MINUTES Committee on Veteran Affairs & Military Installations Wednesday, March 12, 2003 1:30 p.m. (or upon adjournment of the Senate--whichever is later) Betty King Committee Room ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Texas Senate Committee on Veteran Affairs and Military Installations was held on Wednesday, March 12, 2003, in the Betty King Committee Room (2E.20) of the State Capitol Building, behind the Senate Chamber, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Leticia Van de Putte, Chair Senator Troy Fraser Senator Craig Estes, Vice Chair Senator Frank Madla Senator Eliot Shapleigh (Senator Madla was excused due to illness) ***** The Chair called the hearing to order at 1:42 p.m., pursuant to the RECESS of the Committee's last hearing which was held on Wednesday, March 5, 2003. The Chair requested that Senator Jeff Wentworth--present to offer testimony for a bill on today's agenda--lead the audience, the members, and the staff, in the Pledge of Allegiance to the American Flag. The Chair urged those persons wishing to testify, for, against, or on any bill appearing on today's agenda to fill out a Witness Registration Card and pointed out that by signing the Card, the witness is already swearing to tell the truth, the whole truth, and nothing but the truth. The Chair stated that approval of the minutes of the previous hearing, held Wednesday, March 5, 2003, would be deferred until a quorum of the Committee could be established. The Chair made a statement relative to the policy of the Committee which prohibits the use of cellular telephones during the hearing. The Chair laid before the Committee Senate Bill No. 173 and called upon its author, Senator Jane Nelson, to explain the bill. Senator Nelson did so. A complete committee substitute for Senate Bill No. 173 (Legislative Council inventory number 78R8200 RCJ-D) was laid before the Committee in lieu of the original bill. The Chair noted that all testimony and activities in the committee room are being recorded and transmitted. The Chair recognized Major General Wayne D. Marty, Adjutant General of the State of Texas, and Staff Judge Advocate (SGR-JAG) Colonel Bill M. Reimer, Texas Army National Guard, to come forward and testify. General Marty commenced testimony ON the Committee Substitute for Senate Bill No. 173 and then Colonel Bill M. Reimer commenced testimony ON the Committee Substitute for Senate Bill No. 173. The two then testified in tandem. Senator Shapleigh now present (1:54 p.m.) The Chair recognized Mr. Dan Wilson, Executive Assistant, Office of the Comptroller of Public Accounts, who testified ON the Committee Substitute for Senate Bill No. 173. The Chair recognized The Honorable Mary Horn, County Judge of Denton County, who testified IN FAVOR OF the Committee Substitute for Senate Bill No. 173. The Chair asked if anyone else would like to testify for, against, or on the Committee Substitute for Senate Bill No. 173. There was no response. The Chair declared public testimony to be closed on the Committee Substitute for Senate Bill No. 173. Senator Nelson requested that the Committee Substitute for Senate Bill No. 173 NOT be sent to the Local and Uncontested Calendar but, rather, be processed in the usual manner so that action may be taken upon it on the floor of the full Senate so that a two-thirds vote might be obtained in order to possibly afford the bill immediate effect. The Chair announced that Committee Substitute for Senate Bill No. 173 would be temporarily left pending until the arrival of a quorum at today's hearing. The Chair laid before the Committee both Senate Bill No. 81 as well as Senate Bill No. 85 and first called upon Senator Judith Zaffirini, author of Senate Bill No. 81, to explain that bill. Senator Zaffirini did so. The Chair then called upon Senator Jeff Wentworth, author of Senate Bill No. 85, to explain that bill. Senator Wentworth asked that a Committee Substitute for Senate Bill No. 85 be considered in lieu of the original bill. The Chair laid before the Committee the complete Committee Substitute for Senate Bill No. 85 (Legislative Council inventory number 78R8431 JRD-D), and Senator Wentworth explained the Committee Substitute for that bill. The Chair recognized The Honorable Gerry Rickhoff, County Clerk of Bexar County, who testified IN FAVOR OF Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. At the request of the Chair, Senator Wentworth offered further explanation of the Committee Substitute for Senate Bill No. 85. The Chair recognized Mr. Eliseo "EZ" Mull, Recording Manager, Bexar County Clerk's Office, who testified IN FAVOR OF Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. The Chair recognized Mr. Michael Palmquist, Department Adjutant, The American Legion, who testified IN FAVOR OF the Committee Substitute for Senate Bill No. 85. The Vice Chair posed questions to Senator Wentworth. Senator Wentworth responded to those questions. The Chair recognized Mr. Danny T. Lents, who testified IN FAVOR OF Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. Mr. Lents provided written material to accompany his testimony. Senator Wentworth posed questions to Mr. Lents. Mr. Lents responded to those questions. The Chair recognized Mr. Chris LaPlante to testify ON Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. Before that could commence, the Chair announced that the Committee would temporarily suspend testimony on Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85, so that the Committee could resume consideration of the Committee Substitute for Senate Bill No. 173 (78R8200 RCJ-D) while a quorum was in fact present. The Chair called up the Committee Substitute for Senate Bill No. 173 and announced that public testimony on same had been closed. On motion of Senator Shapleigh, seconded by Vice Chair Estes, the Committee voted (3 YEAS--Chair Van de Putte, Vice Chair Estes and Shapleigh; 0 NAYS; 2 ABSENT--Fraser and Madla; and 0 PNV) to favorably recommend the Committee Substitute for Senate Bill No. 173--in lieu of the original Senate Bill No. 173--back to the full Senate with the recommendation that it do pass. The Committee resumed its consideration of Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. Mr. Chris LaPlante commenced his testimony ON Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. The Chair posed questions to Mr. LaPlante. Mr. LaPlante responded to those questions. The Chair noted that Mr. Seth Mitchell, Intergovernmental Services Manager, Bexar County Commissioners Court, had registered IN FAVOR OF Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85, but that Mr. Mitchell did not wish to actually testify. The Chair recognized Mr. Allen Place, representing the Texas Land Title Association, to testify ON Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. The Chair posed questions to Mr. Place. Mr. Place responded to those questions. The Chair noted that Mr. Jim Campbell, representing the City of San Antonio, had registered IN FAVOR OF Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85, but that Mr. Campbell did not wish to actually testify. The Chair asked if there were any other persons present wishing to testify, for, against, or on Senate Bill No. 81 or the Committee Substitute for Senate Bill No. 85. There was no response. The Chair announced that the public testimony on Senate Bill No. 81 and on the Committee Substitute for Senate Bill No. 85 would now be closed. The Chair announced that Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85 would both be left pending before the Committee. The Chair laid before the Committee Senate Bill No. 655 and called upon its author, Senator Eliot Shapleigh, a member of the Committee, to explain the bill. Senator Shapleigh did so. Senator Shapleigh offered a complete Committee Substitute for Senate Bill No. 655 (Legislative Council inventory number 78R8580 MXM-D). The Chair laid the Committee Substitute before the Committee in lieu of the original bill. The Chair recognized Mr. Cruz Montemayor, Information and Training Director, Texas Veterans' Commission, and Mr. James E. Nier, Executive Director, Texas Veterans' Commission, as well as Mr. Phil Barrett, Director-TexasOnLine, Department of Information Resources-TexasOnLine, who all three testified in tandem ON the Committee Substitute for Senate Bill No. 655, and narrated a concomitant slide presentation on the "E-Vets" website on the Internet. Senator Shapleigh offered further explanation of need for the legislation. The Chair posed questions about electronic signatures. Mr. Barrett and Senator Shapleigh responded to those questions. The Chair posed questions about SECTION 3 of the Committee Substitute for Senate Bill No. 655, at Page 3, Lines 24 and 25. Senator Shapleigh responded to those questions. The Chair called attention to the Fiscal Note prepared for the original version of Senate Bill No. 655. Senator Shapleigh and Mr. Barrett responded by pointing out that the costs referred to in the Fiscal Note would not apply to the Committee Substitute for Senate Bill No. 655. Senator Shapleigh offered Committee Amendment No. 1 (not prepared by Legislative Council nor by the Senate Enrolling and Engrossing Office) to the Committee Substitute for Senate Bill No. 655 (Legislative Council inventory number 78R8580 MXM-D). The Chair posed questions about the fiscal implications of provisions contained within the Committee Substitute for Senate Bill No. 655. Senator Shapleigh and Mr. Nier responded to those questions. The aforementioned Committee Amendment No. 1 to the Committee Substitute for Senate Bill No. 655 was adopted without objection. The Chair ordered that Committee Amendment No. 1 be put into the body of the Committee Substitute for Senate Bill No. 655 (78R8580 MXM-D) so that the Committee would report back to the full Senate one unified document containing the provisions of Committee Amendment No. 1. The Chair asked if there was anyone else present wishing to testify for, against, or on Committee Substitute for Senate Bill No. 655, and then asked if Mr. Jim Duncan, of the Texas Veterans' Commission, would like to testify. Mr. Nier informed the Chair that Mr. Duncan had to leave the hearing for another committee's hearing and, therefore, would not be able to testify. Mr. Duncan had, however, registered ON Senate Bill No. 655. The Chair posed questions relative to official government forms executed electronically, and the potential ramifications of making an unintentional error upon such a form, and the availability of assistance to persons filling out such forms electronically. Mr. Barrett and Senator Shapleigh responded to those questions. The Chair asked if there was anyone else present wishing to testify for, against, or on the Committee Substitute for Senate Bill No. 655. There was no response. The Chair then announced that the public testimony on the Committee Substitute for Senate Bill No. 655 had now closed. On motion of Senator Shapleigh, the Committee voted (3 YEAS--Chair Van de Putte, Vice Chair Estes and Shapleigh; 0 NAYS; 2 ABSENT--Fraser and Madla; and 0 PNV) to favorably recommend the Committee Substitute for Senate Bill No. 655 (Legislative Council inventory number 78R8580 MXM-D)--in lieu of the original Senate Bill No. 655--back to the full Senate with the recommendation that it do pass. In compliance with the previous order of the Chair, the provisions of the aforementioned (and previously-adopted) Committee Amendment No. 1 are to be reflected in the Committee Substitute for Senate Bill No. 655, and the Legislative Council is then to be asked to prepare a revised Committee Substitute to replace the one designated as 78R8580 MXM-D. The Chair laid before the Committee Senate Bill No. 583 and called upon its author, Senator Eliot Shapleigh, a member of the Committee, to explain the bill. Senator Shapleigh did so. The Chair posed questions to Senator Shapleigh relative to strategies for the current war on terrorism and about security and public access to information. Senator Shapleigh responded to those questions. The Vice Chair posed questions to Senator Shapleigh relative to the federal government ignoring the provisions of Senate Bill No. 583 if that bill should become state law and if it would be in conflict with federal law or with federal policies. Senator Shapleigh responded to those questions. The Chair asked if there were any other persons present wishing to testify for, against, or on Senate Bill No. 583. There was no response. The Chair announced that public testimony on Senate Bill No. 583 had now closed. The Chair noted that Major General Wayne D. Marty had registered ON Senate Bill No. 583, but that General Marty was no longer present at the hearing and, therefore, would not be able to testify. On motion of Senator Shapleigh, the Committee voted (3 YEAS--Chair Van de Putte, Vice Chair Estes and Senator Shapleigh; 0 NAYS; 2 ABSENT--Fraser and Madla; and 0 PNV) to favorably report Senate Bill No. 583 back to the full Senate with the recommendation that it do pass. On motion of Senator Shapleigh, and without objection, Senate Bill No. 583 was recommended for the Local and Uncontested calendar. The Chair laid before the Committee the minutes of the previous hearing of the Committee which had been held on Wednesday, March 5, 2003. On motion of Senator Shapleigh, and without objection, those minutes were approved. There being no further business, the Chair, at 3:49 p.m., RECESSED the Committee subject to the call of the Chair. _____________________________________________ LETICIA VAN DE PUTTE, R.Ph., Chair ______________________________________________ GREGORY D. WATSON, Committee Clerk