The House Committee on State Affairs

80th Legislature

March 12, 2007

2:00 p.m. or upon final adjourn./recess

E2.010

 

Pursuant to a notice posted and revised on March 7, 2007, and a suspension of the 5-day posting rule on March 12, 2007, to hear HB 167, HB 374, HB 459, HB 674, HB 675, HB 860, and HB 1497, the House Committee on State Affairs met in a public hearing and was called to order by the chair, Representative Swinford, at 3:54 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Swinford; Christian; Cook, Byron; Farrar; Parker; Veasey (6).

 

Absent:              Representatives Paxton; Van Arsdale; Flynn (3).

 

A quorum was present.

 

HB 32

 

The chair laid out HB 32.

 

The chair recognized Representative Berman to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

(Representative Flynn now present.)

 

(Representative Van Arsdale now present.)

 

The chair recognized Representative Berman to close on the measure.

 

The bill was left pending without objection.

 

HB 1703

 

The chair laid out HB 1703.

 

The chair recognized Representative Howard, Charlie to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Howard, Charlie to close on the measure.

 

The bill was left pending without objection.

 

HB 709

 

The chair laid out HB 709.

 

The chair recognized Representative Puente to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Puente to close on the measure.

 

The bill was left pending without objection.

 

HB 1077

 

The chair laid out HB 1077.

 

The chair recognized Representative Rose to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

The chair recognized Representative Rose to close on the measure.

 

The bill was left pending without objection.

 

HB 2012

 

The chair laid out HB 2012.

 

The chair recognized Representative Rose to explain the measure.

 

The bill was left pending without objection.

 

HB 1557

 

The chair laid out HB 1557.

 

The chair recognized Representative Gattis to explain the measure.

 

Testimony was taken.  (See attached witness list.)

 

(Representative Paxton now present.)

 

The chair recognized Representative Gattis to close on the measure.

 

The bill was left pending without objection.

 

HB 860

 

The chair laid out HB 860.

 

Representative Swinford moved that HB 860, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Christian; Cook, Byron; Farrar; Flynn; Parker; Veasey (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Van Arsdale  (1).

 

HB 374

 

The chair laid out HB 374.

 

Representative Swinford moved that HB 374, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Christian; Cook, Byron; Farrar; Flynn; Parker; Veasey (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Van Arsdale  (1).

 

HB 167

 

The chair laid out HB 167.

 

Representative Swinford moved that HB 167, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Christian; Cook, Byron; Farrar; Flynn; Parker; Veasey (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Van Arsdale  (1).

 

HB 459

 

The chair laid out HB 459.

 

Representative Swinford moved that HB 459, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Christian; Cook, Byron; Flynn; Parker (6).

 

Nays:                             None (0).

 

Present, Not Voting:     Representatives Farrar; Veasey  (2).

 

Absent:                          Representative Van Arsdale  (1).

 

HB 1497

 

The chair laid out HB 1497.

 

Representative Swinford moved that HB 1497, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Christian; Cook, Byron; Farrar; Flynn; Parker; Veasey (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Van Arsdale  (1).

 

HB 674

 

The chair laid out HB 674.

 

Representative Swinford moved that HB 674, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Christian; Cook, Byron; Farrar; Flynn; Parker; Veasey (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Van Arsdale  (1).

 

HB 675

 

The chair laid out HB 675.

 

Representative Swinford moved that HB 675, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Christian; Cook, Byron; Farrar; Flynn; Parker; Veasey (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representative Van Arsdale  (1).

 

HB 83

 

The chair laid out HB 83 as pending business.

 

(Representative Van Arsdale now present.)

 

Representative Swinford offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Flynn moved that HB 83, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Van Arsdale; Christian; Cook, Byron; Flynn; Parker (7).

 

Nays:                             None (0).

 

Present, Not Voting:     Representatives Farrar; Veasey  (2).

 

Absent:                          None  (0).

 

Statement of Vote

 

Representative Farrar added the following statement to the minutes.

 

"Although I applaud the effort to take steps towards open and transparent government, I don't believe that the actions taken within the House Committee on State Affairs work towards those goals.  Instead, I believe the proposal of requiring record votes on third reading is disingenuous when real disclosure would be to provide record votes on second reading, as is current practice.

For these reasons, I voted PNV on HB 83 and HJR 19.

 

"Most of the real action on a bill occurs during its second reading because the process for amending legislation requires only a simple majority.  On third reading, a 2/3 vote is required.  The higher hurdle makes it so that very few amendments at all are offered at that time.  Consequently, most of the debate occurs on the second reading of bills.  I feel it's important for the public to be able to access the record votes of those amendments, amendments to the amendments, and motions to table to see what the House and their state representative is really doing on a piece of legislation.  Often, these votes carry significant importance.  The ability to view these record votes provides a true level of transparency.

 

"Additionally, the ability to review second reading votes provides an opportunity to the public to provide input into the process before the final vote on legislation on third reading.  Upon second reading of a proposed bill, a constituent still has the opportunity to express support, opposition, or language to amend the bill before the final vote on third reading usually the following day.  Otherwise, just knowing the voting record of the final bill doesn't afford the public that opportunity.

 

"Finally, legislation to require posting of record votes on third reading goes against current practice.  Though the House voted in its House Rules during the first week of Session to require posting on the internet of third reading record votes, the legislative website now offers record votes on both second and third readings.  Proposed legislation should reflect current practice, since obviously the technology is already available.  My concern is that putting into statute a reduced requirement than what is current practice could allow retrogression in the future to the proposed statute requirement of only third reading vote disclosure since the House would only be legally obligated to provide for posting of third reading votes.  For all these reasons, I support legislation requiring the current practice of posting second and third reading record votes on the internet.  Anything less sells both the public and the legislative process short."

 

HJR 19

 

The chair laid out HJR 19 as pending business.

 

Representative Swinford offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Swinford moved that HJR 19, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Swinford; Paxton; Van Arsdale; Christian; Cook, Byron; Flynn; Parker; Veasey (8).

 

Nays:                             None (0).

 

Present, Not Voting:     Representative Farrar  (1).

 

Absent:                          None  (0).

 

At 6:31 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________

Rep. Swinford, Chair

 

 

________________________

Allison Scott, Clerk