MINUTES SENATE COMMITTEE ON VETERAN AFFAIRS AND MILITARY INSTALLATIONS Wednesday, April 16, 2003 1:30 p.m. or upon adjournment Betty King Committee Hearing Room, 2E.20 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Veteran Affairs and Military Installations was held on Wednesday, April 16, 2003, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Leticia Van de Putte, Chair None Senator Craig Estes, Vice Chair Senator Troy Fraser Senator Frank Madla Senator Eliot Shapleigh ***** The chair called the meeting to order at 1:43 p.m. There being a quorum present, the following business was transacted. The chair recognized Veronica Garza, intern with the Senate Committee on Veteran Affairs and Military Installations, to lead the members, audience and staff in the Pledge of Allegiance. Senator Estes present at 1:43 p.m. The chair made a statement in relation to the policy of the Committee, which prohibits the use of cellular phones and pagers during the hearing and made opening remarks. Senators Fraser and Shapleigh made remarks about the rescued Prisoners of War (POWS) from Fort Hood and Fort Bliss. The chair laid out the minutes from the March 26, 2003, hearing and called for their approval. Senator Shapleigh moved their approval. There being no objection, the minutes were adopted. The chair laid out subcommittee report SB 1439 by Senator Shapleigh, relating to federal matching funds for certain projects at military facilities in this state, and recognized the author to explain the bill to the full committee. Senator Shapleigh sent up a committee substitute for SB 1439 and explained the differences between the committee substitute and the bill as filed. The chair asked if there was anyone present wishing to testify for, on or against the committee substitute for SB 1439. There being no witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1439, the chair closed public testimony. Senator Shapleigh moved adoption of the committee substitute for SB 1439. There being no objection, it was so ordered. Senator Shapleigh moved that SB 1439 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion carried by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Pursuant to a motion in writing submitted to the Chair, Senator Madla was granted unanimous consent to be shown voting aye (the 5 ayes include the motion in writing). Senator Shapleigh moved that the committee substitute for SB 1439 be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out as a matter of pending business, SB 652 by Senator Shapleigh, relating to economic development, strategic planning, and other issues regarding military facilities, and the merger of certain state agencies with aerospace or military responsibilities; granting authority to issue bonds, and recognized the author to explain the bill. Senator Shapleigh sent up a committee substitute for SB 652 (Document number 78R12346 MCK-D) and explained the differences between the committee substitute and the bill as filed. The chair asked if there were any objections to the adoption of the committee substitute for SB 652. There being no objections, the committee substitute was adopted. The chair asked if there was anyone present wishing to testify for, on or against the committee substitute for SB 652. There being no witnesses registered or responding to the chair's call for public testimony relating to SB 652, the chair closed public testimony. Senator Shapleigh moved that SB 652 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion carried by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Pursuant to a motion in writing submitted to the Chair, Senator Madla was granted unanimous consent to be shown voting aye (the 5 ayes include the motion in writing). The chair laid out as a matter of pending business, SJR 55 by Senator Shapleigh, proposing a constitutional amendment authorizing the issuance of general obligation bonds to provide loans for economic development projects that enhance the military value of military installations in the state, and recognized the author to explain the bill. Senator Shapleigh sent up a committee substitute for SJR 55 (Document number 78R10928 MCK-D). The chair asked if there were any objections to the adoption of the committee substitute for SJR 55. There being no objections, the committee substitute was adopted. Senator Shapleigh explained the differences between the committee substitute and the bill as filed. Senator Shapleigh moved that SJR 55 be reported back to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion carried by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Pursuant to motions in writing submitted to the Chair, Senators Fraser and Madla were granted unanimous consent to both be shown voting aye (the 5 ayes include both motions in writing). The chair laid out SB 1174 by Senator Harris, relating to salary payments to municipal and county employees called to active military duty, and recognized the author to explain the bill. Senator Estes sent up a committee substitute for SB 1174 and Senator Harris explained the differences between the committee substitute and the bill as filed. Witnesses registering and testifying on SB 1174 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1174, the chair closed public testimony. The chair left SB 1174 pending, to await the arrival of a quorum. The chair laid out SB 1880 by Senator Estes, relating to benefits for members of the state military forces called to active state duty, and recognized the author to explain the bill. Witnesses registering and testifying on SB 1880 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1880, the chair closed public testimony. Senator Estes requested that SB 1880 be left pending, to await the arrival HB 174, the House companion bill to SB 1880. At 2:32 p.m. Senator Estes assumed presiding duties. The chair laid out SB 1508 by Senator Van de Putte, relating to the administration of and insurance requirements for certain Veterans' Land Board programs, and recognized the author to explain the bill. Witnesses registering and testifying on SB 1508 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1508, the chair closed public testimony. The chair left SB 1508 pending, to await the arrival of a quorum. The chair laid out SB 1594 by Senator Van de Putte, relating to the Texas State Guard, and recognized the author to explain the bill. The chair asked if there was anyone present wishing to testify for, on or against SB 1594. There being no witnesses registered or responding to the chair's call for public testimony relating to SB 1594, the chair closed public testimony. The chair left SB 1594 pending, to await the arrival of a quorum. The chair laid out SB 1800 by Senator Van de Putte, relating to state employee military leave, and recognized the author to explain the bill. Senator Van de Putte sent up a committee substitute (Document number 78R12491 MCK-D) and explained the differences between the committee substitute and the bill as filed. Witnesses registering and testifying on the committee substitute for SB 1800 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1800, the chair closed public testimony. The chair left SB 1800 pending, to await the arrival of a quorum. At 2:53 p.m. Senator Van de Putte resumed presiding duties. The chair laid out SB 1669 by Senator Averitt, relating to military leave for public school employees, and recognized the author to explain the bill. Senator Estes sent up the committee substitute for SB 1669 (Document number 78R10854 ESH-F) and Senator Averitt explained the differences between the committee substitute and the bill as filed. Witnesses registering and testifying on the committee substitute for SB 1669 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1669, the chair closed public testimony. The chair left SB 1669 pending, to await the arrival of a quorum. The chair laid out SB 1101 by Senator Fraser, relating to public school admission of military personnel and dependents under reciprocity agreements between states, and recognized the author to explain the bill. Senator Fraser sent up a committee substitute for SB 1101 and explained the differences between the committee substitute and the bill as filed. Witnesses registering and testifying on the committee substitute for SB 1101 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to the committee substitute for SB 1101, the chair closed public testimony. Senator Fraser requested that SB 1101 be left pending, to await the arrival of HB 591, the House companion bill to SB 1101. The chair laid out SB 1102 by Senator Fraser, relating to the eligibility of armed forces personnel and their family members to pay tuition and fees at the rate provided to Texas residents, and recognized the author to explain the bill. Witnesses registering and testifying on SB 1102 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1102, the chair closed public testimony. Senator Fraser moved that SB 1102 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Pursuant to a motion in writing submitted to the Chair, Senator Madla was granted unanimous consent to be shown voting aye (the 5 ayes include the motion in writing). Senator Fraser asked unanimous consent that SB 1102 be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out SB 1103 by Senator Fraser, relating to the security provided for revenue bonds issued by the Veteran's Land Board, and SJR 46 by Senator Fraser, proposing a constitutional amendment authorizing the Veterans' Land Board to make certain payments on revenue bonds and to use assets in certain funds to provide for veterans homes, and recognized the author to explain the bills. Witnesses registering and testifying on SB 1103 and SJR 46 are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1103 and SJR 46, the chair closed public testimony. Senator Madla present at 3:28 p.m. Senator Fraser moved that SJR 46 be sent to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Senator Fraser moved that SB 1103 be sent to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. The chair laid out anew, SB 1174 by Senator Harris, relating to salary payments to municipal and county employees called to active military duty, which was left pending to await the arrival of a quorum. The chair asked if there was any objection to the adoption of the committee substitute for SB 1174. There being no objections, the committee substitute was adopted. Senator Shapleigh moved that SB 1174 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Senator Shapleigh moved that the committee substitute for SB 1174 be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out anew SB 1669 by Senator Averitt, relating to military leave for public school employees, which was left pending to await the arrival of a quorum. The chair asked if there was any objection to the adoption of the committee substitute for SB 1669. There being no objections, the committee substitute was adopted. Senator Fraser moved that SB 1669 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Senator Fraser asked unanimous consent for SB 1669 to be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. At 3:30 p.m. Senator Estes assumed presiding duties. The chair laid out anew, SB 1508 by Senator Van de Putte, relating to the administration of and insurance requirements for certain Veterans' Land Board programs, which had been left pending to await the arrival of a quorum. Senator Van de Putte moved that SB 1508 be sent to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Senator Van de Putte moved that SB 1508 be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out anew SB 1594 by Senator Van de Putte, relating to the Texas State Guard, which had been left pending to await the arrival of a quorum. Senator Van de Putte moved that SB 1594 be sent to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Senator Van de Putte asked unanimous consent for SB 1594 to be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out anew SB 1800 by Senator Van de Putte, relating to state employee military leave, which was left pending to await the arrival of a quorum. Senator Van de Putte moved the adoption of the committee substitute for SB 1800. There being no objection, it was so ordered. Senator Van de Putte requested that the committee substitute for SB 1800 be left pending, to await the arrival of the House companion bill. At 3:42 p.m. Senator Van de Putte resumed presiding duties. The chair laid out subcommittee report SB 1143 by Senator Madla, relating to designation of defense economic readjustment zones, and recognized the author to explain the bill to the full committee. Senator Madla sent up a committee substitute for SB 1143 and explained the differences between the committee substitute and the bill as filed. Witnesses registering and testifying on SB 1143, as amended, are shown on the attached list. There being no other witnesses registered or responding to the chair's call for public testimony relating to SB 1143, the chair closed public testimony. Senator Madla moved adoption of the committee substitute for SB 1143 (Document number 2003S0992-1). There being no objection, the committee substitute was adopted. Senator Madla moved that SB 1143 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Senator Madla moved that the committee substitute for SB 1143 be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out subcommittee report SB 1565 by Senator Madla, relating to allowing a municipality to create a defense adjustment management authority; authorizing taxes and bonds, and recognized the author to explain the bill to the full committee. Senator Madla sent up a committee substitute for SB 1565 and explained the differences between the committee substitute and the bill as filed. Senator Madla moved the adoption of the committee substitute for SB 1565 (Document number 2003S1110-1). There being no objection, the committee substitute was adopted. The chair asked if there was anyone present wishing to testify for, on or against the committee substitute for SB 1565. There being no witnesses registered or responding to the chair's call for public testimony relating to SB 1565, the chair closed public testimony. Senator Madla moved that SB 1565 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Pursuant to a motion in writing submitted to the Chair, Senator Fraser was granted unanimous consent to be shown voting aye (the 5 ayes include the motion in writing). Senator Madla moved that the committee substitute for SB 1565 be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out SB 1457 by Senator Lindsay, relating to the qualifications for appointment as Adjutant General, and recognized the author to explain the bill. The chair asked if there was anyone present wishing to testify for, on or against the committee substitute for SB 1457. There being no witnesses registered or responding to the chair's call for public testimony relating to SB 1457, the chair closed public testimony. Senator Estes moved that SB 1457 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays, 0 absent and 0 present not voting. Pursuant to a motion in writing submitted to the Chair, Senator Fraser was granted unanimous consent to be shown voting aye (the 5 ayes include the motion in writing). Senator Estes moved that SB 1457 be recommended for certification on the local and uncontested calendar. There being no objection, it was so ordered. The chair laid out the April 2, 2003, minutes and called for their adoption. Senator Madla moved their adoption. There being no objection, it was so ordered. There being no other business to come before the committee, the chair recessed the committee at 4 p.m., subject to the call of the chair. _____________________________________ Senator Leticia Van de Putte, R. Ph., Chair _____________________________________ Scott Caffey, Committee Clerk