MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, May 5, 2005
11:00 a.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, May 5, 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 1:30 p.m. There being
a quorum present, the following business was transacted:
Senator Lucio moved that public testimony be limited to 2
minutes per person; without objection, it was so ordered.
The chair laid out HB 7 and recognized the Senate sponsor,
Senator Staples, to explain the bill. Senator Armbrister sent
up a committee substitute; the chair recognized Senator Staples
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.
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 7 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Armbrister moved that HB 7 do not pass but that CSHB 7 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 HB 1562 and recognized the Senate sponsor,
Senator Madla, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 1562 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Madla moved that HB 1562 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
Harris moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 654 and recognized Senator Madla, in the
absence of the Senate sponsor, 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 654 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Madla moved
that HB 654 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 Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 655 and recognized Senator Madla, in the
absence of the Senate sponsor, 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 655 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Ellis moved
that HB 655 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 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 1401 and recognized the author, Senator
Ellis, 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.
Senator Ellis resumed the chair.
The chair laid out HB 350 and recognized the Senate sponsor,
Senator Duncan, 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 350
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Armbrister moved
that HB 350 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 Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB 417 and recognized Senator Duncan, 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. Senator Duncan moved that HB 417 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator Fraser moved that HB 417 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
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 SB 751 and recognized the author, Senator Van
de Putte, to explain the bill. Senator Madla 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. 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 Duncan
moved that SB 751 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Madla moved that SB 751 do not pass but that CSSB 751 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, 1 nay, 0 present not voting, and 0 absent.
The chair laid out SB 1094 and recognized the author, Senator
Van de Putte, 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.
Senator Madla assumed the chair.
The chair laid out SB 555 and recognized Senator Duncan, in the
absence of the author, to explain the bill. 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 pending business SB 70. A committee
substitute was pending before the committee from a previous
hearing. Senator Lucio offered Committee Amendment 1 to the
committee substitute and moved adoption; without objection, the
amendment was adopted. Senator Lucio then moved to have
Committee Amendment 1 rolled into the committee substitute,
creating a new committee substitute. Senator Williams moved
adoption of the new committee substitute; without objection, it
was so adopted. Senator Lucio, Jr. moved that SB 555 do not
pass but that CSSB 555 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, 2 nays, 0 present not
voting, and 1 absent.
The chair laid out pending business SB 1128 by Hinojosa.
Senator Armbrister sent up a committee substitute; the chair
recognized Senator Hinojosa 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 the
committee meet at Senator Duncan's desk upon the floor of the
Senate upon adjournment of the full senate on May 6, 2005, in
order to take up and consider SB 555 and SB 1128.
At 3:33 p.m. Senator Duncan moved that the committee stand
recessed until upon adjournment on May 6, 2005, at Senator
Duncan's senate desk; without objection, it was so ordered.
May 6, 2005
After suspending the 24-hour posting rule, the committee
reconvened at Senator Duncan's Desk on the floor of the senate.
In attendance were: Chairman Duncan, Senator Williams, Senator
Armbrister, Senator Fraser, Senator Jackson, Senator Lucio, and
Senator Madla.
The chair laid out pending business SB 555. Senator Lucio sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. Senator Lucio moved that Committee
Amendment 1 be rolled into the body of the bill, creating a new
committee substitute; without objection, it was so ordered.
Senator Lucio moved adoption of the new committee substitute;
without objection, it was so ordered. Senator Lucio, Jr. moved
that SB 555 do not pass but that CSSB 555 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.
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Senator Robert Duncan, Chair
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Teddy Carter, Clerk