MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Monday, April 16, 2007

9:00 a.m.

Senate Chamber

 

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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, April 16, 2007, in the Senate Chamber at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Robert Duncan

Senator Tommy Williams

Senator John Carona

Senator Rodney Ellis

Senator Troy Fraser

Senator Chris Harris

Senator Mike Jackson

Senator Eddie Lucio, Jr.

Senator Leticia Van de Putte

 

None

 

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The chair called the meeting to order at 9:20 a.m.  The following business was transacted: 

 

The chair laid out SB 1626 and recognized the author, Senator Watson, to explain the bill.  Senator Jackson sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the senate bill as filed.  The chair moved that SB 1626 be left pending the arrival of a quorum; without objection, it was so ordered. 

 

The chair laid out SB 1195 and recognized the author, Senator Patrick, to explain the bill.  Senator Jackson sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  The chair moved that SB 1195 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1197 and recognized the author, Senator Patrick, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate 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 chair moved that SB 1197 be left pending; without objection, it was so ordered.

 

The chair laid out SB 1194 and recognized the author, Senator Patrick, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  The chair moved that SB 1194 be left pending; without objection, it was so ordered.

 

The chair laid out SB 1751 and recognized the author, Senator West, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 10:20 a.m. Senator Van de Putte assumed the chair. 

 

The chair moved that the public testimony on SB 1751 be closed; without objection, it was so ordered.  The chair moved that SB 1751 be left pending; without objection, it was so ordered.

 

At 10:31 a.m. Senator Duncan resumed the chair. 

 

The chair laid out SB 971 and recognized the author, Senator Van de Putte, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate bill as filed.  Senator Van de Putte 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.  The chair moved that SB 971 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 601 and SB 602 and recognized the author, Senator Van de Putte, to explain the bills.  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 chair moved that SB 601 and 602 be left pending; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Duncan requested the roll call.  Senators Duncan, Carona, Ellis, Harris, and Van de Putte were all present.  Senators Williams, Jackson, and Lucio arrived after the roll call.  A quorum was established at 11:05 a.m.

 

At 11:55 a.m. Senator Williams assumed the chair. 

 

The chair laid out SB 1776 and recognized the author, 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 senate bill as filed.  Senator Duncan 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.  The chair moved that SB 1776 be left pending the arrival of a quorum; without objection, it was so ordered.

 

At 12:08 p.m. Senator Duncan resumed the chair. 

 

The chair laid out SB 361 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 senate 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 chair moved that SB 361 be left pending the arrival of a quorum; without objection, it was so ordered.

 

The chair laid out SB 1464 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 senate bill as filed.  Witnesses 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 chair moved that SB 1464 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 1434 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 senate 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 chair moved that SB 1434 be left pending temporarily; without objection, it was so ordered.

 

At 12:34 p.m. Senator Duncan moved that the committee stand recessed until subject call of the chair; without objection, it was so ordered. 

 

At 6:06 p.m. Senator Duncan reconvened the committee.

 

The chair laid out SB 134 and recognized the author, Senator Wentworth, to explain the bill.  Witnesses 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 chair moved that SB 134 be left pending; without objection, it was so ordered. 

 

At 6:12 p.m. Senator Williams assumed the chair. 

 

The chair laid out SB 836 and recognized the author, 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 senate bill as filed.  Senator Duncan 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.  The chair moved that SB 836 be left pending temporarily; without objection, it was so ordered.

 

The chair laid out SB 1646 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan sent up Committee Amendment 1.  Witnesses 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 chair moved that SB 1646 be left pending temporarily; without objection, it was so ordered. 

 

The chair laid out SB 1647 and recognized the author, 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 senate 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.  Senator Duncan moved that SB 1647 be left pending; without objection, it was so ordered. 

 

At 7:05 p.m. Senator Duncan resumed the chair. 

 

Upon arrival of a quorum, the chair requested the roll call.  Senators Duncan, Williams, Harris, Lucio, and Harris were all present.  A quorum was established at 7:10 p.m. 

The following members arrived after the roll was called:  Senators Ellis, Fraser, and Jackson  

 

The chair laid out as pending business SB 785 and recognized the author, Senator Shapiro, to explain the bill.  Senator Williams sent up a committee substitute; the chair recognized Senator Shapiro to explain the difference between the committee substitute and the senate bill as filed.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Senator Williams sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Williams requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Williams then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 785 do not pass but that CSSB 785 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, 1 nay, 0 present not voting, and 1 absent.  Senators Carona and Jackson requested unanimous consent to be shown voting aye on SB 785.

 

The chair laid out SB 1204 and recognized the author, Senator Duncan, to explain the bill.  Witnesses testifying and registering on the bill are shown on the attached list.  The chair requested that public testimony be left open.  The chair then moved that SB 1204 be withdrawn from consideration and be left pending; without objection, it was so ordered.

 

The chair laid out SB 1102 and recognized the author, 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 senate bill as filed.  Senator Duncan moved that SB 1102 be left pending; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 361.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Senator Williams moved that SB 361 do not pass but that CSSB 361 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. 

 

The chair laid out as a matter of pending business SB 836.  Senator Duncan moved adoption of Committee Amendment 1 to SB 836; without objection, the amendment was adopted.  Senator Duncan requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered.  Senator Duncan then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Duncan moved that SB 836 do not pass but that CSSB 836 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, 1 nay, 1 present not voting, and 0 absent. 

 

The chair laid out as a matter of pending business SB 1434.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Senator Williams moved that SB 1434 do not pass but that CSSB 1434 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 Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1464.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered. Senator Williams moved that SB 1464 do not pass but that CSSB 1464 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, 1 nay, 2 present not voting, and 0 absent

 

The chair laid out as a matter of pending business SB 1626 by Watson.  Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Jackson moved that SB 1626 do not pass but that CSSB 1626 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, 1 present not voting, and 0 absent. 

 

The chair laid out as pending business SB 1646.  Senator Duncan moved adoption of Committee Amendment 1 to SB 1646; without objection, the amendment was adopted. Senator Duncan requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Duncan then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Duncan moved that SB 1646 do not pass but that CSSB 1646 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.    

 

The chair laid out as a matter of pending business SB 1776.  Senator Duncan moved that SB 1776 do not pass but that CSSB 1776 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair announced that the following bill be referred to a sub-committee which consists of Senator Ellis, chair, Senators Carona and Van de Putte; SB 1330.

 

The chair announced that the following bills be referred to a sub-committee which consists of Senator Carona, chair, Senators Ellis, Fraser, Jackson, and Lucio; SB 1359 and SJR 45.

 

There being no further business, at 8:11 p.m. 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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Anna Beth White, Clerk