MINUTES

SENATE COMMITTEE ON STATE AFFAIRS

Thursday, May 17, 2007

3:45 p.m. or upon adjournment

Senate Chamber

 

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Pursuant to a notice posted in accordance with Senate Rule 11.18 and suspension of Senate Rules 11.10 and 11.18, a public hearing of the Senate Committee on State Affairs was held on Thursday, May 17, 2007, in the Senate Chamber in Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Robert Duncan Senator Tommy Williams Senator Rodney Ellis Senator Troy Fraser Senator Chris Harris Senator Mike Jackson Senator Eddie Lucio, Jr. Senator Leticia Van de Putte		Senator John Carona

 

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The chair called the meeting to order at 6:35 p.m.  The following business was transacted: 

 

The chair laid out HJR 39 and recognized the Senate sponsor, Senator Ellis, 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 the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1146 and recognized the Senate sponsor, Senator Janek, to explain the bill.  Senator Ellis 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 the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3723 and recognized the Senate sponsor, Senator Janek, 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 the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2667 and recognized the Senate sponsor, Senator Deuell, to explain the bill.  The chair 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 the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1849 and recognized the Senate sponsor, Senator Brimer, 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 the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2451 and recognized Senator Ellis, in the absence of the Senate sponsor, to explain the bill. 

 

At 7:08 p.m. Senator Lucio, Jr. assumed the chair. 

 

Senator Ellis sent up Committee Amendment 1 to HB 2451.  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 the bill be left pending; without objection, it was so ordered.

 

The chair laid out HCR 35 and recognized the Senate sponsor, Senator Ellis, 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 the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2926 and recognized the Senate sponsor, Senator Ellis, to explain the bill.  The chair moved that the public testimony be opened and closed; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 2250 and recognized Senator Ellis, 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.  The chair moved that the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 2564 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  Senator Lucio, Jr. sent up Committee Amendment 1. Senator Lucio, Jr. sent up Committee Amendment 2.  Senator Lucio, Jr. sent up Committee Amendment 3.  Senator Wentworth explained the amendments.  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 the bill be left pending; without objection, it was so ordered.

 

At 7:27 p.m. Senator Williams assumed the chair. 

 

The chair laid out HB 2701 and recognized the Senate sponsor, Senator Ellis, 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 2701 be left pending; without objection, it was so ordered.

 

At 7:30 p.m. Senator Lucio, Jr. assumed the chair. 

 

The chair laid out HB 626 and recognized the Senate sponsor, Senator Williams, 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 the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 860 and recognized the Senate sponsor, Senator Williams, to explain the bill.  Senator Williams sent up Committee Amendment 1 to HB 860.   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 the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3470 and recognized the Senate sponsor, Senator Williams, to explain the bill.  The chair moved that the public testimony be opened and closed; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 89 and recognized Senator Lucio, Jr., in the absence of the Senate sponsor, to explain the bill.  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 the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 2117 and recognized Senator Lucio, Jr., in the absence of the Senate sponsor, to explain the bill.

 

At 7:56 p.m. Senator Duncan resumed the chair. 

 

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

 

At 7:58 p.m. Senator Lucio, Jr. assumed the chair. 

 

The chair laid out HB 2190 and recognized the Senate sponsor, Senator Duncan, to explain the bill.  The chair moved that the public testimony be opened and closed; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered. 

 

At 8:00 p.m. Senator Van de Putte assumed the chair. 

 

The chair laid out HCR 187 and recognized the Senate sponsor, Senator Duncan, 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 the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 2358 and recognized the Senate sponsor, Senator Duncan, to explain the bill.  The chair moved that the public testimony be opened and closed; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered. 

 

The chair laid out HB 343 and in the absence of the Senate sponsor explained 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 the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 1381 and in absence of the Senate sponsor explained the bill.  The chair moved that the public testimony be opened and closed; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 1613 and, in the absence of the Senate sponsor explained 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 1613 be left pending; without objection, it was so ordered.  

 

The chair laid out HB 473 and, in the absence of the Senate sponsor, explained the bill.  The chair sent up a committee substitute; and explained the difference between the committee substitute and the house bill as engrossed. Witnesses testifying and registering 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 the bill be left pending; without objection, it was so ordered

 

The chair laid out HB 1183 and, in the absence of the Senate sponsor, explained the bill.  The chair moved that the public testimony be opened and closed; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 1495 and, in the absence of the Senate sponsor, explained the bill.  The chair moved that the public testimony be opened and closed; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered.

 

At 8:50 p.m. Senator Van de Putte moved that the committee stand recessed until 9:15 p.m.; without objection, it was so ordered. 

 

At 10:10 p.m. Senator Ellis, the acting chair, reconvened the meeting.

 

Upon arrival of a quorum, the chair requested the roll call.  Senators Ellis, Fraser, Harris, Lucio, Jr., and Van de Putte were all present.  A quorum was established at 10:10 p.m.  Senators Williams and Jackson arrived after the roll was called.

 

The chair laid out as a matter of pending business HB 89.   Senator Fraser moved that HB 89 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, 0 nays, 0 present not voting, and 3 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 89; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 343.  Senator Fraser moved that HB 343 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, 0 nays, 0 present not voting, and 3 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 343; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 473.  Senator Van de Putte moved adoption of the committee substitute; without objection, it was so ordered.  The chair moved that the bill be left pending; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 860.  Senator Fraser moved adoption of Committee Amendment 1 to HB 860.  Senator Fraser moved that HB 860 be reported as amended to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 6 ayes, 0 nays, 0 present not voting, and 3 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 860; without objection, it was so ordered.  

 

The chair laid out as a matter of pending business HB 1146.   The chair moved adoption of Committee Amendment 1; without objection, it was so ordered.  The chair sent up Committee Amendment 2.  The chair moved adoption of Committee Amendment 2; without objection, it was so ordered.  Senator Fraser moved that HB 1146, as amended, 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, 0 nay, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 1146; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 1183.  Senator Fraser moved that HB 1183 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, 0 nay, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 1183; without objection, it was so ordered

 

The chair laid out as a matter of pending business HB 1381.  Senator Fraser moved that HB 1381 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, 0 nays, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 1381; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 1849.  Senator Fraser moved that HB 1849 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, 0 nay, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 1849; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 2117.  Senator Harris moved that HB 2117 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, 0 nay, 0 present not voting, and 2 absent.  Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 2117; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2190.  Senator Fraser moved that HB 2190 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, 0 nay, 0 present not voting, and 2 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 2190; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 2358.  Senator Fraser moved that HB 2358 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, 0 nay, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 2358; without objection, it was so ordered

 

The chair laid out as a matter of pending business HB 2564.  Senator Lucio, Jr.  moved to withdraw Committee Amendment 1; without objection, it was so ordered.  Senator Lucio, Jr. sent up Committee Amendment 3.  Senator Lucio, Jr. moved adoption of Committee Amendment 3; without objection, it was so ordered. Senator Lucio, Jr.  moved adoption of Committee Amendment 2; without objection, it was so ordered.  Senator Lucio, Jr. moved that HB 2564, as amended, 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, 0 present not voting, and 2 absent.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 2564; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 2667.  The chair moved adoption of Committee Amendment 1; without objection, it was so ordered.  Senator Van de Putte moved that HB 2667, as amended, 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, 0 nay, 0 present not voting, and 2 absent.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 2667; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 2926.  The chair moved that HB 2926 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, 0 nays, 0 present not voting, and 2 absent.  The chair moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 2926; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 3470.  Senator Jackson moved that HB 3470 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, 0 nays, 0 present not voting, and 2 absent.  Senator Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 3470; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 3723.  Senator Fraser moved that HB 3723 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, 0 nay, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 3723; without objection, it was so ordered

 

The chair laid out as a matter of pending business HCR 187.  Senator Fraser moved that HCR 187 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, 0 nays, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HCR 187; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HJR 39.  Senator Van de Putte moved that HJR 39 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, 0 nay, 0 present not voting, and 3 absent.  Senator Van de Putte 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 2701.  Senator Lucio, Jr. moved that HB 2701 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, 0 nay, 0 present not voting, and 2 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 2701; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business HB 945.  Senator Fraser sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the house bill as engrossed.  Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that HB 945 do not pass but that CSHB 945 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, 0 nay, 0 present not voting, and 3 absent. 

 

The chair laid out HB 2006 as a matter of pending business and recognized the Senate sponsor, Senator Janek, to explain the bill.  Senator Fraser sent up Committee Amendment 1.  Senator Janek explained the amendment.  Senator Fraser moved adoption; without objection, Committee Amendment 1 was adopted.  Senator Fraser sent up Committee Amendment 2.  Senator Janek explained the amendment.  Senator Fraser moved adoption of Committee Amendment 2; without objection, the amendment was adopted.  Senator Van de Putte sent up Committee Amendment 3.  Senator Janek explained the amendment.  The chair withdrew Committee Amendment 3.  The chair moved that HB 2006, as amended, 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, 0 nay, 0 present not voting, and 2 absent. 

 

The chair laid out as a matter of pending business HB 3057 and recognized the Senate sponsor, Senator Janek, to explain the bill. The chair moved that the bill be left pending; without objection, it was so ordered.

 

The chair laid out as a matter of pending business HB 3143.  The chair moved that HB 3143 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, 0 nay, 0 present not voting, and 3 absent.  The chair moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Van de Putte requested unanimous consent to be shown voting AYE on HB 3143; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 674 and recognized Senator Ellis, in the absence of the author, to explain the bill.  Senator Fraser sent up a committee substitute; the chair explained 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 sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.   Senator Fraser requested unanimous consent to roll the amendments into a 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 Fraser moved that SB 674 do not pass but that CSSB 674 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, 0 nay, 0 present not voting, and 2 absent.  Having been present when a quorum was established Senators Williams and Van de Putte requested unanimous consent to be shown voting AYE on SB 674; without objection, it was so ordered.

 

The chair laid out HB 2365 and recognized Senator Fraser, in the absence of the Senate sponsor, to explain the bill.  Senator Fraser sent up a committee substitute; the chair recognized to explain the difference between the committee substitute and the house bill as engrossed.  Senator Fraser moved adoption of the committee substitute; without objection, it was so ordered.  Senator Fraser moved that HB 2365 do not pass but that CSHB 2365 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, 0 nay, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senators Williams and Van de Putte requested unanimous consent to be shown voting AYE on HB 2365; without objection, it was so ordered.

 

The chair laid out HJR 30 and recognized the Senate sponsor, Senator Janek, 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.  Senator Fraser moved that HJR 30 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, 0 nay, 0 present not voting, and 2 absent.

Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senators Williams and Van de Putte requested unanimous consent to be shown voting AYE on HJR 30; without objection, it was so ordered   

 

The chair brought back up  pending business HB 3057.  The chair moved that HB 3057 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, 0 nay, 0 present not voting, and 2 absent.  Senator Fraser moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Having been present when a quorum was established Senator Williams requested unanimous consent to be shown voting AYE on HB 3057; without objection, it was so ordered. 

 

The chair laid out HB 1919 and recognized Senator Lucio, Jr., 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.  The chair moved that the bill be left pending; without objection, it was so ordered.

 

The chair laid out HB 2823 and recognized Senator Ellis, in the absence of the Senate sponsor, 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 the bill be left pending; without objection, it was so ordered.

 

There being no further business, at 11:50 p.m. Senator Ellis, the acting chair, moved that the Committee stand recessed subject to the call of the chair.

 

 

 

 

 

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Senator Robert Duncan, Chair

 

 

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Anna Beth White, Clerk