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