MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                                Monday, May 12, 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, May 12, 2003, in the Senate Chamber at  
         Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Bill Ratliff                    Senator Robert Duncan 
         Senator Todd Staples 
         Senator Kenneth Armbrister 
         Senator Rodney Ellis 
         Senator Troy Fraser 
         Senator Chris Harris 
         Senator Frank Madla 
         Senator Jane Nelson 
                                           
                                       ***** 
                                           
         Chairman Ratliff called the meeting to order at 8:00 a.m.  A  
         quorum having been established, the following business was  
         transacted:   
          
         The chairman laid out HB 15 and recognized the Senate sponsor,  
         Senator Williams, 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.  Chairman Ratliff moved that HB 15  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Senator Staples requested unanimous  
         consent to roll the amendment 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 HB 15  
         do not pass but that CSHB 15 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.   
          
         The chairman laid out HB 752 and recognized the Senate sponsor,  
         Senator Williams, to explain the bill.  Senator Staples sent up  
  
         a committee substitute; the chairman 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.  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.  Chairman  
         Ratliff moved that HB 752 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Nelson moved that HB 752 do not pass but that CSHB 752  
         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.  Senator  
         Nelson moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chairman  laid out HB 1984 and recognized the Senate  
         sponsor, Senator Armbrister, to explain the bill.  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.  Chairman Ratliff moved that HB  
         1984 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Armbrister  
         moved that HB 1984 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.  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 HB 928 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  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.  Chairman Ratliff moved that HB 928 be left pending;  
         without objection, it was so ordered.  
          
         Chairman Ratliff laid out HB 1174 and recognized the Senate  
         sponsor, Senator Staples, to explain the bill.  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.  Chairman Ratliff moved that HB  
         1174 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Staples moved  
         that HB 1174 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.  Senator Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Chairman Ratliff passed the gavel to Senator Staples.  Senator  
         Staples laid out HB 1171 and recognized the Senate sponsor,  
  
         Senator Ratliff, 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 HB 1171 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, and with Senator Staples in the chair,  
         Senator Ratliff moved that HB 1171 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.  Senator Ratliff moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chairman laid out HB 671 and recognized Senator Staples, in  
         the absence of the Senate sponsor, to explain the bill.  The  
         chairman opened public testimony.  There being no one present  
         wishing to testify or register on the bill, the chairman moved  
         that public testimony be closed; without objection, it was so  
         ordered.  Chairman Ratliff moved that HB 671 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Armbrister moved that HB 671 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.  Senator  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
         Chairman Ratliff laid out HB 296 and recognized Senator  
         Armbrister, in the absence of the Senate sponsor, to explain the  
         bill.  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.  Chairman Ratliff  
         moved that HB 296 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Harris moved that HB 296 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.  Senator Harris moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chairman laid out HB 2089 and recognized Senator Armbrister,  
         in the absence of the Senate sponsor, to explain the bill.   
         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.  Chairman Ratliff moved  
         that HB 2089 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Nelson moved that HB 2089 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.  Senator Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
  
         The chairman laid out HB 294 and recognized the Senate sponsor,  
         Senator Barrientos, to explain the bill.  Chairman Ratliff  
         opened public testimony.  There being no one present wishing to  
         testify or register on the bill, the chairman moved that public  
         testimony be closed; without objection, it was so ordered.  
         Chairman Ratliff moved that HB 294 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Staples moved that HB 294 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.  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 HB 2093 and recognized the Senate sponsor,  
         Senator Staples, to explain the bill.  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.  Chairman Ratliff moved that HB 2093 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Staples moved that HB 2093 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.  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 HCR 34 and recognized the Senate sponsor,  
         Senator Staples, to explain the resolution.  The chairman opened  
         public testimony.  There being no one present wishing to testify  
         or register on the resolution, the chairman moved that public  
         testimony be closed; without objection, it was so ordered.  
         Chairman Ratliff moved that HCR 34 be left pending; without  
         objection, it was so ordered.   
          
         The chairman laid out HCR 13 and recognized Senator Armbrister,  
         in the absence of the Senate sponsor, to explain the resolution.   
         The chairman opened public testimony.  There being no one  
         present wishing to testify or register on the resolution, the  
         chairman moved that public testimony be closed; without  
         objection, it was so ordered. Chairman Ratliff moved that HCR 13  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples moved that  
         HCR 13 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.  Senator Staples moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Chairman Ratliff laid out HCR 14 and recognized Senator  
         Armbrister, in the absence of the Senate sponsor, to explain the  
         resolution.  The chairman opened public testimony.  There being  
         no one present wishing to testify or register on the resolution,  
         the chairman moved that public testimony be closed; without  
         objection, it was so ordered. Chairman Ratliff moved that HCR 14  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Staples moved that  
         HCR 14 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.  Senator Staples moved that the resolution  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chairman laid out HB 581 and recognized the Senate sponsor,  
         Senator Fraser, to explain the bill. 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.  Chairman Ratliff moved that HB 581 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Fraser moved that HB 581 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.  Senator  
         Fraser moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chairman laid out HB 1948 and recognized the Senate sponsor,  
         Senator Fraser, to explain the bill.  The chairman opened public  
         testimony.  There being no one present wishing to testify or  
         register on the bill, the chairman moved that public testimony  
         be closed; without objection, it was so ordered. Chairman  
         Ratliff moved that HB 1948 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Fraser moved that HB 1948 do not pass but that CSHB 1948  
         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.  Senator  
         Fraser moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chairman laid out HB 1549 and recognized Senator Armbrister,  
         in the absence of the Senate sponsor, 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.  Chairman Ratliff moved that HB 1549 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Nelson moved that HB 1549 do not  
         pass but that CSHB 1549 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.  Senator Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         The chairman laid out HB 845 and recognized the Senate sponsor,  
         Senator Carona, to explain the bill.  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.  Chairman Ratliff moved that HB 845 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Nelson moved that HB 845 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.  Senator  
         Nelson moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Chairman Ratliff laid out HCR 16 and recognized Senator  
         Armbrister, in the absence of the Senate sponsor, to explain the  
         resolution.  Witnesses testifying on the resolution are shown on  
         the attached list.  The chairman moved that the public testimony  
         be closed; without objection, it was so ordered.  Chairman  
         Ratliff moved that HCR 16 be left pending to await a quorum;  
         without objection, it was so ordered.  Upon arrival of a quorum,  
         Senator Armbrister moved that HCR 16 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.  Senator Harris moved  
         that the resolution be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chairman laid out HB 2359 and recognized the Senate sponsor,  
         Senator Armbrister, 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.  Senator Armbrister 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.  The chairman moved  
         that the public testimony be closed; without objection, it was  
         so ordered.  Chairman Ratliff sent up Committee Amendment 2;  
         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 Armbrister then moved that the committee  
         substitute be adopted; without objection, it was so ordered.   
         Chairman Ratliff moved that HB 2359 be left pending; without  
         objection, it was so ordered.   
          
         There being no further business, at 11:36 a.m.,  Chairman  
         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