MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Wednesday, April 13, 2005 9:00 a.m. Capitol Extension, Room E1.028 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Intergovernmental Relations was held on Wednesday, April 13, 2005, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Frank Madla None Senator Kim Brimer Senator Bob Deuell Senator Mario Gallegos, Jr. Senator Jeff Wentworth ***** The chair called the meeting to order at 9:00 a.m. There being a quorum present, the following business was transacted: The chair laid out SB 1353 and recognized the author, Senator Williams, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1353 be left pending; without objection, it was so ordered. The committee stood at ease from 9:03 - 9:05 a.m. The chair laid out SB 1555 and recognized the author, Senator Gallegos, Jr., to explain the bill. Senator Gallegos, Jr. sent up a committee substitute; the chair recognized Senator Gallegos, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Gallegos, Jr. moved adoption of the committee substitute; without objection, it was so ordered. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 1555 do not pass but that CSSB 1555 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Brimer assumed the chair. The chair laid out SB 1205 and recognized the author, Senator Madla, to explain the bill. Senator Madla sent up a committee substitute; the chair recognized Senator Madla 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 chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1205 be left pending; without objection, it was so ordered. Senator Madla resumed the chair. The chair laid out SB 434 and recognized the author, Senator Duncan, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 434 be left pending; without objection, it was so ordered. The chair laid out SB 919 and recognized the author, Senator Duncan, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 919 be left pending; without objection, it was so ordered. The chair laid out SB 1635 and recognized the author, Senator Duncan, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1635 be left pending; without objection, it was so ordered. The chair laid out SB 1754 and recognized the author, Senator Duncan, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1754 be left pending; without objection, it was so ordered. The chair laid out SB 1518 and recognized the author, Senator Deuell, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1518 be left pending; without objection, it was so ordered. The chair laid out SB 57 and recognized the author, Senator Nelson, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 57 be left pending; without objection, it was so ordered. The chair laid out SB 526 and recognized the author, Senator Hinojosa, to explain the bill. Senator Wentworth assumed the chair. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla resumed the chair. Senator Madla moved that SB 526 be left pending; without objection, it was so ordered. The chair laid out SB 142 and recognized the author, Senator Wentworth, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that CSSB 142 be left pending; without objection, it was so ordered. The chair laid out SB 1579 and recognized the author, Senator Zaffirini, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Zaffirini to explain the difference between the committee substitute and the bill as filed. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that CSSB 1579 be left pending; without objection, it was so ordered. The chair laid out SB 1457 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1457 be left pending; without objection, it was so ordered. At 10:48 a.m. Senator Madla moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. At 1:38 p.m. the committee reconvened. Senator Brimer assumed the chair. The chair laid out SB 1204 and recognized the author, Senator Madla, to explain the bill. The chair laid out SB 1206 at the same time and recognized the author, Senator Madla, to explain the bill. Witnesses registering on the bills are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Brimer moved that SB 1204 & SB 1206 be left pending; without objection, it was so ordered. The chair laid out SB 1068 and recognized the author, Senator Madla, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Brimer moved that SB 1068 be left pending; without objection, it was so ordered. The chair laid out SB 1067 and recognized the author, Senator Madla, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Brimer moved that SB 1067 be left pending; without objection, it was so ordered. Senator Madla resumed the chair. The chair laid out SB 645 and recognized the author, Senator Barrientos, to explain the bill. The chair laid out SB 768 at the same time and recognized Senator Brimer, in the absence of the author, to explain the bill. Witnesses testifying and registering on the bills are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 645 & SB 768 be left pending; without objection, it was so ordered. The chair laid out SB 1792 and recognized Senator Deuell, in the absence of the author, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1792 be left pending; without objection, it was so ordered. Senator Deuell assumed the chair. The chair laid out SB 1106 and recognized the author, Senator Madla, to explain the bill. Witnesses registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Deuell moved that SB 1106 be left pending; without objection, it was so ordered. The chair laid out pending business SB 1438. The chair re-opened public testimony. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that SB 1438 be left pending; without objection, it was so ordered. Senator Madla resumed the chair. The committee stood at ease from 2:50 - 2:54 p.m. Senator Gallegos, Jr. moved adoption of the minutes from the previous hearings held on April 4, 2005, April 6, 2005, April 7, 2005, and April 11, 2005; without objection, it was so ordered. The chair made known that SB 57, SB 1204, SB 1206, SB 1579, SB 1438, SB 645, & SB 768 will be left pending. The committee will now vote on the bills previously left pending. The chair laid out pending business CSSB 142. Senator Gallegos, Jr. moved that SB 142 do not pass but that CSSB 142 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 434. Senator Gallegos, Jr. moved that SB 434 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 526. Senator Gallegos, Jr. moved that SB 526 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 919. Senator Gallegos, Jr. moved that SB 919 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1353. Senator Gallegos, Jr. moved that SB 1353 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1457. Senator Gallegos, Jr. moved that SB 1457 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1518. Senator Gallegos, Jr. moved that SB 1518 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1635. Senator Gallegos, Jr. moved that SB 1635 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1754. Senator Gallegos, Jr. moved that SB 1754 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1792. Senator Gallegos, Jr. moved that SB 1792 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out CSSB 1498 which was previously left pending last week. Senator Gallegos, Jr. moved that SB 1498 do not pass but that CSSB 1498 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1067. Senator Gallegos, Jr. moved that SB 1067 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1068. Senator Gallegos, Jr. moved that SB 1068 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1106. Senator Gallegos, Jr. moved that SB 1106 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending business SB 1205. The chair moved adoption of the committee substitute laid out earlier; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 1205 do not pass but that CSSB 1205 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 0 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Wentworth requested to be shown voting aye on CSSB 142, SB 434, SB 526, SB 919, SB 1067, SB 1068, SB 1106, CSSB 1205, SB 1353, SB 1457, SB 1518, CSSB 1555, SB 1635, SB 1754, and SB 1792; without objection, it was so ordered. Senator Brimer requested to be shown voting aye on CSSB 142, SB 434, SB 526, SB 919, SB 1353, SB 1457, SB 1518, SB 1635, SB 1754, SB 1792, CSSB 1498, SB 1067, SB 1068, SB 1106, and CSSB 1205; without objection, it was so ordered. There was no action taken for the following bill(s): SB 1104 and SB 1372. There being no further business, at 3:15 p.m. Senator Madla moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. _____________________________ Senator Frank Madla, Chair _____________________________ Christine Wright, Clerk