MINUTES

SENATE COMMITTEE ON STATE AFFAIRS

Monday, April 30, 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 30, 2007, in the Senate Chamber in 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 9:05 a.m.  The following business was transacted: 

 

The chair laid out HB 41 and recognized the Senate sponsor, Senator Seliger, to explain the bill.  Senator Fraser sent up a committee substitute; the chair recognized Senator Seliger to explain the difference between the committee substitute and the house bill as engrossed.  Senator Duncan sent up Committee Amendment 1 to HB 41.  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 41 be left pending to await a quorum; without objection, it was so ordered. 

 

The chair laid out SB 1143 and recognized the author, Senator Deuell, to explain the bill.  Senator Fraser sent up a committee substitute; the chair recognized Senator Deuell 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 1143 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 991 and recognized the Senate sponsor, Senator Deuell, 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 991 be left pending; without objection, it was so ordered.

 

The chair laid out SB 2040 and recognized the author, Senator Jackson, to explain the bill.  Senator Jackson sent up a committee substitute; the chair recognized Senator Jackson to explain the difference between the committee substitute and the senate bill as filed.

 

At 9:53 a.m. Senator Fraser assumed the chair. 

 

At 9:54 a.m. Senator Duncan resumed the chair. 

 

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 2040 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 218 and recognized the Senate sponsor, Senator Fraser, to explain the bill. Senator Fraser sent up a committee substitute; the chair recognized Senator Fraser 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.

 

Upon arrival of a quorum, the chair requested the roll call.  Senators Duncan, Ellis, Fraser, Lucio, Jr., and Van de Putte were all present. A quorum was established at 11:19 a.m.   Senators Williams and Carona arrived after the roll call.

 

The chair moved that the public testimony be closed; without objection, it was so ordered.  The chair moved that HB 218 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2004 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.  Senator Duncan sent up Committee Amendment 1. The chair moved that HB 2004 be left pending; without objection, it was so ordered. 

 

The chair laid out HJR 59 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the house bill as engrossed. With no witnesses registering the chair moved public testimony be closed; without objection, it was so ordered. The chair moved that HJR 59 be left pending; without objection, it was so ordered. 

 

At 1:00 p.m. the chair moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. 

 

At 6:49 p.m. the committee reconvened. 

 

The chair laid out SB 2037 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.  Senator Williams moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses registering on the bill are shown on the attached list.  The chair moved public testimony be closed; without objection, it was so ordered.  The chair moved that SB 2037 be left pending; without objection, it was so ordered. 

 

At 6:55 p.m. Senator Williams assumed the chair. 

 

The chair laid out SB 1613 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 1613 be left pending; without objection, it was so ordered. 

 

At 7:02 p.m. Senator Duncan resumed the chair.   

 

Upon arrival of a quorum, the chair requested the roll call.  Senators Duncan, Williams, Fraser, Harris, Jackson, and Van de Putte were all present.  A quorum was established at 7:02 p.m.  Senators Carona, Ellis, and Lucio, Jr., arrived after the roll call. 

 

At 7:03 p.m. Senator Williams assumed the chair. 

 

The chair laid out as a matter of pending business SB 1613.  Senator Duncan moved that SB 1613 do not pass but that CSSB 1613 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.  Senators Carona, Ellis, and Lucio, Jr., requested unanimous consent to be shown voting AYE on SB 1613; without objection, it was so ordered.

 

At 7:04 p.m. Senator Duncan resumed the chair. 

 

The chair laid out as a matter of pending business SB 2037.  Senator Williams moved that SB 2037 do not pass but that CSSB 2037 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.  Senators Carona and Lucio, Jr. requested unanimous consent to be shown voting AYE on SB 2037; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 2040.  Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered.  Senator Jackson moved that SB 2040 do not pass but that CSSB 2040 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 Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   Senators Carona and Lucio, Jr., requested unanimous consent to be shown voting AYE on SB 2040; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 41.  The chair moved adoption of Committee Amendment 1 to HB 41; without objection, it was so ordered.  Senator Fraser requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Fraser then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Fraser moved that HB 41 do not pass but that CSHB 41 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 Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senators Carona and Lucio, Jr., requested unanimous consent to be shown voting AYE on HB 41; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 218.  Senator Fraser withdrew the previously offered substitute.  Senator Fraser sent up a new committee substitute; the chair recognized Senator Fraser to explain the difference between the committee substitute and the senate bill as filed.  Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered.   Senator Fraser moved that HB 218 do not pass but that CSHB 218 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, 3 nays, 0 present not voting, and 0 absent.   Senator Lucio, Jr., requested unanimous consent to be show voting NAY on HB 218; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 991.  Senator Williams moved that HB 991 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, 2 nays, 0 present not voting, and 0 absent.  Senator Lucio, Jr. requested unanimous consent to be shown voting AYE on HB 991; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 2004.

 

 At 7:13 p.m. Senator Williams assumed the chair. 

 

Senator Duncan moved adoption of Committee Amendment 1 to HB 2004; without objection, it was so ordered. Senator Lucio, Jr., sent up Committee Amendment 2 to HB 2004.  Senator Duncan moved that HB 2004 be left pending; without objection, it was so ordered. 

 

At 7:16 p.m. Senator Duncan resumed the chair. 

 

The chair laid out as a matter of pending business SB 700 and recognized the author, Senator Lucio, Jr., to explain the bill.  Senator Lucio, Jr., withdrew previously offered Committee Amendment 1 to SB 700.  Senator Lucio, Jr. sent up Committee Amendment 2 to SB 700 and moved adoption; without objection, the amendment was adopted.  Senator Lucio, Jr. requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 700 do not pass but that CSSB 700 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. 

 

The chair laid out as a matter of pending business SB 730 and recognized the author, Senator Carona, to explain the bill.  SB 730 had previously been heard in Subcommittee and reported back to the full Committee with the recommendation that it do pass.  Senator Carona moved that SB 700 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 Carona 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 922.  Senator Lucio, Jr., moved adoption of the previously offered committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 922 do not pass but that CSSB 922 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. 

 

The chair laid out as a matter of pending business HB 2004.  Senator Lucio, Jr. withdrew Committee Amendment 2 to HB 2004.  Senator Lucio, Jr. requested unanimous consent to roll Committee Amendment 1 to HB 2004 into a committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Lucio, Jr. moved that HB 2004 do not pass but that CSHB 2004 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. 

 

The chair laid out HB 1602 and recognized the Senate sponsor, Senator Fraser, to explain the bill.  Senator Fraser sent up a committee substitute; the chair recognized Senator Fraser 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. 

 

During witness testimony Senators Carona and Jackson assumed the chair temporarily for Senator Duncan. 

 

The chair moved that HB 1602 be left pending; without objection, it was so ordered. 

 

There being no further business, at 10:21 p.m. the chair 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