MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Thursday, April 9, 2009

9:30 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 Thursday, April 9, 2009, in the Senate Chamber.

 

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

 

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The acting chair, Senator Ellis, called the meeting to order at 9:41 a.m.  The following business was transacted: 

 

The chair laid out SB 908 and recognized the author, Senator Williams, to explain the bill.  The chair opened public testimony. 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 Ellis moved that SB 908 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2105 and recognized the author, Senator Uresti, to explain the bill.  The chair opened public testimony.  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 Ellis moved that SB 2105 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1063 and recognized the author, Senator Watson, to explain the bill. Senator Duncan 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 opened public testimony.  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 Ellis moved that SB 1063 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 392 and recognized the author, Senator Patrick, to explain the bill.  Senator Ellis 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 opened public testimony. Witnesses testifying and registering on the bill are shown on the attached list. 

 

Senator Duncan assumed the chair.

 

The public testimony on SB 392 continued.

 

Senator Deuell assumed the chair.

 

The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Deuell moved that SB 392 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1182 and recognized the author, Senator Wentworth, to explain the bill.  The chair opened public testimony. 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 Deuell moved that SB 1182 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1628 and recognized the author, Senator Wentworth, to explain the bill.  The chair opened public testimony.  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 Deuell moved that SB 1628 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1867 and recognized the author, Senator Ellis, to explain the bill.  The chair opened public testimony.  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 Deuell moved that SB 1867 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 96 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 and explained the amendment.  Senator Van de Putte then sent up Committee Amendment 2 and explained the amendment.  The chair opened public testimony.  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 Deuell moved that SB 96 be left pending; without objection, it was so ordered.

 

The chair laid out SB 331 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.  The chair opened public testimony.  Witnesses testifying and registering on the bill are shown on the attached list.

 

Senator Duncan resumed the chair. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered.    Senator Duncan moved that SB 331 be left pending; without objection, it was so ordered.    

 

The chair laid out SB 1201 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.  The chair opened public testimony.  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 1201 be left pending; without objection, it was so ordered.   

 

The chair laid out SB 1402 and recognized Senator Van de Putte, in the absence of the author, 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.  The chair opened public testimony.  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 Duncan moved that SB 1402 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1153 and recognized Senator Van de Putte, in the absence of the author, 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.  The chair opened public testimony.  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 1153 be left pending; without objection, it was so ordered. 

 

Senator Deuell assumed the chair. 

 

The chair laid out SB 2072 and recognized the author, Senator Duncan, to explain the bill.  The chair opened public testimony.  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 Deuell moved that SB 2072 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 2074 and recognized the author, Senator Duncan, to explain the bill.  The chair opened public testimony.  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 Deuell moved that SB 2074 be left pending; without objection, it was so ordered.

 

The chair laid out SB 2038 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.  The chair opened public testimony.  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 Deuell moved that SB 2038 be left pending; without objection, it was so ordered.   

 

The chair laid out SB 2226 and SJR 44 and recognized the author, Senator Duncan, to explain the bills.  Senator Deuell moved that SB 2226 and SJR 44 be left pending; without objection, it was so ordered.    

 

Senator Duncan resumed the chair.  The clerk called the roll; a quorum was present.

 

The chair laid out as a matter of pending business SB 394.  Senator Lucio, Jr. previously sent up a committee substitute. Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. sent up Committee Amendment 1 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 394 do not pass but that CSSB 394 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 as a matter of pending business SB 551.  Senator Carona previously sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Deuell moved that SB 551 do not pass but that CSSB 551 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.  Senator Harris 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 704.  Senator Lucio, Jr. previously sent up a committee substitute; Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 704 do not pass but that CSSB 704 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 as a matter of pending business SB 1168.  Senator Van de Putte previously sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 1168 do not pass but that CSSB 1168 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, 1 nay, 0 present not voting, and 3 absent. 

 

Senator Deuell assumed the chair. 

 

The chair laid out as a matter of pending business SB 1456.  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 1456 do not pass but that CSSB 1456 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.  Senator Duncan 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 1500.  Senator Duncan moved that SB 1500 be reported favorably to the Senate with the recommendation that it do pass and be printed.  Senator Duncan withdrew his motion to report SB 1500 favorably; without objection it was so ordered.  Senator Duncan sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1500 do not pass but that CSSB 1500 be reported back to the Senate with the recommendation that it do pass and be printed.  Senator Duncan withdrew his motion to report CSSB 1500 to the full senate; without objection, it was so ordered.   Senator Duncan moved that SB 1500 do not pass but that CSSB 1500 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, 1 nay, 0 present not voting, and 3 absent. 

 

Senator Duncan resumed the chair. 

 

The chair laid out as a matter of pending business SB 1629.  The committee substitute was previously adopted.  Senator Deuell moved that SB 1629 do not pass but that CSSB 1629 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 as a matter of pending business SB 96.  Senator Van de Putte sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte previously sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Van de Putte previously sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  Senator Van de Putte requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Van de Putte then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Van de Putte moved that SB 96 do not pass but that CSSB 96 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.  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 SB 331.  Senator Carona sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 331 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 908.  Senator Deuell moved that SB 908 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 Lucio, Jr. 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 1063.  Senator Duncan sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 1063 do not pass but that CSSB 1063 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.  Senator Deuell 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 1182.  Senator Van de Putte sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. Senator Van de Putte moved that SB 1182 do not pass but that CSSB 1182 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.  Senator Deuell 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 1201.  Senator Carona sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Deuell moved that SB 1201 do not pass but that CSSB 1201 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.  Senator Deuell 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 1402.  Senator Van de Putte sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 1402 do not pass but that CSSB 1402 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 as a matter of pending business SB 1628.  Senator Deuell moved that SB 1628 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 SB 1867.  Senator Lucio, Jr. moved that SB 1867 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, 3 present not voting, and 0 absent. 

 

The chair laid out as a matter of pending business SB 1930.  Senator Van de Putte moved that SB 1930 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. 

 

Senator Deuell assumed the chair. 

 

The chair laid out as a matter of pending business SB 2038.  Senator Duncan moved that SB 2038 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 laid out as a matter of pending business SB 2072.  Senator Duncan moved that SB 2072 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

Senator Duncan, being on the prevailing side of the vote, moved to reconsider the vote by which SB 2038 was reported; without objection, it was so ordered.  Senator Duncan previously sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. Senator Duncan moved that SB 2038 do not pass but that CSSB 2038 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.  Senator Duncan 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 2074.  Senator Duncan moved that SB 2074 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Duncan resumed the chair. 

 

The chair laid out as a matter of pending business SB 2105.  Senator Deuell previously sent up a committee substitute; Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 2105 do not pass but that CSSB 2105 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. 

 

Senator Deuell assumed the chair. 

 

The chair laid out as a matter of pending business SB 2226 and SJR 44.  The chair opened public testimony.  Witnesses testifying and registering on the bills are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Deuell moved that SB 2226 and SJR 44 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1106 and recognized the author, Senator Van de Putte, to explain the bill.  The chair opened public testimony.  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 1106 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 563 and recognized Senator Deuell, in the absence of the author, to explain the bill.  The chair opened public testimony.  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 563 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1548 and recognized the author, Senator Ogden, to explain the bill.  Senator Deuell sent up a committee substitute; the chair recognized Senator Ogden to explain the difference between the committee substitute and the senate bill as filed.  The chair opened public testimony.  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. 

 

There being no further business, at 2:30 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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Erin Fry, Clerk