MINUTES SENATE COMMITTEE ON STATE AFFAIRS Thursday, May 22, 2003 8:30 a.m., or upon adjournment of the Local and 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 22, 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 8:45 a.m. There being a quorum present, the following business was transacted: The chairman laid out HB 145 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 145 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Fraser moved that HB 145 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 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 2198 and recognized the Senate sponsor, Senator Fraser, 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 2198 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Fraser moved that HB 2198 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 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 2199 and recognized the Senate sponsor, Senator Fraser, 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 2199 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 2199 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 1863 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 1863 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 1863 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 2064 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 2064 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Fraser moved that HB 2064 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 1163 and recognized the Senate sponsor, Senator Harris, to explain the bill. Senator Harris sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 1163 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 1163, 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 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 3237 and recognized the Senate sponsor, Senator Harris, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 3237 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 3237 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 Armbrister moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 9:16 a.m., Senator Harris assumed the chair, laid out HB 2912, and recognized the Senate sponsor, Senator Ratliff, to explain the bill. Senator Ratliff sent up a committee substitute; Senator Harris recognized Senator Ratliff 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 Harris moved that the public testimony be closed; without objection, it was so ordered. Senator Harris moved that HB 2912 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 Staples moved that HB 2912 do not pass but that CSHB 2912 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. At 9:37 a.m., Chairman Ratliff resumed the chair, laid out HB 2562, and recognized the Senate sponsor, Senator Barrientos, 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. Senator Armbrister moved that HB 2562 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 1487 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. Witnesses testifying and registering on the bill are shown on the attached list. At 10:31 a.m., the chairman stopped testimony and moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. The committee reconvened upon adjournment of the senate at 6:40 p.m., and public testimony on HB 1487 continued. At the conclusion of testimony, the chairman moved that the public testimony be closed; without objection, it was so ordered. Chairman Ratliff moved that HB 1487 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 1487 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. Realizing there was a pending substitute to HB 1487, Senator Armbrister moved to reconsider the vote to report the bill favorably; without objection, it was so ordered. Senator Armbrister moved to adopt the committee substitute; without objection, it was so ordered. Senator Armbrister moved that HB 1487 do not pass but that CSHB 1487 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. Pursuant to a motion in writing, unanimous consent was requested and granted for Senator Nelson to be shown voting aye (the 6 ayes include the motion in writing). The chairman laid out HB 1268 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 1268 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 1268 be SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 5 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 3168 and recognized the Senate sponsor, Senator Carona, to explain the bill. Senator Armbrister sent up a committee substitute; the chairman 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. 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 3168 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 3168 do not pass but that CSHB 3168 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. Pursuant to a motion in writing, unanimous consent was requested and granted for Senator Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 3439 and recognized the Senate sponsor, Senator Carona, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 3439 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 3439 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 Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chairman laid out, as pending business, HB 3109 and recognized the Senate sponsor, Senator Carona, to explain the bill. Senator Armbrister sent up a committee substitute; the chairman recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. Senator Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Chairman Ratliff moved that HB 3109 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 3109 do not pass but that CSHB 3109 be reported back to SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 6 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 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 2323 (the posting rule was suspended on the floor) and recognized the Senate sponsor, Senator Carona, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 2323 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 2323 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 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 1797 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 1797 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 1797 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 1798 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 1798 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 1798 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). Senator Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 7 The chairman laid out HB 1799 and recognized the Senate sponsor, Senator Averitt, 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 1799 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 1799 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 1800 and recognized the Senate sponsor, Senator Averitt, 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 1800 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 1800 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 2947 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. 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. Senator Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Chairman Ratliff moved that HB 2947 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 2947 do not pass but that CSHB 2947 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. Pursuant to a motion in writing, unanimous consent was requested and granted for Senator Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 1791 and recognized the Senate sponsor, SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 8 Senator Armbrister, 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 1791 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 1791 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 1297 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. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Senator Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Chairman Ratliff moved that HB 1297 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 1297 do not pass but that CSHB 1297 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. Pursuant to a motion in writing, unanimous consent was requested and granted for Senator Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 649 (the posting rule was suspended on the floor) and recognized the Senate sponsor, Senator Estes, 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 649 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 649 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 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 2397 and recognized the Senate sponsor, Senator Williams, 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 SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 9 so ordered. Chairman Ratliff moved that HB 2397 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 2397 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 508 and recognized the Senate sponsor, Senator Williams, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 508 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 508 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 3022 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 3022 be left pending; without objection, it was so ordered. The chairman laid out HB 3023 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 3023 be left pending; without objection, it was so ordered. The chairman laid out HB 833 and recognized the Senate sponsor, Senator Janek, 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 833 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ellis moved that HB 833 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 Nelson to be shown voting aye (the 6 ayes include SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 10 the motion in writing). The chairman laid out HB 2496 and recognized the Senate sponsor, Senator Janek, 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 2496 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 2496 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 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 2053 and recognized the Senate sponsor, Senator Janek, to explain the bill. Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 2053 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 2053, 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 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 199 (the posting rule was suspended on the floor) and recognized the Senate sponsor, Senator Van de Putte, to explain the resolution. The chairman opened public testimony. There being no one present wishing to testify or register on the resolution, public testimony was closed without objection. Chairman Ratliff moved that HCR 199 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Chairman Ratliff moved that HCR 199 be left pending; without objection, it was so ordered. The chairman laid out HB 1053 and recognized the Senate sponsor, Senator Ellis, to explain the bill. Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 1053 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ellis moved that HB 1053, as amended, be reported back to the Senate with the recommendation that it do SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 11 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 Nelson to be shown voting aye (the 6 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. The chairman laid out HB 999 and recognized the Senate sponsor, Senator Ellis, to explain the bill. Senator Ellis sent up a committee substitute; the chairman recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. 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. Senator Ellis moved adoption of the committee substitute; without objection, it was so ordered. Chairman Ratliff moved that HB 999 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ellis moved that HB 999 do not pass but that CSHB 999 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. Pursuant to a motion in writing, unanimous consent was requested and granted for Senator Nelson to be shown voting aye (the 6 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. The chairman laid out HB 1602 and recognized the Senate sponsor, Senator Ellis, 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 1602 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ellis moved that HB 1602 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 Nelson to be shown voting aye (the 6 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. The chairman laid out HB 3096 and recognized the Senate sponsor, Senator Ellis, to explain the bill. Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 3096 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 12 quorum, Senator Ellis moved that HB 3096, 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 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 Nelson to be shown voting aye (the 6 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. The chairman laid out HB 403 and recognized Senator Ellis, 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, public testimony was closed without objection. Chairman Ratliff moved that HB 403 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that HB 403 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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, as pending business, HB 408 (the posting rule was suspended on the floor) and recognized the Senate sponsor, Senator Fraser, to explain the bill. Chairman Ratliff moved that HB 408 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Fraser moved that HB 408 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 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 1597 and recognized the Senate sponsor, Senator Staples, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 1597 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 1597 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). Senator Staples moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 13 The chairman laid out HB 1697 and recognized the Senate sponsor, Senator Staples, to explain the bill. The chairman opened public testimony. There being no one present wishing to testify or register on the bill, public testimony was closed without objection. Chairman Ratliff moved that HB 1697 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 1697 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 2095 and recognized the Senate sponsor, Senator Staples, to explain the bill. Upon the conclusion of Pam Beachley's testimony (Texas Cotton Ginners Association), Senator Staples sent up a committee substitute. 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 2095 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 2095 do not pass but that CSHB 2095 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. Pursuant to a motion in writing, unanimous consent was requested and granted for Senator Nelson to be shown voting aye (the 6 ayes include the motion in writing). The chairman laid out HB 2636 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 2636 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HB 2636 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 90 and recognized the Senate sponsor, Senator Staples, to explain the resolution. Witnesses SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 14 registering 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 90 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Staples moved that HCR 90 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 Staples moved that the resolution be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 8:21 p.m., Senator Staples assumed the chair, laid out HB 402, and recognized Senator Fraser, in the absence of the Senate sponsor, to explain the bill. 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 HB 402 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, and with Chairman Ratliff presiding, Senator Staples moved that HB 402 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). 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 HB 736 and recognized Senator Fraser, in the absence of the Senate sponsor, 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 HB 736 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, and with Chairman Ratliff presiding, Senator Fraser moved that HB 736 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Staples laid out HB 705 and recognized Senator Fraser, in the absence of the Senate sponsor, to explain the bill. Senator Fraser sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Fraser sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Witnesses registering on SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 15 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 705 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, and with Chairman Ratliff presiding, Senator Ellis moved that HB 705, 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 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 Nelson to be shown voting aye (the 6 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 HB 2085 and recognized Senator Fraser, in the absence of the Senate sponsor, to explain the bill. 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 HB 2085 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, and with Chairman Ratliff presiding, Senator Fraser moved that HB 2085 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 Nelson to be shown voting aye (the 6 ayes include the motion in writing). Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Staples laid out, as pending business, HJR 54 (with a pending committee substitute and a pending Committee Amendment 1) and recognized Senator Armbrister, in the absence of the Senate sponsor, to explain the bill. Senator Armbrister sent up Committee Amendment 2 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 moved the adoption of Committee Amendment 1 (laid out and left pending at a previous hearing); without objection, the amendment was adopted. Senator Armbrister requested unanimous consent to roll the amendments into a new 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 HJR 54 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, and with Chairman Ratliff presiding, Senator Armbrister moved that HJR 54 do not pass but that CSHJR 54 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 Armbrister moved that the bill be recommended for placement on the Local & SENATE COMMITTEE ON STATE AFFAIRS Minutes Thursday, May 22, 2003 page 16 Uncontested Calendar; without objection, it was so ordered. Senator Staples laid out HB 2261 and recognized Senator Ratliff, in the absence of the Senate sponsor, to explain the bill. Senator Ratliff sent up a committee substitute; Senator Staples recognized Senator Ratliff to explain the difference between the committee substitute and the bill as filed. Witnesses testifying on the bill are shown on the attached list. At 8:45 p.m., Chairman Ratliff resumed the chair and closed public testimony. Chairman Ratliff moved adoption of the committee substitute; without objection, it was so ordered. The bill was then left pending awaiting the arrival of a quorum. Upon arrival of a quorum, Senator Armbrister moved that HB 2261 do not pass but that CSHB 2261 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, 1 nay, 0 present not voting, and 3 absent. There being no further business, at 9:17 p.m. Chairman Ratliff moved that the Committee stand recessed subject to the call of the chairman. Without objection, it was so ordered. ________________________ Senator Bill Ratliff, Chairman ______________________ Nancy B. Macken, Clerk