MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Monday, May 16, 2005
8:30 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, May 16, 2005, in the Senate Chamber at
Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Robert Duncan Senator Eddie Lucio, Jr.
Senator Tommy Williams
Senator Kenneth Armbrister
Senator Rodney Ellis
Senator Troy Fraser
Senator Chris Harris
Senator Mike Jackson
Senator Frank Madla
*****
The chair called the meeting to order at 8:40 a.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 2678 and recognized the Senate sponsor,
Senator Seliger, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 2678 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Fraser moved that HB 2678 be
reported favorably 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 HB 2883 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Harris sent up a
committee substitute; the chair recognized Senator Harris to
explain the difference between the committee substitute and the
bill as filed. Senator Harris moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Duncan moved that HB 2883 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Madla moved that HB 2883 do not pass but that CSHB 2883
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 HB 2068 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 2068 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Williams moved that HB 2068 be
reported favorably 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 HB 2069 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Williams moved that HB 2069 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Williams moved that HB 2069 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
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 1382 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 1382 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Ellis moved that HB 1382 be
reported favorably 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.
The chair laid out HB 418 and recognized Senator Williams, 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 418
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Ellis moved that HB
418 be reported favorably 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.
The chair laid out HB 2322 and recognized the Senate sponsor,
Senator Ellis, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 2322 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Armbrister moved that HB 2322 be
reported favorably 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
Fraser moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 57 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. Senator Jackson 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 HB 57 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Jackson moved that HB 57, 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 8 ayes, 0 nay, 0 present not voting, and 1
absent.
The chair laid out HB 1509 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 1509 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Jackson moved that HB 1509 be
reported favorably 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.
Senator Williams assumed the chair.
The chair laid out HB 1353 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Senator Duncan 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 HB 1353 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Duncan moved that HB 1353, 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 8 ayes, 0 nay, 0 present not voting, and 1
absent.
The chair laid out HB 1114 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. Senator
Williams moved that HB 1114 be left pending to await a quorum;
without objection, it was so ordered. Upon arrival of a quorum,
Senator Duncan moved that HB 1114 do not pass but that CSHB 1114
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
Duncan moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB 617 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 617 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Ellis moved that HB 617 be reported
favorably 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.
The chair laid out HB 1614 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 1614 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Ellis moved that HB 1614 be
reported favorably 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.
Senator Duncan resumed the chair.
The chair laid out HB 1071 and recognized the Senate sponsor,
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. Senator Duncan moved that HB 1071
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Ellis moved that HB
1071 be reported favorably 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.
The chair laid out HB 831 and recognized Senator Van de Putte,
in the absence of the Senate sponsor, 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. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Duncan moved that HB 831 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Madla moved that HB 831 do not pass but that
CSHB 831 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 Williams assumed the chair.
The chair laid out HB 1690 and recognized the Senate sponsor,
Senator West, to explain the bill. Senator Madla sent up a
committee substitute; the chair recognized Senator West 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 Williams moved
that HB 1690 be left pending to await a quorum; without
objection, it was so ordered. Upon arrival of a quorum, Senator
Madla moved that HB 1690 do not pass but that CSHB 1690 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 HB 2039 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Senator Madla sent up a
committee substitute; the chair recognized Senator Wentworth 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.
Senator Duncan moved that the committee stand recessed until
after adjournment of the Senate; without objection, it was so
ordered.
At 2:15 p.m. the committee reconvened. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 2039 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Armbrister moved that HB 2039 do
not pass but that CSHB 2039 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 HB 3200 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 3200 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Armbrister moved that HB 3200 be
reported favorably 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 HB 1271 and recognized the Senate sponsor,
Senator Janek, 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 1271
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Armbrister moved
that HB 1271 be reported favorably 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 HB 1138 and recognized Senator Williams, in
the absence of the Senate sponsor, 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. 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 HB 1426 and recognized Senator Williams, 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 1426
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Armbrister moved
that HB 1426 be reported favorably 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 HB 2280 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 2280 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Fraser moved that HB 2280 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
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 2465 and recognized the Senate sponsor,
Senator Fraser, 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 2465
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Fraser moved that HB
2465 be reported favorably 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 Fraser moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out SB 1511 and recognized the author, Senator
Averitt, to explain the bill. Senator Williams sent up a
committee substitute; the chair recognized Senator Averitt 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. Upon arrival
of a quorum, Senator Williams moved that SB 1511 do not pass but
that CSSB 1511 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.
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