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