committee discussed reporting the bill back to the full
senate at this time and waiting to talk to the State-Federal
Relations staff at a later date. Senator Fraser moved that SB
1675 do not pass but that CSSB 1675 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 laid out SB 1313 and recognized the author,
Senator Van de Putte, to explain the bill. Senator Harris sent
up a committee substitute; the chair recognized Senator Van de
Putte 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 Armbrister moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 1313 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Staples moved that SB 1313 be left pending; without
objection, it was so ordered.
Senator Staples laid out SB 1575 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 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 adoption of the committee substitute;
without objection, it was so ordered. Senator Staples moved
that SB 1575 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Ellis moved that SB 1575 do not pass but that CSSB 1575 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 laid out SB 1579 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 adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 1579 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Staples moved that SB 1579 be left pending; without
objection, it was so ordered.
At 4:16 p.m., Senator Armbrister assumed the chair, laid out
SCR 24, and recognized Senator Staples, in the absence of the
author, to explain the resolution. Witnesses registering on the
resolution are shown on the attached list. Senator Armbrister
moved that the public testimony be closed; without objection, it
was so ordered. Senator Armbrister moved that SCR 24 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Nelson moved that SCR 24 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
Nelson moved that the resolution be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Armbrister laid out SB 728 and recognized the author,
Senator Staples, to explain the bill. 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 Armbrister moved that SB
728 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Ellis moved that
SB 728 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.
At 4:25 p.m., Senator Staples resumed the chair, laid out SB
1387, and recognized the author, Senator Armbrister, 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 1387 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Armbrister moved that SB 1387 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 Armbrister moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered. Senator Nelson
moved to reconsider certifying SB 1387 for the Local and
Uncontested Calendar; without objection, it was so ordered.
Senator Staples laid out SB 478 and recognized Senator
Armbrister, in the absence of the author, to explain the bill.
Senator Armbrister sent up a committee substitute; the chair
recognized Senator Armbrister 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 478 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Ellis moved that SB 478 do not pass
but that CSSB 478 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 Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Staples laid out SB 588 and recognized Senator
Armbrister, 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 SB 588 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that SB 588 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 Armbrister
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Staples laid out SB 1474 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. 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 Ellis requested unanimous consent to roll
the amendment into a committee substitute; without objection, it
was so ordered. Senator Ellis moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 1474 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Ellis moved that SB 1474 do not pass but that CSSB 1474
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 laid out SB 879 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 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 adoption of the committee
substitute; without objection, it was so ordered. Senator
Staples moved that SB 879 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Ellis moved that SB 879 do not pass but that CSSB 879 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 SB 1243 and recognized the author,
Senator Armbrister, to explain the bill. Senator Armbrister sent
up a committee substitute; the chair recognized Senator
Armbrister to explain the difference between the committee
substitute and the bill as filed. At 4:50 p.m., Senator Staples
passed the gavel to Senator Ellis. Witnesses testifying and
registering on the bill are shown on the attached list. At 4:56
p.m., Senator Staples resumed the chair and testimony continued.
At 5:40 p.m., Senator Staples passed the gavel to Senator Nelson
and testimony on SB 1243 continued. At 6:15 p.m., Senator
Staples resumed the chair. Senator Staples moved that the
public testimony be closed; without objection, it was so
ordered. The committee stood at ease for a brief period of
time. Senator Staples called the committee to order and moved
that SB 1243 be left pending; without objection, it was so
ordered.
Senator Staples laid out, as pending business, SB 319 and
recognized the author, Senator Armbrister. Senator Armbrister
moved to withdraw the pending Ellis substitute laid out at a
previous hearing; without objection, it was so ordered. Senator
Armbrister moved to reconsider the motion to adopt Committee
Amendment 1 which was adopted at a previous hearing; without
objection, it was so ordered. Senator Armbrister then moved to
withdraw Committee Amendment 1; without objection, it was so
ordered. Senator Armbrister sent up Committee Amendment 2 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.
Senator Staples moved that SB 319 be left pending; without
objection, it was so ordered.
There being no further business, at 7:10 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