MINUTES SENATE COMMITTEE ON STATE AFFAIRS Monday, April 11, 2005 9:00 a.m. 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 11, 2005, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Robert Duncan Senator Chris Harris Senator Tommy Williams Senator Kenneth Armbrister Senator Rodney Ellis Senator Troy Fraser Senator Mike Jackson Senator Eddie Lucio, Jr. Senator Frank Madla ***** The chair called the meeting to order at 9:07 a.m. There being a quorum present, the following business was transacted: The chair laid out SB 1323 and recognized the author, Senator Armbrister, 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. The bill was left pending before the committee. The chair laid out SB 805 and recognized the author, Senator Averitt, to explain the bill. Senator Armbrister sent up a committee substitute; the chair recognized Senator Averitt to explain the difference between the committee substitute and the bill as filed. Senator Armbrister moved adoption of the committee substitute; without objection, it was so ordered. Senator Armbrister moved that SB 805 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Armbrister moved that SB 805 do not pass but that CSSB 805 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 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 809 and recognized the author, Senator Averitt, to explain the bill. Senator Armbrister sent up a committee substitute; the chair recognized Senator Averitt to explain the difference between the committee substitute and the bill as filed. Senator Armbrister sent up Committee Amendments one and two; the chair recognized Senator Averitt to explain the amendments. 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 449 and recognized Senator Armbrister, in the absence of the author, 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 Armbrister moved that SB 449 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 449 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 Jackson 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 442 by Hinojosa. Senator Jackson sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the bill as filed. Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB 442 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 442 do not pass but that CSSB 442 be reported back 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. The chair laid out SB 895 and recognized the author, Senator Carona, to explain the bill. Senator Madla sent up a committee substitute; the chair recognized Senator Carona 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 SB 895 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Madla moved that SB 895 do not pass but that CSSB 895 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 SB 1052 and recognized Senator Lucio, Jr., in the absence of the author, to explain the bill. Senator Armbrister 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 Fraser requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered. Senator Fraser then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Fraser moved that SB 1052 do not pass but that CSSB 1052 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 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 1272 and recognized the author, Senator Jackson, to explain the bill. Senator Jackson sent up a committee substitute; the chair recognized Senator Jackson to explain the difference between the committee substitute and the bill as filed. Senator Jackson 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 1272 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved that SB 1272 do not pass but that CSSB 1272 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 Jackson 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 1510. Senator Ellis sent up a committee substitute. The bill was left pending before the committee. The chair laid out pending business SB 728. 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. Senator Ellis moved adoption of the committee substitute; without objection, it was so ordered. Senator Duncan moved that SB 728 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ellis moved that SB 728 do not pass but that CSSB 728 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 Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Duncan moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. At 4:29 p.m. the committee reconvened. The chair laid out SB 15 and recognized the author, Senator Janek, to explain the bill. Senator Jackson sent up a committee substitute; the chair recognized Senator Janek to explain the difference between the committee substitute and the bill as filed. Senator Ellis moved to place time limits on public testimony; 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. 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