MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                              Thursday, April 28, 2005 
                           11:00 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 Thursday, April 28, 2005, in the Senate Chamber at  
         Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Robert Duncan                   Senator Mike Jackson 
         Senator Tommy Williams                  Senator Frank Madla 
         Senator Kenneth Armbrister 
         Senator Rodney Ellis 
         Senator Troy Fraser 
         Senator Chris Harris 
         Senator Eddie Lucio, Jr. 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2:30 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 623 and recognized the author, Senator  
         Hinojosa, 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 623  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Lucio, Jr. moved  
         that SB 623 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 Lucio, 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 256 and recognized the Senate sponsor,  
         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 HB 256  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Williams moved that  
         HB 256 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.   
          
         The chair laid out HB 604 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  The chair  
         moved that the public testimony be closed; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lucio, Jr.  
         moved that HB 604 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 Lucio, 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 1602 and recognized the Senate sponsor,  
         Senator Janek, to explain the bill.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Duncan moved that HB 1602 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Williams moved that HB 1602 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 SB 1739 and recognized the author, Senator  
         Carona, 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 1739  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Williams moved that  
         SB 1739 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 Harris assumed the chair.   
          
         The chair laid out HB 736, HB 737, HB 738, HB 739, HB 740, HB  
         741, HB 742, HB 743, and HB 744 and recognized the Senate  
         sponsor, Senator Duncan, to explain the bills.  The chair moved  
         that the public testimony for these bills be closed; without  
         objection, it was so ordered.   
         Senator Harris moved that HB 736 be left pending to await a  
         quorum; without objection, it was so ordered.  Senator Duncan  
         resumed the chair.  Upon arrival of a quorum, Senator Williams  
         assumed the chair.  Senator Armbrister moved that the vote to be  
         taken for HB 736 also apply to every bill that was laid out with  
         it; without objection, it was so ordered. Senator Duncan moved  
         that HB 736, HB 737, HB 738, HB 739, HB 740, HB 741, HB 742, HB  
         743, and HB 744 be reported favorably to the Senate with the  
         recommendation that they 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 moved that the bills be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Duncan resumed the chair.  
          
         Senator Harris assumed the chair.    
          
         The chair laid out HB 755 and recognized the Senate sponsor,  
         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 Harris moved that HB 755 be left  
         pending to await a quorum; without objection, it was so ordered.  
         Senator Duncan resumed the chair.  Upon arrival of a quorum,  
         Senator Williams assumed the chair.  Senator Duncan moved that  
         HB 755 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 moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Duncan resumed the chair.   
          
         The chair laid out HB 1285 and recognized Senator Harris, in the  
         absence of the Senate sponsor, to explain the bill.  Senator  
         Harris 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 Williams moved adoption  
         of Committee Amendment 1; without objection, the amendment was  
         adopted.  Senator Armbrister moved that HB 1285, 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 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.   
          
         The chair laid out SB 727 and recognized Senator Williams, in  
         the absence of the author, 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 727 do not pass but that CSSB 727 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.  Senator Williams 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 1738.  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 Armbrister assumed the chair.  Senator Duncan moved that  
         SB 1738 do not pass but that CSSB 1738 be reported back to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 6 ayes, 0 nay, 0  
         present not voting, and 3 absent.  Senator Armbrister moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Duncan resumed the chair.   
          
         The chair laid out pending business SB 309.  Senator Lucio moved  
         to reconsider the vote by which a committee substitute had been  
         previously adopted; without objection, it was so ordered and the  
         committee substitute was laid on the table.  Senator Lucio then  
         withdrew the substitute from consideration and offered a new  
         committee substitute.  Senator Lucio was recognized to explain  
         the differences between the substitute and the bill as filed and  
         moved adoption of the new committee substitute; without  
         objection, it was so ordered.  Senator Lucio, Jr. moved that SB  
         309 do not pass but that CSSB 309 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.  Senator Lucio, Jr. 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