MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Thursday, May 12, 2005 8:30 a.m. Capitol Extension Auditorium, Room E1.004 ***** Pursuant to suspension of Senate Rule 11.18, moved by Senator Madla, a public hearing of the Senate Committee on Intergovernmental Relations was held on Thursday, May 12, 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 8:32 a.m. There being a quorum present, the following business was transacted: The chair laid out HB 132 and recognized the Senate sponsor, Senator Fraser, 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 Madla moved that HB 132 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 2584 and recognized the Senate sponsor, Senator Fraser, 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 Madla moved that HB 2584 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1937 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 Madla moved that HB 1937 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1587 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 Madla moved that HB 1587 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 571 and recognized the Senate sponsor, Senator Janek, 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 Madla moved that HB 571 be left pending to await a quorum; without objection, it was so ordered. The chair laid out SB 1894 and recognized the author, Senator Deuell, 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 Madla moved that SB 1894 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 150 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 Madla moved that HB 150 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1213 and recognized the Senate sponsor, Senator Deuell, 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 Madla moved that HB 1213 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1599 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. The bill was temporarily tabled to call the roll. The chair laid out HB 1599 that was temporarily tabled. Senator Wentworth sent up a committee substitute; the chair recognized Senator Lindsay 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. 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 Wentworth moved that HB 1599 do not pass but that CSHB 1599 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 HB 233 and recognized the Senate sponsor, 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 Wentworth moved that HB 233 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 committee now voted on bills previously left pending to await a quorum. The chair laid out pending business SB 1894. Senator Deuell moved that SB 1894 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 HB 132. Senator Deuell moved that HB 132 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 HB 150. Senator Deuell moved that HB 150 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 HB 571. Senator Deuell moved that HB 571 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 HB 1213. Senator Deuell moved that HB 1213 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 Brimer assumed the chair. The chair laid out pending business HB 2584. Senator Deuell moved that HB 2584 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 1937. Senator Deuell moved that HB 1937 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 HB 1587. Senator Madla moved that HB 1587 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, 1 nay, 0 present not voting, and 0 absent. The chair laid out HB 585 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Madla sent up a committee substitute; the chair recognized Senator Wentworth 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. Witnesses testifying and registering on the bill are shown on the attached list. Senator Madla moved that HB 585 do not pass but that CSHB 585 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 HB 525 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. Witnesses registering on the bill are shown on the attached list. Senator Brimer moved that HB 525 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 639 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 Brimer moved that HB 639 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1267 and recognized the Senate sponsor, Senator Armbrister, 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 1267 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 1835 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Madla resumed the chair. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that HB 1835 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HCR 93 and recognized the Senate sponsor, Senator Armbrister, 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 Madla moved that HCR 93 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 2491 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. Senator Wentworth sent up Committee Amendment 1. Senator Madla sent up Committee Amendment 3. Senator Wentworth sent up Committee Amendment 4. Senator Wentworth sent up Committee Amendment 5. Senator Wentworth assumed the chair. Senator Madla sent up Committee Amendment 2. All Amendments were left pending to await a quorum. 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 announced earlier that HB 2491 will be left pending; without objection, it was so ordered. The chair laid out SB 1896 and recognized the author, Senator Madla, to explain the bill. Witnesses registering on the bill are shown on the attached list. 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 Wentworth moved adoption of the committee substitute; without objection, it was so ordered. At the author's request SB 1896 will be left pending; without objection, it was so ordered. The chair laid out HB 950 and recognized the Senate sponsor, 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 HB 950 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 1606 and recognized the Senate sponsor, Senator Ellis, to explain the bill. Senator Deuell sent up Committee Amendment 1. 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 moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Madla moved that HB 1606, 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 Madla moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1455 and recognized the Senate sponsor, Senator Madla, 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 Madla moved that HB 1455 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. The chair laid out HB 2374 and recognized the Senate sponsor, 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 HB 2374 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. The chair laid out pending business CSSB 1896. Senator Madla moved that SB 1896 do not pass but that CSSB 1896 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. The chair laid out HB 2587 and recognized Senator Wentworth, in the absence of the Senate sponsor, to explain the bill. Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 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 Wentworth requested unanimous consent to roll the amendment into the body of the bill; without objection, it was so ordered. Senator Wentworth then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Wentworth moved that HB 2587 do not pass but that CSHB 2587 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 HB 2457 and recognized Senator Wentworth, 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 Wentworth moved that HB 2457 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 167 and recognized Senator Deuell, in the absence of the Senate sponsor, to explain the bill. 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 body of the bill; without objection, it was so ordered. Senator Deuell then moved that the new committee substitute be adopted; 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 Deuell moved that HB 167 do not pass but that CSHB 167 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 HB 961 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 Wentworth moved that HB 961 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 265. Senator Wentworth assumed the chair. Senator Madla sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Madla moved that HB 265, 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 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. The chair laid out pending business HB 525. Senator Gallegos, Jr. moved that HB 525 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 HB 639. Senator Deuell moved that HB 639 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 HB 1267. Senator Gallegos, Jr. moved that HB 1267 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 HB 1835. Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Wentworth requested unanimous consent to roll the amendment into the body of the bill; without objection, it was so ordered. Senator Wentworth then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Wentworth moved that HB 1835 do not pass but that CSHB 1835 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 HCR 93. Senator Wentworth moved that HCR 93 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. Senator Brimer requested unanimous consent to be shown voting aye on SB 1894, CSSB 1896, HB 132, HB 150, HB 233, HB 571, HB 950, HB 1455, HB 1606, HB 2374, CSHB 167, HB 961, HB 265, HB 525, HB 639, HB 1267, CSHB 1835, and HCR 93; without objection, it was so ordered. Senator Gallegos requested unanimous consent to be shown voting aye on SB 1894, HB 132, HB 233, HB 571, HB 1213, HB 1587, CSHB 1599, HB 1937, HB 2584, CSHB 585, HB 150, CSSB 1896, HB 950, HB 1606, HB 1455, and HB 2374; without objection, it was so ordered. There being no further business, at 10:53 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