MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Thursday, April 16, 2009

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 20, 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 Mike Jackson Senator Eddie Lucio, Jr. Senator Leticia Van de Putte		Senator Chris Harris

 

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The chair called the meeting to order at 9:07 a.m.  The following business was transacted: 

 

The chair laid out SB 42 and recognized the author, Senator Zaffirini, 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 42 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1795 and recognized the author, Senator Zaffirini, 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 Duncan moved that SB 1795 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1807 and recognized the author, Senator Zaffirini, 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 Duncan moved that SB 1807 be left pending; without objection, it was so ordered.

 

The chair laid out SB 1808 and recognized the author, Senator Zaffirini, 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 Duncan moved that SB 1808 be left pending; without objection, it was so ordered.

 

The chair laid out SB 2242 and recognized the author, Senator Zaffirini, 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 2242 be left pending; without objection, it was so ordered.  

 

Senator Lucio, Jr. assumed the chair. 

 

The chair laid out SB 1813 and recognized the author, Senator Duncan, to explain the bill.  Senator Jackson 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 Lucio, Jr. moved that SB 1813 be left pending; without objection, it was so ordered.

 

Senator Duncan resumed the chair. 

 

The chair laid out SB 1358 and recognized the author, Senator Seliger, to explain the bill.    Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Seliger 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 1358 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1895 and recognized the author, Senator Gallegos, Jr., to explain the bill.  Senator Duncan 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.  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 1895 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 871 and recognized the author, Senator Lucio, Jr., 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.  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 871 be left pending; without objection, it was so ordered.   

 

Senator Ellis assumed the chair. 

 

The chair laid out SB 2324 and recognized the author, Senator Duncan, to explain the bill.  The chair opened public testimony.  There being no witnesses registering on the bill, the chair moved that the public testimony be closed; without objection, it was so ordered.    Senator Ellis moved that SB 2324 be left pending; without objection, it was so ordered. 

 

Senator Duncan resumed the chair. 

 

The chair laid out SB 1479 and recognized Senator Ellis, in the absence of the author, to explain the bill.  Senator Ellis sent up a committee substitute; the chair recognized Senator Ellis 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 1479 be left pending; without objection, it was so ordered.

 

At 10:45 a.m. Senator Duncan moved that the committee stand recessed until subject to the call of the chair; without objection, it was so ordered.   

 

At 6:35 p.m. the committee reconvened. 

 

The chair laid out SB 2154 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.  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 2154 be left pending; without objection, it was so ordered.  

 

The chair laid out SB 1563 and recognized the author, Senator Shapleigh, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Shapleigh 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 1563 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 350 and recognized the author, Senator Shapleigh, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Shapleigh 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 350 be left pending; without objection, it was so ordered.  

 

The chair laid out SB 2468 and recognized the author, Senator Gallegos, Jr., to explain the bill.  Senator Van de Putte 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.  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 2468 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 460 and recognized the author, Senator Gallegos, Jr., to explain the bill.  Senator Van de Putte 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.  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 460 be left pending; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 1895 and recognized the author, Senator Gallegos, Jr., to explain the bill.  Senator Duncan sent up a new committee substitute; the chair recognized Senator Gallegos, Jr. to explain the difference between the new committee substitute and the senate bill as filed.  Senator Duncan moved that SB 1895 be left pending; without objection, it was so ordered.   

 

Senator Duncan recognized Senator Fraser to give a subcommittee report on the bills heard in the Subcommittee on Health Insurance Mandates.

 

The chair laid out as a matter of pending business HB 806.  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 committee substitute be adopted; without objection, it was so ordered.  Senator Fraser moved that HB 806 do not pass but that CSHB 806 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 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 64.  Senator Fraser moved that SB 64 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.   

 

The chair laid out as a matter of pending business CSSB 331.  Senator Carona moved that SB 331 do not pass but that CSSB 331 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 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 1106.  Senator Van de Putte moved that SB 1106 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 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 1153.  Senator Van de Putte 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 Deuell moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1153 do not pass but that CSSB 1153 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 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 1200.  Senator Duncan sent up a new committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Deuell moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1200 do not pass but that CSSB 1200 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Duncan withdrew the motion to send CSSB 1200 to local and uncontested; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SJR 44 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan moved that SJR 44 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, 1 nay, 0 present not voting, and 3 absent.

 

The chair laid out as a matter of pending business SB 2226 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan moved that SB 2226 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, 1 nay, 0 present not voting, and 3 absent.

 

Senator Duncan assumed the chair. 

 

The chair laid out as a matter of pending business SB 42.  Senator Carona moved that SB 42 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.

 

The chair laid out as a matter of pending business SB 350.  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. moved that SB 350 do not pass but that CSSB 350 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 SB 871.  Senator Lucio, Jr. sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 871 do not pass but that CSSB 871 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 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 1358.  Senator Lucio, Jr. previously sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona moved that SB 1358 do not pass but that CSSB 1358 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion failed by a record vote of 3 ayes, 2 nays, 1 present not voting, and 3 absent.  Senator Lucio, being on the prevailing side of the vote, moved to reconsider the vote by which CSSB 1358 failed; there being no objection, it was so ordered.  Senator Duncan moved that SB 1358 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1479.  Senator Ellis previously sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona moved that SB 1479 do not pass but that CSSB 1479 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 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 1563.  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. moved that SB 1563 do not pass but that CSSB 1563 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 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 1795. Senator Lucio, Jr. moved that SB 1795 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.        

 

The chair laid out as a matter of pending business SB 1807.  Senator Lucio, Jr. moved that SB 1807 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. 

 

The chair laid out as a matter of pending business SB 1808.  Senator Lucio, Jr. moved that SB 1808 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.

 

Senator Deuell assumed the chair. 

 

The chair laid out as a matter of pending business SB 1813.  Senator Jackson previously sent up a committee substitute.  Senator Deuell moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1813 do not pass but that CSSB 1813 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 Lucio, Jr. 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 2154.  Senator Deuell moved that SB 2154 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. 

 

The chair laid out as a matter of pending business SB 2242.  Senator Lucio, Jr. previously sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.   Senator Deuell sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Deuell requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Duncan then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Deuell moved that SB 2242 do not pass but that CSSB 2242 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 Deuell assumed the chair. 

 

The chair laid out as a matter of pending business SB 2324.  Senator Duncan moved that SB 2324 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 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. 

 

Senator Duncan read a motion in writing by Senator Ellis requesting unanimous consent to be shown voting "Aye" on the following bills:  HB 806, SB 42, SB 64, SB 871, SB 1106, SB 1153, SB 1200, SB 1479, SB 1563, SB 1795, SB 1807, SB 1808, SB 1813, SB 2154, SB 2242, SB 2324, SB 331, and SB 350; without objection, it was so ordered.

 

Senator Deuell assumed the chair. 

 

The chair laid out SB 1747 and recognized the author, Senator Duncan, 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 1747 be left pending; without objection, it was so ordered. 

 

Senator Duncan resumed the chair. 

 

The chair laid out SB 1257 and recognized the author, Senator Averitt, to explain the bill.  Senator Deuell sent up a committee substitute; the chair recognized Senator Averitt 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 1257 be left pending; without objection, it was so ordered.

 

There being no further business, at 8:53 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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Erin Fry, Clerk