MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Thursday, April 26, 2007

12:30 p.m. or upon adjournment

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 Thursday, April 26, 2007, in the Senate Chamber, Austin, Texas.

 

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MEMBERS PRESENT:
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

 

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The chair called the meeting to order at 4:45 p.m.  The following business was transacted: 

 

The chair laid out HB 862 and recognized the Senate sponsor, Senator Fraser, 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 HB 862 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1071 and recognized the Senate sponsor, Senator Fraser, 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 HB 1071 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2839 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.  The chair moved that HB 2839 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1298 and recognized the author, Senator Wentworth, to explain the bill.  Senator Duncan sent up a committee substitute; the chair recognized Senator Wentworth 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 1298 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 34 and recognized the Senate sponsor, Senator Brimer, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized to explain the difference between the committee substitute and the house bill as engrossed.  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 HB 34 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 700 and recognized the author, Senator Lucio, Jr., to explain the bill.  Senator Lucio, Jr. 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 700 be left pending; without objection, it was so ordered.

 

The chair laid out HB 770 and recognized the Senate sponsor, Senator Lucio, 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.  The chair moved that HB 770 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1180 and recognized the Senate sponsor, Senator Ellis, to explain the bill.

 

At 5:23 p.m. Senator Lucio, Jr. assumed the chair. 

 

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 HB 1180 be left pending; without objection, it was so ordered.

 

The chair laid out HB 1987 and recognized the Senate sponsor, Senator Duncan, to explain the bill.  Senator Duncan sent up a committee substitute; the chair recognized to explain the difference between the committee substitute and the house bill as engrossed.  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 HB 1987 be left pending; without objection, it was so ordered.

 

At 5:28 p.m. Senator Duncan resumed the chair. 

 

The chair laid out HB 1560 and recognized Senate Lucio, Jr. in absence of the 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.  The chair moved that HB 1560 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 354 and recognized the author, Senator Carona, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Carona 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 354 be left pending; without objection, it was so ordered.

 

Upon arrival of a quorum, the chair requested the roll call.  Senators Duncan, Carona, Ellis, Fraser, Harris, Jackson, and Lucio, Jr. were all present.  A quorum was established at 6:02 p.m.  Senators Williams and Van de Putte arrived after the roll call.

 

The chair laid out SB 1751 and recognized Senator Lucio, Jr., in the absence of the author, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the senate bill as filed.  Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 1751 do not pass but that CSSB 1751 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion failed by a record vote of 4 ayes, 3 nays, 0 present not voting, and 2 absent. 

 

The chair laid out as a matter of pending business SB 354.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona moved that SB 354 do not pass but that CSSB 354 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 nays, 0 present not voting, and 0 absent.  Senator Williams and Van de Putte requested unanimous consent to be shown voting AYE on SB 354; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 1298.  The chair moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona moved that SB 1298 do not pass but that CSSB 1298 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senators Williams and Van de Putte requested unanimous consent to be shown voting AYE on SB 1298; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 34.  Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that HB 34 do not pass but that the CSHB 34 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record of 9 ayes, O nays, 0 present not voting, and 0 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senators Williams and Van de Putte requested unanimous consent to be shown voting AYE on HB 34; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 770.  Senator Lucio, Jr. moved that HB 770 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 nays, 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 requested unanimous consent to be shown voting AYE on HB 770; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 862.  Senator Fraser moved that HB 862 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 nays, 0 present not voting, and 0 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Williams requested unanimous consent to be shown voting AYE on HB 862; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1071.  Senator Fraser 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 9 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Williams requested unanimous consent to be shown voting AYE on HB 1071; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1560.  Senator Jackson moved that HB 1560 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 nays, 0 present not voting, and 0 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Williams requested unanimous consent to be shown voting AYE on HB 1560; without objection, it was so ordered.

 

At 6:15 p.m. Senator Carona assumed the chair. 

 

The chair laid out as a matter of pending business HB 1987.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that HB 1987 do not pass but that CSHB 1987 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record of 9 ayes, 0 nays, 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 as so ordered.  Senator Williams requested unanimous consent to be shown voting AYE on HB 1987; without objection, it was so ordered.

 

At 6:16 p.m. Senator Duncan resumed the chair. 

 

The chair laid out as a matter of pending business HB 2839.  Senator Fraser moved that HB 2839 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 nays, 0 present not voting, and 0 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Williams requested unanimous consent to be shown voting AYE on HB 2839; without objection, it was so ordered.

 

The chair laid out as a matter of pending business 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 moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 972 do not pass but that CSSB 972 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.  Senator Williams requested unanimous consent to be shown voting AYE on SB 971; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 972 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 moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 972 do not pass but that CSSB 972 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 nays, 0 present not voting, and 0 absent.  Senator Williams requested unanimous consent to be shown voting AYE on SB 972; without objection, it was so ordered

 

At 6:30 p.m. Senator Carona assumed the chair. 

 

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.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1647 do not pass but that CSSB 1647 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 nays, 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.

 

At 6:35 p.m. Senator Duncan resumed the chair. 

 

The chair laid out SB 1884 and recognized the author, Senator Williams, to explain the bill.  Senator Williams moved to withdraw the previously offered substitute; without objection, it was so ordered.  Senator Williams sent up a new committee substitute; the chair recognized Senator Williams 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 moved that SB 1884 do not pass but that CSSB 1884 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 nays, 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 HB 402 and recognized Senator Harris, in absence of the Senate Sponsor, to explain the bill.   Senator Harris previously offered a committee substitute.  Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Fraser requested unanimous consent to roll the amendment into a new committee substitute; without objection, it was so ordered.  Senator Fraser then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Harris moved that HB 402 do not pass but that CSHB 402 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 nays, 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 as a matter of pending business HB 1003.  Senator Lucio, Jr. moved that HB 1003 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, 3 nays, 0 present not voting, and 1 absent.

 

The chair laid out as a matter of pending business HB 1006.  Senator Lucio, Jr. moved that HB 1006 be reported favorably 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 HB 2188 and recognized the Senate sponsor, Senator Williams, 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 house bill as engrossed.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Senator Williams moved that HB 2188 do not pass but that CSHB 2188 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 nays, 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.  

 

There was no action taken for the following bill(s):

 

SB 334

SB 922

SB 1647

 

There being no further business, at 6:53 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