MINUTES Committee on Veteran Affairs & Military Installations Wednesday, April 2, 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, April 2, 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 Craig Estes, Vice Chair Senator Troy Fraser Senator Frank Madla Senator Eliot Shapleigh ***** The Chair called the hearing to order at 5:08 p.m., pursuant to the RECESS of the Committee's last hearing which was held on Wednesday, March 26, 2003. A quorum was announced present. The Chair requested that Senator Mario Gallegos, Jr., present to explain a bill on today's hearing agenda, to lead the audience, the members, and the staff, in the Pledge of Allegiance to the American Flag. Senator Gallegos did so. 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. 1288 and called upon its author, Senator Gallegos, to explain the bill. Senator Gallegos did so. 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 recognized Mr. Johnny Villarreal, Legislative Director, Houston Fire Fighters Local 341, to testify IN FAVOR OF Senate Bill No. 1288. Mr. Villarreal did so. The Chair recognized Mr. Carvel McNeil, Jr., Legislative Chairman, Houston Police Patrolmen's Union, to testify IN FAVOR OF Senate Bill No. 1288. Mr. McNeil did so. The Chair recognized Mr. Stephen Sanders, Legislative Director, Texas Fraternal Order of Police, to testify IN FAVOR OF Senate Bill No. 1288. Mr. Sanders did so. The Chair asked if there were any other persons present wishing to testify for, against, or on Senate Bill No. 1288. There was no response. The Chair announced that public testimony on Senate Bill No. 1288 would now be closed. Senate Bill No. 1288 was left pending before the Committee. The Chair laid before the Committee Senate Bill No. 903 and called upon its author, Senator Lindsay, to explain the bill. Senator Lindsay did so. The Chair noted that Mr. Caton Fenz, Legislative Coordinator, Harris County, had registered IN FAVOR OF Senate Bill No. 903, but did not wish to actually testify. The Chair recognized Mr. Dave Bohlmann, Toll Operations Manager, Harris County Toll Road Authority, to testify IN FAVOR OF Senate Bill No. 903. Mr. Bohlmann did so. The Chair recognized Mr. Bernard Koudelka, Assistant Director, Operations, Harris County Toll Road Authority, to testify IN FAVOR OF Senate Bill No. 903. Mr. Koudelka did so. The Chair recognized Mr. Phil Russell, Director, Texas Turnpike Authority Division, Texas Department of Transportation, to testify ON Senate Bill No. 903. Mr. Russell did so. The Chair asked if there were any other persons present wishing to testify for, against, or on Senate Bill No. 903. There was no response. The Chair announced that public testimony on Senate Bill No. 903 would now be closed. Senate Bill No. 903 was left pending before the Committee. The Chair announced that the Committee would stand at ease (5:28 p.m.) The Chair called the Committee back to order (5:41 p.m.) The Chair laid before the Committee Senate Bill No. 988 and called upon its author, Senator Armbrister, to explain the bill. Senator Armbrister did so. The Chair recognized Mr. Jerry L. Hooper, Sr., Representative SWR, Aircraft Owners & Pilots Association, to testify IN FAVOR OF Senate Bill No. 988. Mr. Hooper did so. The Chair asked if there were any other persons present wishing to testify for, against, or on Senate Bill No. 988. There was no response. The Chair announced that public testimony on Senate Bill No. 988 would now be closed. Senate Bill No. 988 was left pending before the Committee. The Chair announced that the Committee would stand at ease (5:47 p.m.) The Chair called the Committee back to order (5:48 p.m.) The Chair laid before the Committee Senate Bill No. 1237 and called upon its author, Vice Chair Estes, to explain the bill. The Vice Chair requested that a complete committee substitute for Senate Bill No. 1237 (Legislative Council inventory number 78R10745 JTS-F) be laid before the Committee in lieu of the original bill. The Chair then laid before the Committee the Complete Committee Substitute for Senate Bill No. 1237. Vice Chair Estes explained the committee substitute, noting the differences between the substitute and the original bill. The Chair recognized Mr. Douglas E. Oldmixon, Executive Secretary, Texas Veterans Land Board and Ms. Noelle Letteri, Attorney-Legal Department, General Land Office/Veterans Land Board, to testify in tandem ON the Committee Substitute for Senate Bill No. 1237. Mr. Oldmixon and Ms. Letteri did so. The Chair asked if there were any other persons present wishing to testify for, against, or on the Committee Substitute for Senate Bill No. 1237. There was no response. The Chair announced that public testimony on the Committee Substitute for Senate Bill No. 1237 would now be closed. The Committee Substitute for Senate Bill No. 1237 was left pending before the Committee. The Chair asked that Vice Chair Estes temporarily preside over the Committee. The Vice Chair did so. The Vice Chair laid before the Committee Senate Bill No. 957, and called upon its author, Chair Van de Putte, to explain the bill. Chair Van de Putte did so. The Vice Chair noted that Ms. Noelle Letteri, Attorney-Legal Department, General Land Office/Veterans Land Board, had registered ON Senate Bill No. 957, but did not wish to actually testify. The Vice Chair noted that Mr. Douglas E. Oldmixon, Executive Secretary, Texas Veterans Land Board, had registered ON Senate Bill No. 957, but did not wish to actually testify. The Vice Chair noted that Mr. David Gonzales, Director of Public Affairs, Texas Pharmacy Association, had registered IN FAVOR OF Senate Bill No. 957, 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. 957. There was no response. The Vice Chair announced that public testimony on Senate Bill No. 957 would now be closed. Senate Bill No. 957 was left pending before the Committee. The Chair resumed presiding over the Committee. The Chair announced that the Committee would stand at ease (6:00 p.m.) The Chair called the Committee back to order (6:06 p.m.) The Chair laid before the Committee as pending business from previous hearings Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85 (Legislative Council inventory number 78R8431 JRD-D). The Chair recognized The Honorable Nancy E. Rister, County Clerk, Texas County & District Clerks Association, to testify ON Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. Ms. Rister did so. Senator Shapleigh now present (6:07 p.m.) Ms. Rister continued her testimony ON Senate Bill No. 81 and the Committee Substitute for Senate Bill No. 85. Senate Bill No. 81, and the Committee Substitute for Senate Bill No. 85, were again left pending before the Committee. Senator Madla now present (6:08 p.m.) The Chair announced that voting would take place on several pending bills. The Chair laid before the Committee again Senate Bill No. 903. The Vice Chair offered a complete committee substitute for Senate Bill No. 903 (Legislative Council inventory number 78R10197 JTS-F), noting the differences between the substitute and the original bill. On motion of the Vice Chair, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report the Committee Substitute for Senate Bill No. 903 in lieu of the original Senate Bill No. 903 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. 903 was recommended for placement upon the Local and Uncontested Calendar. The Chair asked that Vice Chair Estes preside temporarily over the Committee. The Vice Chair did so. The Vice Chair laid before the Committee again Senate Bill No. 957. On motion of Chair Van de Putte, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report Senate Bill No. 957 back to the full Senate with the recommendation that it do pass. The Chair resumed presiding over the Committee. On motion of Senator Shapleigh, and without objection, Senate Bill No. 957 was recommended for placement upon the Local and Uncontested Calendar. The Chair laid before the Committee again Senate Bill No. 988. On motion of Senator Shapleigh, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report Senate Bill No. 988 back to the full Senate with the recommendation that it do pass. On motion of Senator Shapleigh, and without objection, Senate Bill No. 988 was recommended for placement upon the Local and Uncontested Calendar. The Chair laid before the Committee again the complete Committee Substitute for Senate Bill No. 1237. On motion of Vice Chair Estes, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report the Committee Substitute for Senate Bill No. 1237 in lieu of the original Senate Bill No. 1237 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. 1237 was recommended for placement upon the Local and Uncontested Calendar. The Chair laid before the Committee again Senate Bill No. 1288. Senator Shapleigh offered Committee Amendment No. 1 to Senate Bill No. 1288, which amendment was adopted without objection. Vice Chair Estes offered Committee Amendment No. 2 to Senate Bill No. 1288, which amendment was adopted without objection. On motion of Senator Shapleigh, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report Senate Bill No. 1288 as amended back to the full Senate with the recommendation that it do pass. The Chair laid before the Committee again as pending business from a previous hearing of the Committee Senate Bill No. 719. On motion of Senator Madla, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report Senate Bill No. 719 back to the full Senate with the recommendation that it do pass. On motion of Senator Madla, and without objection, Senate Bill No. 719 was recommended for placement upon the Local and Uncontested Calendar. The Chair laid before the Committee again as pending business from a previous hearing of the Committee Senate Bill No. 720. On motion of Senator Madla, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report Senate Bill No. 720 back to the full Senate with the recommendation that it do pass. On motion of Senator Madla, and without objection, Senate Bill No. 720 was recommended for placement upon the Local and Uncontested Calendar. The Chair asked that Vice Chair Estes preside temporarily over the Committee. The Vice Chair did so. The Vice Chair laid before the Committee again as pending business from a previous hearing of the Committee Senate Bill No. 983. On motion of Chair Van de Putte, the Committee voted (4 YEAS Chair Van de Putte, Vice Chair Estes, Madla and Shapleigh; 0 NAYS; 1 ABSENT Fraser; and 0 PNV) to favorably report Senate Bill No. 983 back to the full Senate with the recommendation that it do pass. On motion of Chair Van de Putte, and without objection, Senate Bill No. 983 was recommended for placement upon the Local and Uncontested Calendar. The Chair resumed presiding over the Committee. The Chair laid before the Committee Senate Joint Resolution No. 55 and called upon its author, Senator Shapleigh, a member of the Committee, to explain the joint resolution. Senator Shapleigh did so. The Chair laid before the Committee the complete Committee Substitute for Senate Joint Resolution No. 55 (Legislative Council inventory number 78R10928 MCK-D). Senator Shapleigh noted the differences between the substitute and the original joint resolution. The Chair asked if there were any persons present wishing to testify for, against, or on the Committee Substitute for Senate Joint Resolution No. 55. There was no response. The Chair announced that public testimony on the Committee Substitute for Senate Joint Resolution No. 55 would now be closed. The Committee Substitute for Senate Joint Resolution No. 55 was left pending before the Committee. The Chair laid before the Committee again as pending business from a previous hearing of the Committee Senate Bill No. 652. The Chair then laid before the Committee the complete Committee Substitute for Senate Bill No. 652 (Legislative Council inventory number 78R10929 MCK-D). Senator Shapleigh noted the differences between the substitute and the original bill. The Chair recognized Ms. Maryann Randall, Vice President, City Public Service of San Antonio, to testify IN FAVOR OF the Committee Substitute for Senate Bill No. 652. Ms. Randall did so. The Chair recognized Ms. Joyce Feinberg, Executive Assistant to the Mayor, City of El Paso, to testify IN FAVOR OF the Committee Substitute for Senate Bill No. 652. Ms. Feinberg did so. The Chair noted that Mr. Raymund Rodriguez, Government Affairs Representative, El Paso Electric Company, had registered IN FAVOR OF the Committee Substitute for Senate Bill No. 652, but did not wish to actually testify. The Chair recognized Mr. Bill Shine, Civilian Aide, Secretary of the Army (Harker Heights, Texas), to testify IN FAVOR OF the Committee Substitute for Senate Bill No. 652. Mr. Shine did so. The Chair recognized Mr. James Bass, Director-Finance, Texas Department of Transportation, to testify ON the Committee Substitute for Senate Bill No. 652. Mr. Bass did so. The Chair asked if there were any other persons present wishing to testify for, against, or on the Committee Substitute for Senate Bill No. 652. There was no response. The Chair announced that public testimony on the Committee Substitute for Senate Bill No. 652 would now be closed. The Committee Substitute for Senate Bill No. 652 was left pending before the Committee. The Chair announced that the Standing Subcommittee on Base Realignment and Closure would commence its own meeting upon the completion of today's hearing of the full Committee. There being no further business, the Chair, at 6:58 p.m., RECESSED the Committee subject to the call of the Chair. _____________________________________________ LETICIA VAN DE PUTTE, R.Ph., Chair ______________________________________________ GREGORY D. WATSON, Committee Clerk