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