MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Monday, March 7, 2005
1:30 p.m. or upon adjournment
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on State Affairs
was held on Monday, March 7, 2005, in the Senate Chamber at
Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Robert Duncan None
Senator Tommy Williams
Senator Kenneth Armbrister
Senator Rodney Ellis
Senator Troy Fraser
Senator Chris Harris
Senator Mike Jackson
Senator Eddie Lucio, Jr.
Senator Frank Madla
*****
The chair called the meeting to order at 1:40 p.m. There being
a quorum present, the following business was transacted:
The chair laid out pending business CSSB 5. Senator Williams
moved that all previously adopted Committee Amendments to CSSB 5
be withdrawn and that the vote by which the Committee Substitute
had been previously adopted be reconsidered. Without objection,
it was so ordered.
Senator Williams sent up a new Committee Amendment 1 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Williams sent up a new Committee Amendment 2 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Williams sent up a new Committee Amendment 3 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Williams sent up a new Committee Amendment 4 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Armbrister sent up a new Committee Amendment 5 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Madla sent up a new Committee Amendment 6 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Madla sent up a new Committee Amendment 7 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Madla sent up a new Committee Amendment 8 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Madla sent up a new Committee Amendment 9 and moved
adoption. Senator Madla then sent up an amendment to Committee
Amendment 9 and moved adoption. The amendment was left pending
to await a quorum. Upon arrival of a quorum, the amendment to
Committee Amendment 9 was adopted without objection. Committee
Amendment 9 as amended was adopted without objection.
Senator Madla assumed the chair.
Senator Duncan sent up a new Committee Amendment 11 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Duncan sent up a new Committee Amendment 12 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Duncan sent up Committee Amendment 10 and was recognized
to explain the amendment. The amendment was then withdrawn.
Senator Duncan resumed the chair.
Senator Madla sent up a new Committee Amendment 16 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Madla sent up a new Committee Amendment 6 and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Ellis sent up a new Committee Amendment 15 and was
recognized to explain the amendment. The amendment was then
withdrawn.
Senator Lucio moved to withdraw Committee Amendment 13 from
consideration; without objection, it was so ordered.
Senator Lucio sent up a new Committee Amendment 14 and moved
adoption. Senator Jackson offered an amendment to Committee
Amendment 14. Senator Jackson withdrew his amendment to
Committee Amendment 14 and Senator Lucio withdrew Committee
Amendment 14.
Senator Lucio sent up a new Committee Amendment 19 and moved
adoption. The amendment was adopted without objection.
Senator Williams sent up a new Committee Amendment 10a and moved
adoption. The amendment was left pending to await a quorum.
Upon arrival of a quorum, the amendment was adopted without
objection.
Senator Williams assumed the chair.
Senator Duncan sent up a new Committee Amendment 18 and was
recognized to explain the amendment. The amendment was then
withdrawn.
Senator Armbrister requested unanimous consent to incorporate
amendments into the committee substitute; without objection, it
was so ordered. Senator Williams then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Williams moved that SB 5 do not pass but that
CSSB 5 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 9 ayes, 0 nay, 0 present not voting, and 0
absent.
The chair laid out SB 427 and recognized the author, Senator Van
de Putte, to explain the bill. Senator Armbrister sent up a
committee substitute; the chair recognized Senator Van de Putte
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. The bill and its proposed Committee Substitute were
left pending before the committee.
The chair laid out SB 490 and recognized the author, Senator
Estes, 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 Duncan moved that SB 490
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Armbrister moved
that SB 490 be reported favorably to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 1 nay, 0 present not
voting, and 0 absent.
Senator Williams assumed the chair.
The chair laid out SB 368 and recognized the author, Senator
Duncan, to explain the bill. Senator Duncan sent up a committee
substitute; the chair recognized Senator Duncan to explain the
difference between the committee substitute and the bill as
filed. Senator Duncan 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 Duncan moved that
SB 368 be left pending; without objection, it was so ordered.
Senator Duncan resumed the chair.
The chair laid out pending business SB 261 and recognized the
author, Senator Williams, to explain the bill. Senator Williams
sent up a committee substitute; the chair recognized Senator
Williams to explain the difference between the committee
substitute and the bill as filed. Senator Williams moved
adoption of the committee substitute; without objection, it was
so ordered. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Williams
moved that SB 261 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Williams moved that SB 261 do not pass but that CSSB 261 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 9
ayes, 0 nay, 0 present not voting, and 0 absent. Senator
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Williams assumed the chair.
The chair laid out pending business SB 294 and recognized the
author, Senator Duncan, to explain the bill. Senator Duncan
sent up a committee substitute; the chair recognized Senator
Duncan to explain the difference between the committee
substitute and the bill as filed. Senator Duncan moved adoption
of the committee substitute; without objection, it was so
ordered. Senator Duncan moved that SB 294 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Duncan moved that SB 294 do not
pass but that CSSB 294 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a record vote of 9 ayes, 0 nay, 0 present not
voting, and 0 absent.
There being no further business, Senator Duncan moved that the
Committee stand recessed subject to the call of the chair.
Without objection, it was so ordered.
_____________________________
Senator Robert Duncan, Chair
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Teddy Carter, Clerk