MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                               Monday, April 4, 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, April 4, 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 4:02 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Armbrister assumed the chair.   
          
         The chair laid out SB 1224 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.  The chair  
         moved that the public testimony be closed; without objection, it  
         was so ordered.  Senator Armbrister moved that SB 1224 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Duncan moved that SB 1224 do  
         not pass but that CSSB 1224 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.   
          
         The chair laid out SB 121 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.  The bill was left pending  
         before the committee. 
          
         Senator Williams assumed the chair.   
          
         The chair laid out SB 728 and recognized the author, Senator  
         Wentworth, to explain the bill.  Senator Ellis 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.  The  
         bill was left pending before the committee. 
          
         The chair laid out SB 1510 and recognized the author, Senator  
         Averitt, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator Averitt 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 was left pending before the committee. 
          
         The chair laid out SB 500 and recognized the author, Senator  
         West, to explain the bill.  Senator Ellis sent up a committee  
         substitute; the chair recognized Senator West to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ellis 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 Williams moved  
         that SB 1320 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Ellis moved that SB 1320 do not pass but that CSSB 1320 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 Ellis  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 442 and recognized the author, Senator  
         Hinojosa, to explain the bill.  Senator Williams sent up a  
         committee substitute; the chair recognized Senator Hinojosa 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 was left pending before the committee. 
  
         Senator Duncan resumed the chair.   
          
         The chair laid out SB 1320 and recognized Senator Hinojosa, in  
         the absence of the author, to explain the bill.  Senator  
         Williams sent up a committee substitute; the chair recognized  
         Senator Hinojosa to explain the difference between the committee  
         substitute and the bill as filed. Senator Williams sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.     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 1320 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Williams 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  
         1320 do not pass but that CSSB 1320 be reported back to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 8 ayes, 0 nay, 0  
         present not voting, and 1 absent.  Senator Williams 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 51.  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.  Senator Williams moved that SB 51 do not pass but  
         that CSSB 51 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 1 absent.  Senator Williams 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 179.  Senator Lucio, Jr.  
         sent up a committee substitute; the chair recognized Senator  
         Lucio, Jr. to explain the difference between the committee  
         substitute and the bill as filed.  Senator Lucio, Jr. 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 Lucio,  
         Jr. moved that SB 51 do not pass but that CSSB 51 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.   
          
         The chair laid out pending business SB 481.  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.  Senator Madla moved that SB 51 do not pass but that  
         CSSB 51 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 pending business SB 572.  Senator Lucio, Jr.  
         sent up a committee substitute; the chair recognized Senator  
         Lucio, Jr. to explain the difference between the committee  
         substitute and the bill as filed.  Senator Lucio, Jr. moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Lucio, Jr. sent up Committee Amendment 1  
         and moved adoption; without objection, the amendment was  
         adopted.  Senator Lucio, Jr. requested unanimous consent to  
         incorporate amendments into the committee substitute; without  
         objection, it was so ordered.  Senator Lucio, Jr. then moved  
         that the new committee substitute be adopted; without objection,  
         it was so ordered.  Senator Lucio, Jr. moved that SB 51 do not  
         pass but that CSSB 51 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 8 ayes, 0 nay, 0 present not  
         voting, and 1 absent.   
          
         The chair laid out pending business SB 690.  Senator Lucio, Jr.  
         sent up a committee substitute; the chair recognized Senator  
         Lucio, Jr. to explain the difference between the committee  
         substitute and the bill as filed.  Senator Lucio, Jr. moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Fraser sent up Committee Amendment 1 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Fraser requested unanimous consent to incorporate  
         amendments into the committee substitute; without objection, it  
         was so ordered.  Senator Lucio, Jr. then moved that the new  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Lucio, Jr. moved that SB 51 do not pass but  
         that CSSB 51 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 8 ayes, 0 nay, 0 present not  
         voting, and 1 absent.  Senator Lucio, Jr. 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 742.  Senator Duncan  
         moved that SB 51 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 2 absent.   
          
         Senator Duncan resumed the chair.   
          
         The chair laid out pending business SB 787.  Senator Williams  
         moved that SB 51 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 2 absent.  Senator Williams 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 890.  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.  Senator Williams moved that SB 51 do not pass but  
         that CSSB 51 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 8 ayes, 0 nay, 0 present not  
         voting, and 1 absent.   
          
         The chair laid out pending business SB 1485.  Senator Williams  
         moved that SB 51 be reported favorably 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 Williams moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         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 
          
         _____________________________ 
         Teddy Carter, Clerk