MINUTES SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS Wednesday, May 18, 2005 8:00 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 18, 2005, in the Capitol Extension, Room E1.028, at Austin, Texas. Pursuant to suspension of Senate Rule 11.18, moved by Senator Madla, the Senate Committee on Intergovernmental Relations was able to meet and consider: SJRi12, HBi1977, HBi2589, HBi3528. ***** 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 HB 1919 and recognized the Senate sponsor, Senator Harris, 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 1919 be left pending to await a quorum; without objection, it was so ordered. The chair laid out HB 2747 and recognized the sponsor's staff member, Jason Anderson, 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 2747 be left pending; without objection, it was so ordered. The chair laid out HB 1403 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 Wentworth moved that HB 1403 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 SJR 12 and recognized the author, Senator Janek, 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 SJR 12 be left pending; without objection, it was so ordered. The chair laid out HB 3195 and recognized the Senate sponsor, Senator Seliger, 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 3195 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 2626 and recognized the Senate sponsor, 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 Wentworth moved that HB 2626 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 HB 2241 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. 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. Senator Wentworth assumed the chair. 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 Brimer moved that HB 2241 do not pass but that CSHB 2241 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, 2 nays, 0 present not voting, and 0 absent. The chair laid out HB 960 and recognized the Senate sponsor, 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 Gallegos, Jr. moved that HB 960 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 148 and recognized the Senate sponsor, Senator Carona, 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 HB 148, 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 2694 and recognized the Senate sponsor, Senator Carona, 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 2694 be left pending so an Amendment could be drafted; without objection, it was so ordered. The chair laid out HB 2509 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 2509 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 HB 2661 and recognized Senator Wentworth, in the absence of the Senate sponsor, 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 Wentworth moved that HB 2661 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 HB 1346 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 1346 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 SJR 12. Senator Brimer moved that SJR 12 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 HB 1036 and recognized the Senate sponsor, Senator Barrientos, 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 Brimer moved that HB 1036 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 Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1582 and recognized Senator Wentworth, in the absence of the Senate sponsor, to explain the bill. 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. 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 Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Gallegos, Jr. moved that HB 1582 do not pass but that CSHB 1582 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 HB 1708 and recognized the Senate sponsor, Senator Wentworth, 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 Wentworth moved that HB 1708 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 HB 2619 and recognized the Senate sponsor, Senator Zaffirini, 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 2619 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 Brimer moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2926 and recognized the Senate sponsor, Senator Wentworth, 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 Gallegos, Jr. moved that HB 2926 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 HB 3101 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 Gallegos, Jr. moved that HB 3101 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 HB 1977 and recognized the Senate sponsor, Senator Gallegos, 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 Gallegos, Jr. moved that HB 1977 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 3528 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 HB 3528 do not pass but that CSHB 3528 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. Senator Madla resumed the chair. The chair laid out HB 1165 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 Gallegos, Jr. moved that HB 1165 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 2589 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 2589 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 1054 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 1054 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 1055 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 1055 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 2382 and recognized Senator Deuell, in the absence of the Senate sponsor, 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 moved that HB 2382 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 Wentworth requested unanimous consent to be shown voting aye on HB 1165, HB 2589, and CSHB 3528; without objection, it was so ordered. Senator Brimer assumed the chair. The chair laid out HB 731 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 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Madla moved that HB 731 do not pass but that CSHB 731 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 2135 and recognized the Senate sponsor, Senator Madla, to explain the bill. Senator Madla 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 Madla moved that HB 2135, 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 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 1287 and recognized the Senate sponsor, Senator Madla, 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 1287 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 HB 1919. Senator Madla moved that HB 1919 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 HB 2747. Senator Madla moved that HB 2747 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion failed by a record vote of 2 ayes, 2 nays, 0 present not voting, and 1 absent. Senator Madla resumed the chair. The chair laid out pending business HB 2694. Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Wentworth moved that HB 2694, 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 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. Senator Brimer moved adoption of the minutes from the previous hearings held on April 28, 2005, May 2, 2005, May 4, 2005, May 12, 2005 and May 16, 2005; without objection, it was so ordered. Senator Madla requested unanimous consent to be shown voting aye on HB 1977, HB 2926, and HB 3101; without objection, it was so ordered. Senator Deuell requested unanimous consent to be shown voting aye on HB148, HB 960, HB 1036, HB 1346, CSHB 1582, HB 1708, HB 1919, HB 1977, HB 2509, HB 2619, HB 2661, HB 2926, and HB 3101; without objection, it was so ordered. Senator Gallegos requested unanimous consent to be shown voting aye on HB 1403, HB 2626, and HB 3195; without objection, it was so ordered. Senator Brimer requested unanimous consent to be shown voting aye on HB 148, HB 960, HB 1403, HB 2509, HB 2626, HB 2661, and HB 3195; without objection, it was so ordered. There being no further business, at 10:18 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