MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Wednesday, April 27, 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 27, 2005, in the Capitol Extension, Room E1.028, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Frank Madla Senator Kim Brimer Senator Bob Deuell Senator Mario Gallegos, Jr. Senator Jeff Wentworth ***** The chair called the meeting to order at 9:02 a.m. There being a quorum present, the following business was transacted: The chair laid out SB 1772 and recognized the author, 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. 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 1772 be left pending; without objection, it was so ordered. The chair laid out SB 1855 and recognized the author, 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. 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 1855 be left pending; without objection, it was so ordered. The chair laid out SB 1878 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 1878 be left pending; without objection, it was so ordered. The chair laid out SB 1881 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 1881 be left pending; without objection, it was so ordered. The chair laid out SB 1800 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1800 be left pending; without objection, it was so ordered. The chair laid out SB 1801 and recognized the author, Senator Jackson, 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 Jackson to explain the difference between the committee substitute and the bill as filed. Senator Madla moved that SB 1801 be left pending; without objection, it was so ordered. The chair laid out SB 1802 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1802 be left pending; without objection, it was so ordered. The chair laid out SB 1803 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1803 be left pending; without objection, it was so ordered. The chair laid out SB 1804 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1804 be left pending; without objection, it was so ordered. The chair laid out SB 1805 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1805 be left pending; without objection, it was so ordered. The chair laid out SB 1806 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1806 be left pending; without objection, it was so ordered. The chair laid out SB 1807 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1807 be left pending; without objection, it was so ordered. The chair laid out SB 1808 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 Deuell sent up Committee Amendment 1 and Senator Jackson explained. Senator Madla moved that SB 1808 be left pending; without objection, it was so ordered. The chair laid out SB 1864 and recognized the author, Senator Jackson, 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 1864 be left pending; without objection, it was so ordered. The chair laid out SB 1865 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1865 be left pending; without objection, it was so ordered. The chair laid out SB 1866 and recognized the author, Senator Jackson, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Jackson 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 1866 be left pending; without objection, it was so ordered. The chair laid out SB 1867 and recognized the author, Senator Jackson, 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 1867 be left pending; without objection, it was so ordered. The chair laid out SB 1871 and recognized the author, Senator Jackson, 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 1871 be left pending; without objection, it was so ordered. The chair laid out SB 1882 and recognized the author, Senator Jackson, 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 1882 be left pending; without objection, it was so ordered. The chair laid out SB 724 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 registering on the bill are shown on the attached list. Senator Madla moved that SB 724 be left pending; without objection, it was so ordered. The clerk called the roll and a quorum was present. The chair laid out SB 1813 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. Senator Gallegos, Jr. sent up a proposed committee substitute; the chair recognized Senator Gallegos, Jr. to explain the difference between the committee substitute and the bill as filed. Senator Gallegos, Jr. 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 Gallegos, Jr. requested unanimous consent to roll the amendment into the proposed committee substitute; without objection, it was so ordered. Senator Gallegos, Jr. then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 1813 do not pass but that CSSB 1813 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 Committee voted on bills previously left pending. The chair laid out pending business SB 1772. 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 1772 do not pass but that CSSB 1772 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 1800. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1800 do not pass but that CSSB 1800 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 1801. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1801 do not pass but that CSSB 1801 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 1802. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1802 do not pass but that CSSB 1802 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 1804. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1804 do not pass but that CSSB 1804 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 1803. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1803 do not pass but that CSSB 1803 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 1805. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1805 do not pass but that CSSB 1805 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 1806. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1806 do not pass but that CSSB 1806 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 1807. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1807 do not pass but that CSSB 1807 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 1808. Senator Deuell sent up a committee substitute and Amendment 1 earlier. Senator Deuell now moved adoption of Amendment 1; without objection, it was so ordered. Senator Deuell requested unanimous consent to roll the amendment into the proposed committee substitute; without objection, it was so ordered. Senator Deuell then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Deuell moved that SB 1808 do not pass but that CSSB 1808 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 1855. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1855 do not pass but that CSSB 1855 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 1864. Senator Deuell moved that SB 1864 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 1865. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1865 do not pass but that CSSB 1865 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 1866. Senator Deuell sent up a committee substitute earlier. Senator Deuell now moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 1866 do not pass but that CSSB 1866 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 1867. Senator Deuell moved that SB 1867 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 1871. Senator Deuell moved that SB 1871 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 1878. Senator Deuell moved that SB 1878 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 1881. Senator Deuell moved that SB 1881 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 1882. Senator Deuell moved that SB 1882 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 SB 1814 and recognized Senator Gallegos, Jr., in the absence of the author, 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 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 1814 be left pending; without objection, it was so ordered. The chair laid out SB 1842 and recognized the author, Senator Ellis, to explain the bill. Senator Gallegos, Jr. sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. 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 1842 be left pending; without objection, it was so ordered. The chair laid out SB 1843 and recognized the author, Senator Ellis, to explain the bill. Senator Gallegos, Jr. sent up Committee Amendment 1. 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 1843 be left pending; without objection, it was so ordered. The chair laid out SB 1860 and recognized the author, Senator Ellis, to explain the bill. Senator Gallegos, Jr. sent up a proposed committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. Senator Gallegos, Jr. sent up Committee Amendment 1. 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 1860 be left pending; without objection, it was so ordered. The chair laid out SB 1880 and recognized the author, Senator Ellis, to explain the bill. There were no witnesses registering or testifying on this bill. Senator Gallegos, Jr. sent up Committee Amendment 1. Senator Madla moved that SB 1880 be left pending; without objection, it was so ordered. The Committee stood at ease. At 10:09 a.m. Senator Madla moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. The posting rule, Senate Rule 11.18, was suspended, motioned by Senator Madla, to vote out bills left pending at the hearing earlier today. Upon adjournment of the Senate, the Committee met at Chairman Madla's desk and the meeting was called to order at 3:12 p.m. There being a quorum present, the following business was transacted: The chair laid out pending business SB 724. Senator Gallegos, Jr. sent up a committee substitute that was laid out earlier and moved adoption of the committee substitute; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 724 do not pass but that CSSB 724 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 CSSB 1814. Senator Deuell moved that SB 1814 do not pass but that CSSB 1814 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 1843. Senator Gallegos, Jr. sent up Committee Amendment 1 earlier. Senator Deuell now moved adoption of Committee Amendment 1; without objection, it was so ordered. Senator Deuell moved that SB 1843, 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 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 1860. Senator Gallegos, Jr. sent up a proposed committee substitute earlier. Senator Deuell sent up Amendment 1 that was laid out earlier and moved adoption of Amendment 1; without objection, it was so ordered. Senator Deuell requested unanimous consent to roll the amendment into the proposed committee substitute; without objection, it was so ordered. Senator Deuell then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Deuell moved that SB 1860 do not pass but that CSSB 1860 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. Senator Wentworth requested unanimous consent to be shown voting aye on CSSB 1772, CSSB 1800, CSSB 1801, CSSB 1802, CSSB 1803, CSSB 1804, CSSB 1805, CSSB 1806, CSSB 1807, CSSB 1808, CSSB 1813, CSSB 1855, SB 1864, CSSB 1865, CSSB 1866, SB 1867, SB 1871, SB 1878, SB 1881, SB 1882; without objection, it was so ordered. Senator Brimer requested unanimous consent to be shown voting aye on CSSB 1772, CSSB 1800, CSSB 1801, CSSB 1802, CSSB 1803, CSSB 1804, CSSB 1805, CSSB 1806, CSSB 1807, CSSB 1808, CSSB 1813, CSSB 1855, SB 1864, CSSB 1865, CSSB 1866, SB 1867, SB 1871, SB 1878, SB 1881, SB 1882; without objection, it was so ordered. There being no further business, at 3:18 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