MINUTES Committee on Veteran Affairs & Military Installations Wednesday, March 26, 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 26, 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 Frank Madla Senator Craig Estes, Vice Chair Senator Troy Fraser Senator Eliot Shapleigh ***** The Chair called the hearing to order at 1:43 p.m., pursuant to the RECESS of the Committee's last hearing which was held on Wednesday, March 12, 2003. The Chair requested that the Honorable Enrique Barrera, City Councilman, City of San Antonio, to 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 noted that all testimony and activities in the committee room are being recorded and transmitted. The Chair made a statement relative to the policy of the Committee which prohibits the use of cellular telephones during the hearing. Senators Estes and Fraser now present (1:47 p.m.) A quorum was declared present. The Chair laid before the Committee the minutes of the previous hearing of the Committee which had been held on Wednesday, March 12, 2003. On motion of Senator Shapleigh, and without objection, those minutes were approved. The Chair noted parliamentary defects in the manner in which the Committee Substitute for Senate Bill No. 655 (Legislative Council inventory number 78R8580 MXM-D) had been processed in the previous hearing of the Committee on Wednesday, March 12, 2003. On motion of Senator Shapleigh, the vote by which the Committee approved that particular Committee Substitute on Senate Bill No. 655 be entirely nullified and that the Committee once again consider a Committee Substitute for Senate Bill No. 655. The Chair laid before the Committee a revised Committee Substitute for Senate Bill No. 655 (Legislative Council inventory number 78R9382 MXM-F). Senator Shapleigh explained the revised Committee Substitute. On motion of Senator Shapleigh, the Committee voted (4 YEAS--Chair Van de Putte, Vice Chair Estes, Fraser and Shapleigh; 0 NAYS; 1 ABSENT--Madla; and 0 PNV) to favorably recommend the revised Committee Substitute for Senate Bill No. 655 (Legislative Council inventory number 78R9382 MXM-F)--in lieu of the original Senate Bill No. 655--back to the full Senate with the recommendation that it do pass. On motion of Senator Shapleigh, and without objection, the Committee Substitute for Senate Bill No. 655 was recommended for placement upon the Local and Uncontested Calendar. The Chair laid before the Committee Senate Bill No. 814, and called upon its author, Senator Kip Averitt, to explain the bill. Senator Averitt did so. The Chair noted that Ms. Deborah Ingersoll, citizen of Texas, representing herself, had registered IN FAVOR OF Senate Bill No. 814, but did not wish to actually testify. The Chair recognized Mr. Marco Montoya, (Retired), representing himself, to testify IN FAVOR OF Senate Bill No. 814. Mr. Montoya did so, and also offered written material to the Committee. The Chair recognized Mr. O. M. Little, citizen of Texas, representing himself, to testify IN FAVOR OF Senate Bill No. 814. Mr. Little did so very briefly from his place in the audience, but did not physically approach the microphone. The Chair asked if there were any other persons present wishing to testify for, against, or on Senate Bill No. 814. There was no response. The Chair announced that public testimony on Senate Bill No. 814 would now be 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 Senate Bill No. 814 back to the full Senate with the recommendation that it do pass. On motion of Senator Shapleigh, and without objection, Senate Bill No. 814 was recommended for placement upon the Local and Uncontested Calendar. The Chair laid before the Committee Senate Bill No. 938 and called upon its author, Senator Gonzalo Barrientos, to explain the bill. Senator Barrientos did so. Senator Estes offered a complete Committee Substitute for Senate Bill No. 938 (Legislative Council inventory number 78R9833 MCK-D). The Chair laid the Committee Substitute before the Committee in lieu of the original bill. The Chair recognized Mr. Robert Meisel, Veteran, representing himself, to testify IN FAVOR OF the Committee Substitute for Senate Bill No. 938. Mr. Meisel did so. The Chair recognized Mr. David W. Rogers, CW5-AUS, Retired, representing himself, to testify IN FAVOR OF the Committee Substitute for Senate Bill No. 938. Mr. Rogers did so, and also offered written material to the Committee. The Chair asked if there were any other persons present wishing to testify for, against, or on the Committee Substitute for Senate Bill No. 938. There was no response. The Chair announced that public testimony on the Committee Substitute for Senate Bill No. 938 would now be closed. On motion of Senator 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. 938--in lieu of the original Senate Bill No. 938--back to the full Senate with the recommendation that it do pass. The Chair noted that Senator Frank Madla would be absent for all of today's hearing due to his responsibilities as Chair of the Committee on Intergovernmental Relations which was conducting a public hearing at the same time. The Chair noted that Senator Madla had requested that his legislation (Senate Bills Nos. 719 and 720) on the agenda of today's hearing, be explained by Senator Eliot Shapleigh in the absence of Senator Madla. The Chair laid before the Committee Senate Bill No. 719, and called upon Senator Shapleigh to explain the bill. Senator Shapleigh did so. The Chair recognized the Honorable Enrique Barrera, Councilman, City of San Antonio, to testify IN FAVOR OF Senate Bill No. 719. Councilman Barrera did so. The Chair noted that Mr. Louis E. Davis, Economic Development Manager, City of San Antonio, had registered IN FAVOR OF Senate Bill No. 719, but did not wish to actually testify. The Chair noted that Mr. Frank J. Garza, Brooks Development Authority and Greater Kelly Development Authority, had registered IN FAVOR OF Senate Bill No. 719, but did not wish to actually testify. The Chair noted that Ms. Shanna Igo, Director of Legislative Services, Texas Municipal League, had registered IN FAVOR OF Senate Bill No. 719, but did not wish to actually testify. The Chair recognized Mr. Bob Rasmussen, Chief Operating Officer, Greater Kelly Development Authority, to testify IN FAVOR OF Senate Bill No. 719. Mr. Rasmussen did so. The Chair recognized Mr. Thomas Rumora, Executive Director, Brooks Development Authority, to testify IN FAVOR OF Senate Bill No. 719. Mr. Rumora did so. The Chair noted that Mr. Lewis Westerman, Secretary, Brooks Development Authority, had registered IN FAVOR OF Senate Bill No. 719, but 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. 719. There was no response. The Chair announced that the public testimony on Senate Bill No. 719 would now be closed. The Chair announced that Senate Bill No. 719 would be left pending before the Committee. The Chair laid before the Committee Senate Bill No. 720, and recognized Vice Chair Estes--in the absence of Senator Shapleigh--to explain the bill. Senator Estes did so. The Chair recognized the Honorable Enrique Barrera, Councilman, City of San Antonio, to testify IN FAVOR OF Senate Bill No. 720. Councilman Barrera did so. The Chair noted that Mr. Louis E. Davis, Economic Development Manager, City of San Antonio, had registered IN FAVOR OF Senate Bill No. 720, but did not wish to actually testify. The Chair noted that Mr. Frank Garza, Brooks Development Authority and Greater Kelly Development Authority, had registered IN FAVOR OF Senate Bill No. 720, but did not wish to actually testify. The Chair noted that Ms. Shanna Igo, Director of Legislative Services, Texas Municipal League, had registered IN FAVOR OF Senate Bill No. 720, but did not wish to actually testify. The Chair noted that Mr. Bob Rasmussen, Chief Operating Officer, Greater Kelly Development Authority, had registered IN FAVOR OF Senate Bill No. 720, but did not wish to actually testify. The Chair recognized Mr. Thomas Rumora, Executive Director, Brooks Development Authority, to testify IN FAVOR OF Senate Bill No. 720. Mr. Rumora did so. The Chair noted that Mr. Lewis Westerman, Secretary, Brooks Development Authority, had registered IN FAVOR OF Senate Bill No. 720, but 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. 720. There was no response. The Chair announced that public testimony on Senate Bill No. 720 would now be closed. The Chair announced that Senate Bill No. 720, would be left pending before the Committee. At the request of the Chair, Vice Chair Estes laid before the Committee Senate Bill No. 983 and called upon its author, Chair Van de Putte, to explain the bill. Senator Van de Putte did so. The Vice Chair recognized Mr. Michael G. Blalock, Deputy Executive Director, Adjutant General's Department, to testify ON Senate Bill No. 983. Mr. Blalock did so. The Vice Chair noted that Mr. Allen Dehnert, Assistant Adjutant General, Adjutant General's Department, had registered ON Senate Bill No. 983, but did not wish to actually testify. The Vice Chair asked if there were any other persons present wishing to testify for, against, or on Senate Bill No. 983. There was no response. The Vice Chair announced that public testimony on Senate Bill No. 983 would now be closed. The Vice Chair announced that Senate Bill No. 983 would be left pending before the Committee. The Chair called attention to specific pending bills from previous hearings of the Committee. The Chair laid before the Committee once again (as pending business from the hearing of March 12, 2003) Senate Bill No. 85 by Wentworth. While public testimony had been declared closed on Senate Bill No. 85--and closed on a proposed Committee Substitute for Senate Bill No. 85--at the March 12, 2003, hearing, the subsequent re-posting of Senate Bill No. 85--for today's agenda--re-opened Senate Bill No. 85 to public testimony. The Chair recognized the Honorable Jeane Brunson, County Clerk of Parker County and Legislative Committee Co-Chair of the County and District Clerks Association of Texas to testify ON Senate Bill No. 85. Ms. Brunson did so, and also offered written material to the Committee. The Chair noted written correspondence, dated March 25, 2003, received by the Committee from the Mr. John R. Cook, Attorney at Law, relative to both Senate Bill No. 81 by Zaffirini and Senate Bill No. 85 by Wentworth. 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 both Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85 would remain pending before the Committee. There being no further business, the Chair, at 3:15 p.m., RECESSED the Committee subject to the call of the Chair. _____________________________________________ LETICIA VAN DE PUTTE, R.Ph., Chair ______________________________________________ GREGORY D. WATSON, Committee Clerk