MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Wednesday, May 4, 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, May 4, 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 9:06 a.m. There being a quorum present, the following business was transacted: The chair laid out HB 596 and recognized the Senate sponsor, Senator Seliger, to explain the bill. There were no witnesses registering or testifying on this bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Deuell moved that HB 596 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 Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 214 and recognized the Senate sponsor, Senator Fraser, to explain the bill. Senator Madla sent up a committee substitute; the chair recognized Senator Fraser 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. CSHB 214 was temporarily tabled. The chair laid out pending business HB 259. Senator Brimer moved that HB 259 be reported favorably 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. The chair laid out CSHB 214 that was temporarily tabled and Senator Fraser continued to explain. There were no witnesses registering or testifying for this bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Deuell moved that HB 214 do not pass but that CSHB 214 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 1880. Senator Wentworth moved that SB 1880 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 1887 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 Deuell moved that SB 1887 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 HCR 24 and recognized Senator Deuell, in the absence of the Senate sponsor, 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 HCR 24 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 HCR 128 and recognized Senator Deuell, in the absence of the Senate sponsor, 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 HCR 128 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 HB 265 and recognized the Senate sponsor, Senator Eltife, 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 HB 265 be left pending; without objection, it was so ordered. The chair laid out HB 2549 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 Madla moved that HB 2549 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Deuell moved that HB 2549 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 Committee stood at ease. The chair laid out SB 1886 and recognized the author, Senator Lindsay, 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 1886 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Madla moved that SB 1886 be left pending. The chair laid out SB 1888 and SB 1889 at the same time and recognized the author, Senator Lindsay, to explain the bill. Witnesses registering on both bills are shown on the attached list. The chair moved that the public testimony be closed on SB 1888 and SB 1889; without objection, it was so ordered. Senator Madla moved that SB 1888 and SB 1889 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved that SB 1888 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. Upon arrival of a quorum, Senator Gallegos, Jr. moved that SB 1889 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 HB 263 and recognized the Senate sponsor, Senator Shapiro, 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. moved that HB 263 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 HB 1913 and recognized the Senate sponsor, 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. moved that HB 1913 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 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 SB 1877 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. Senator Gallegos, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 1877, 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 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 HB 2892 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill. Senator Gallegos, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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. requested unanimous consent to roll the amendment into the body of the bill creating a new 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 HB 2892 do not pass but that CSHB 2892 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 HB 1471 and recognized the Senate sponsor, 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 Deuell moved that HB 1471 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 Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 352 and recognized Senator Deuell, in the absence of the Senate sponsor, 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 HB 352 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. Senator Gallegos, Jr. assumed the chair. The chair laid out SB 1892 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 Madla moved that SB 1892 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 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, Jr. moved adoption of the minutes from the hearing held on April 27, 2005; without objection, it was so ordered. Senator Wentworth asked for unanimous consent to be shown voting aye on SB 1877, SB 1888, SB 1889, SB 1892, HB 263, HB 352, HB 2549, and CSHB 2892; without objection, it was so ordered. Senator Brimer asked for unanimous consent to be shown voting aye on SB 1877, SB 1887, SB 1888, SB 1889, SB 1892, CSHB 214, HB 263, HB 352, HB 1471, HB 1913, HB 2549, HCR 24, HCR 128, and SB 1880; without objection, it was so ordered. Senator Gallegos asked for unanimous consent to be shown voting aye on SB 1887, CSHB 214, HB 596, HCR 24, HCR 128, and SB 1880; without objection, it was so ordered. There was no action taken for the following bill(s): SB 1505. There being no further business, at 10:14 a.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