MINUTES

 

SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

Wednesday, April 1, 2009

9:30 a.m.

Capitol Extension, Room E1.028

 

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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 Wednesday, April 1, 2009, in the Capitol Extension, Room E1.028, 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 9:30 a.m., the following business was transacted: 

 

At 9:31 a.m., Senator Nichols assumed the Chair. 

 

The Chair laid out SB 1450 and recognized the author, Senator West, 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. 

 

At 9:33 a.m., a quorum was established.

 

At 9:34 a.m., Senator West resumed the Chair. 

 

Senator Nichols moved adoption of the minutes from the previous hearing held on March 25, 2009; without objection, it was so ordered. 

 

At 9:35 a.m., Senator Nichols assumed the Chair. 

 

Senator West moved that SB 1450 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. 

 

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

 

The Chair laid out SB 1447 and recognized the author, Senator West, 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 1447 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, 1 nay, 0 present not voting, and 1 absent. 

 

At 9:37 a.m., Senator West resumed the Chair. 

 

The Chair laid out SB 1295 and recognized the author, Senator Hegar, to explain the bill. 

 

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

 

Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Wentworth requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator West then moved that the new committee substitute be adopted; 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 Wentworth moved that SB 1295 do not pass but that CSSB 1295 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. 

 

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 SB 1712 and recognized the author, Senator Hegar, to explain the bill. 

 

There were no witnesses registered to testify on this bill.

 

Senator Nichols moved that SB 1712 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. 

 

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 1742 and recognized the author, Senator Shapiro, to explain the bill. 

 

Senator Wentworth 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 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 Wentworth moved that SB 1742 do not pass but that CSSB 1742 be reported back 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 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 1485 and recognized the author, Senator Watson, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the Chair recognized Senator Watson 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. 

 

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 Wentworth moved that SB 1485 do not pass but that CSSB 1485 be reported back 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 1320 and recognized the author, 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 senate bill as filed.  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 Wentworth moved that SB 1320 do not pass but that CSSB 1320 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, 1 nay, 0 present not voting, and 0 absent. 

 

The Chair laid out SB 1390 and recognized the author, Senator Wentworth, to explain the bill. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 10:49 a.m., Senator West moved that the committee stand recessed until 15 minutes after adjournment of the Senate; without objection, it was so ordered. 

 

At 6:25 p.m., the committee reconvened. 

 

The Chair resumed public testimony on SB 1390.

 

The Chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator West moved that SB 1390 be left pending; without objection, it was so ordered. 

 

Senator Wentworth made a motion to reconsider the vote by which SB 1320 was passed; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 1320 do not pass but that CSSB 1320 be reported back 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 1619 and recognized the author, 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 Wentworth moved that SB 1619 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. 

 

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 SB 1478 and recognized the author, Senator Carona, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the Chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  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 Nichols moved that SB 1478 do not pass but that CSSB 1478 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. 

 

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 181 and recognized the author, Senator Gallegos, Jr., to explain the bill. 

 

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

 

Senator Gallegos, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Gallegos, Jr. requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Gallegos, Jr. then moved that the new committee substitute be adopted; 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 Gallegos, Jr. moved that SB 181 do not pass but that CSSB 181 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. 

 

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

 

At 6:54 p.m., Senator Nichols assumed the Chair. 

 

The Chair laid out SB 1205 and recognized the author, Senator West, to explain the bill. 

 

Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator West requested unanimous consent to incorporate Committee Amendment 1 into the bill as filed; without objection, it was so ordered.  Senator West then moved that a new committee substitute be adopted; 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 SB 1205 do not pass but that CSSB 1205 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. 

 

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

 

The Chair laid out SB 1449 and recognized the author, 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 senate bill as filed.  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 SB 1449 do not pass but that CSSB 1449 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. 

 

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

 

The Chair laid out SB 1448 and recognized the author, 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 senate bill as filed.  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 SB 1448 be left pending; without objection, it was so ordered. 

 

At 7:26 p.m., Senator West resumed the Chair. 

 

The Chair laid out SB 1574 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. 

 

There were no witnesses registered to testify on this bill. 

 

Senator Gallegos, Jr. moved that SB 1574 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. 

 

The Chair laid out SB 1860 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Gallegos, Jr. 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 West moved that SB 1860 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 654 and recognized Senator Gallegos, Jr., in the absence of the author, 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 SB 654 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. 

 

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

 

At 7:35 p.m., Senator Nichols assumed the Chair. 

 

Senator Gallegos moved to reconsider the vote by which SB 1447 was passed; without objection, it was so ordered. 

 

Senator West moved that SB 1447 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. 

 

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

 

At 7:39 p.m., Senator West resumed the Chair. 

 

The Chair laid out SB 1103 and recognized Senator Nichols, in the absence of the author, 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 SB 1103 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. 

 

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 1621 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. 

 

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 1621 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1638 and recognized Senator Nichols, in the absence of the author, 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 1638 be left pending; without objection, it was so ordered. 

 

Senator Wentworth requested unanimous consent to be shown voting aye on the following bills:  SB 1478, SB 181, SB 1205, SB 1449, SB 1103 and SB 1447; without objection, it was so ordered.

 

There being no further business, at 8:05 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