MINUTES
SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS
Thursday, April 21, 2005
8:00 a.m.
Capitol Extension Auditorium, Room E1.004
*****
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 Thursday, April 21,
2005, in the Capitol Extension Auditorium 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 8:00 a.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 1302 and recognized the author, Senator
Seliger, to explain the bill. There were no witnesses
testifying or registering on the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Madla moved that SB 1302 be left pending;
without objection, it was so ordered.
The chair laid out SB 628 and recognized the author, Senator
Lucio, Jr., to explain the bill. Senator Deuell sent up a
committee substitute; the chair recognized Senator Lucio, Jr. 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 628 be left pending; without
objection, it was so ordered.
The chair laid out SB 723 and recognized the author, Senator
Lucio, Jr., to explain the bill. Senator Deuell sent up a
committee substitute; the chair recognized Senator Lucio, Jr. 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 723 be left pending; without
objection, it was so ordered.
The chair laid out SB 799 and recognized the author, Senator
Lucio, Jr., 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 799 be left pending;
without objection, it was so ordered.
The chair laid out HB 1007 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill. Senator Brimer assumed
the chair. 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 Brimer
moved that HB 1007 be left pending; without objection, it was so
ordered.
The chair laid out HB 2814 and recognized the Senate sponsor,
Senator Janek, 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 Brimer moved that HB 2814 be left pending;
without objection, it was so ordered.
The chair laid out SB 1722 and recognized the author, Senator
Gallegos, Jr., 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 Gallegos, Jr. moved that
SB 1722 be left pending; without objection, it was so ordered.
The chair laid out SB 1786 and recognized the author, Senator
Gallegos, Jr., 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 Deuell 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 Deuell moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Brimer moved that SB 1786 be left pending; without
objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out SB 833 and recognized the author, Senator
Barrientos, 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 Gallegos, Jr. sent up a committee substitute;
the chair recognized Senator Barrientos 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. Senator Madla
moved that SB 833 be left pending; without objection, it was so
ordered.
The chair laid out SB 1673 and recognized the author, Senator
Barrientos, to explain the bill. Senator Gallegos, Jr. sent up
a committee substitute; the chair recognized Senator Barrientos
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.
Senator Brimer 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 Brimer moved that SB
1673 be left pending; without objection, it was so ordered.
The chair laid out SB 1677 and recognized the author, Senator
Barrientos, 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 Brimer moved that SB 1677 be left pending;
without objection, it was so ordered.
The chair laid out pending business SB 645. Senator Madla sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. Senator Brimer moved that SB 645 be
left pending; without objection, it was so ordered.
The chair laid out SB 1827 and recognized the author, Senator
Whitmire, 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 Brimer moved that SB 1827 be left pending;
without objection, it was so ordered.
The chair laid out SB 1828 and recognized the author, Senator
Estes, to explain the bill. Senator Deuell sent up a committee
substitute; the chair recognized Senator Estes to explain the
difference between the committee substitute and the bill as
filed. Senator Deuell 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 Brimer moved that SB 1828
be left pending; without objection, it was so ordered.
The chair laid out HB 937 and recognized the Senate sponsor,
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. 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 Brimer moved that
HB 937 be left pending; without objection, it was so ordered.
The chair laid out SB 1433 and recognized the author, Senator
Madla, to explain the bill. Senator Gallegos, Jr. sent up a
committee substitute; the chair recognized Senator Madla 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 testifying and registering on the bill are shown on
the attached list.
CSSB 1433 was temporarily tabled to call roll and to adopt the
minutes.
Senator Madla moved adoption of the minutes from the previous
hearings held on April 13, 2005, and April 14, 2005; without
objection, it was so ordered.
Testimony on CSSB 1433 resumed. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Brimer moved that SB 1433 be left pending; without
objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out HB 304 and recognized the Senate sponsor,
Senator Deuell, to explain the bill. Senator Deuell sent up a
committee substitute; the chair recognized Senator Deuell to
explain the difference between the committee substitute and the
bill as filed. Senator Deuell 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
HB 304 be left pending; without objection, it was so ordered.
The chair laid out SB 1742 and recognized Senator Deuell, in the
absence of the author, to explain the bill. Senator Deuell sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. 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 1742 be left pending;
without objection, it was so ordered.
The chair laid out HB 918 and recognized the Senate sponsor,
Senator Wentworth, 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 HB 918 be left pending;
without objection, it was so ordered.
The chair laid out pending business SB 768. 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. Senator Madla moved that SB 768 be left pending;
without objection, it was so ordered.
Senator Wentworth assumed the chair.
The chair laid out pending business SB 1370. 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. Senator Madla moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Wentworth moved that SB 1370 be left pending; without objection,
it was so ordered.
Senator Madla resumed the chair.
The chair laid out SB 1050 and recognized the author, Senator
Van de Putte, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Van de Putte
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 SB 1050 be left pending; without objection, it was so
ordered.
Senator Madla moved that the committee stand recessed for ten
minutes; without objection, it was so ordered.
The committee will now vote on the bills previously left
pending.
The chair laid out pending business SB 628. Senator Wentworth
sent up a committee substitute that was laid out earlier and
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Wentworth moved that SB 628 do not
pass but that CSSB 628 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 Wentworth 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 723. Senator Deuell sent
up a committee substitute that was laid out earlier and moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Deuell moved that SB 723 do not pass but
that CSSB 723 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 Deuell 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 799. Senator Deuell
moved that SB 799 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 Deuell 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 CSSB 833. Senator Wentworth
moved that SB 833 do not pass but that CSSB 833 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 Wentworth
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 CSSB 1050. Senator Deuell
moved that SB 1050 do not pass but that CSSB 1050 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.
The chair laid out pending business SB 1302. Senator Wentworth
moved that SB 1302 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 Wentworth 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 CSSB 1673. Senator Deuell
moved that SB 1673 do not pass but that CSSB 1673 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 Wentworth
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 1677. Senator Deuell
moved that SB 1677 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 Deuell 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 1742. Committee
Amendment 1 was previously adopted. Senator Wentworth moved
that SB 1742, as amended, 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 Wentworth 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 CSSB 1786. Senator Deuell
moved that SB 1786 do not pass but that CSSB 1786 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 Deuell 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 1827. Senator Deuell
moved that SB 1827 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 Deuell 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 CSHB 304. Senator Deuell
moved that HB 304 do not pass but that CSHB 304 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 Deuell 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 HB 918. Senator Wentworth
moved that HB 918 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 Wentworth 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 HB 1007. Senator Deuell
sent up a committee substitute that was laid out earlier and
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Deuell moved that HB 1007 do not
pass but that CSHB 1007 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 Deuell 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 HB 2814. Senator Wentworth
moved that HB 2814 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 Wentworth 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 CSSB 1828. Senator Deuell
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Deuell requested
unanimous consent to roll the amendment into the committee
substitute; without objection, it was so ordered. Senator
Deuell then moved that the committee substitute be adopted;
without objection, it was so ordered. Senator Deuell moved that
SB 1828 do not pass but that CSSB 1828 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 Deuell 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 645. Committee Amendment
1 was previously adopted. Senator Wentworth moved that SB 645,
as amended, 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 Wentworth 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 CSSB 768. Senator Wentworth
moved that SB 768 do not pass but that CSSB 768 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 Wentworth
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 CSSB 1579. Senator
Wentworth moved that SB 1579 do not pass but that CSSB 1579 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
Wentworth 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 CSSB 1659. Senator
Wentworth moved that SB 1659 do not pass but that CSSB 1659 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
Wentworth moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Wentworth assumed the chair.
The chair laid out pending business CSSB 1433. Senator Madla
moved that SB 1433 do not pass but that CSSB 1433 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 Madla 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 CSSB 1370. Senator Madla
moved that SB 1370 do not pass but that CSSB 1370 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 Madla 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 1204. Senator Madla
moved that SB 1204 be reported favorably 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 Madla 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 1206. Senator Madla
moved that SB 1206 be reported favorably 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 Madla 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 CSHB 937. Senator Madla
moved that HB 937 do not pass but that CSHB 937 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 Madla moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Madla resumed the chair.
Senator Gallegos requested unanimous consent to be shown voting
aye on CSSB 628, CSSB 723, SB 799, CSSB 833, SB 1302, CSSB 1673,
SB 1677, SB 1742, CSSB 1786, SB 1827, CSSB 1828, CSHB 304, HB
918, CSHB 1007, HB 2814, SB 645, CSSB 768, CSSB 1579, CSSB 1050;
without objection, it was so ordered.
Senator Brimer requested unanimous consent to be shown voting
aye on CSSB 628, SB 799, CSSB 833, CSSB 1050, SB 1302, SB 1677,
SB 1742, CSSB 1786, SB 1827, CSSB 1828, SB 645, CSHB 304, HB
918, CSHB 1007, HB 2814, CSSB 768, CSSB 1659, CSSB 1370, CSHB
937; without objection, it was so ordered.
The chair laid out pending business CSSB 447. The chair asked
if there was anyone present that would like to testify for, on,
or against CSSB 447. There were no witnesses testifying or
registering on the bill. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Gallegos, Jr. moved that SB 447 do not pass but that
CSSB 447 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 3 ayes, 1 nay, 0 present not voting, and 1
absent.
There being no further business, at 10:27 a.m. Senator Madla
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
The posting rule, Senate Rule 11.18, was suspended, motioned by
Senator Madla, to reconsider the following bill: SB 1370.
Upon adjournment of the Senate, the Committee met at Chairman
Madla's desk and the meeting was called to order at 1:00 p.m.
There being a quorum present, the following business was
transacted:
Senator Wentworth assumed the chair.
The chair laid out CSSB 1370. Senator Madla moved to reconsider
the vote on CSSB 1370; without objection, it was so ordered.
Senator Madla pulled down the previous committee substitute and
sent up a new committee substitute; the chair recognized Senator
Madla to explain the changes in the new committee substitute.
Senator Madla moved adoption of the new committee substitute;
without objection, it was so ordered. Senator Madla moved that
SB 1370 do not pass but that CSSB 1370 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 Madla moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Madla resumed the chair.
There being no further business, at 1:03 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