MINUTES

 

SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

Monday, May 14, 2007

10:00 a.m.

Capitol Extension Auditorium

 

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Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Intergovernmental Relations was held on Monday, May 14, 2007, in the Capitol Extension Auditorium at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Royce West

Senator Robert Nichols

Senator Mario Gallegos, Jr.

Senator Dan Patrick

Senator Jeff Wentworth

 

None

 

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The chair called the meeting to order at 10:10 a.m., the following business was transacted: 

 

The chair laid out HB 2406 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 West moved that HB 2406 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Wentworth moved that HB 2406 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Upon arrival of a quorum, Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 2045 and recognized the author, 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 West moved that SB 2045 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator West moved that SB 2045 be left pending. 

 

The chair laid out SB 2046 and recognized the author, 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 West moved that SB 2046 be left pending to await a quorum; without objection, it was so ordered.  Upon arrival of a quorum, Senator West moved that SB 2046 be left pending. 

 

The chair laid out HB 3517 and recognized Senator Estes, in the absence of the Senate sponsor, to explain the bill. 

 

Senator Nichols sent up Committee Amendment 1 and upon arrival of a quorum, moved adoption; without objection, the amendment was adopted. 

 

Senator Nichols sent up Committee Amendment 2 and upon arrival of a quorum, 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. 

 

Upon arrival of a quorum, Senator Nichols requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Nichols then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Nichols moved that HB 3517 do not pass but that CSHB 3517 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Upon arrival of a quorum, Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1141 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

Senator Wentworth sent up Committee Amendment 1 and upon arrival of a quorum, 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. 

 

Upon arrival of a quorum, Senator Wentworth requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Wentworth then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Wentworth moved that HB 1141 do not pass but that CSHB 1141 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Upon arrival of a quorum, Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1764 and recognized the Senate sponsor, Senator Wentworth, 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 West moved that HB 1764 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Wentworth moved that HB 1764 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Upon arrival of a quorum, Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3367 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, Senator Wentworth 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 West moved that HB 3367 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Wentworth moved that HB 3367 do not pass but that CSHB 3367 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Upon arrival of a quorum, Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 10:39 a.m. Senator Wentworth assumed the chair. 

 

The chair laid out HB 730 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. 

 

Senator West sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, Senator West 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 West moved that HB 730 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator West moved that HB 730 do not pass but that CSHB 730 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Upon arrival of a quorum, Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

On a matter of pending business, the chair laid out HB 1551 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. 

 

Senator West sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, Senator West moved adoption of the committee substitute; without objection, it was so ordered. 

 

There were no persons registered to testify on this bill. 

 

Senator West moved that HB 1551 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator West moved that HB 1551 do not pass but that CSHB 1551 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Upon arrival of a quorum, Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

On a matter of pending business, the chair laid out HB 1886 and recognized the Senate sponsor, Senator West, to explain the bill. 

 

Senator West sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, Senator West 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 West moved that HB 1886 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator West moved that HB 1886 do not pass but that CSHB 1886 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Upon arrival of a quorum, Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 10:50 a.m. Senator West resumed the chair. 

 

At 10:51 a.m. Senator West moved that the committee stand recessed until 30 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 5:30 p.m. the committee reconvened. 

 

The chair laid out HB 1314 and recognized the Senate sponsor, Senator Jackson, to explain the bill. 

 

Senator Nichols sent up Committee Amendment 1 and upon arrival of a quorum, moved adoption; without objection, the amendment was adopted. 

 

Senator Nichols sent up Committee Amendment 2 and upon arrival of a quorum, moved adoption; without objection, the amendment was adopted. 

 

Upon arrival of a quorum, Senator Nichols requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Nichols then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Nichols moved that HB 1314 do not pass but that CSHB 1314 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Upon arrival of a quorum, Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2591 and recognized the Senate sponsor, Senator Jackson, to explain the bill. 

 

There were no persons registered to testify on this bill.

 

Senator West moved that HB 2591 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 2591 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Upon arrival of a quorum, Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 538 and recognized the Senate sponsor, Senator Nichols, 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 West moved that HB 538 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 538 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Upon arrival of a quorum, Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 3410 and recognized Senator Nichols, in the absence of the Senate sponsor, to explain the bill. 

 

There were no persons registered to testify on this bill.

 

Senator West moved that HB 3410 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 3410 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Upon arrival of a quorum, Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:40, a quorum was established.

 

Senator Nichols moved adoption of the minutes from the previous hearing held on May 9, 2007; without objection, it was so ordered. 

 

The chair laid out SB 2055 and recognized Senator Nichols, in the absence of the author, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Nichols to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Nichols 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 Nichols requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered.  Senator Nichols then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Nichols moved that SB 2055 do not pass but that CSSB 2055 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1948 and recognized Senator Nichols, in the absence of the author, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the chair recognized Senator Nichols to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Nichols moved that SB 1948 do not pass but that CSSB 1948 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 2095 and recognized Senator Nichols, 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 Nichols moved that HB 2095 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

On a matter of pending business, the chair laid out HB 738 and Senator Nichols moved that HB 738 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent.  recognized the Senate sponsor, Senator Jackson, to explain the bill. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 1561 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 Gallegos, Jr. moved that HB 1561 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Gallegos, 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 3731 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 Gallegos, Jr. moved that HB 3731 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Gallegos, 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, at 6:10 p.m. Senator West moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

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Senator Royce West, Chair

 

 

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Tiffany White, Clerk