MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Friday, May 22, 2009

1:00 p.m. or upon adjournment

Senate Chamber

 

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Pursuant to suspension of Senate Rule 11.18, a public hearing of the Senate Committee on State Affairs was held on Friday, May 22, 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 Chris Harris Senator Mike Jackson Senator Eddie Lucio, Jr. Senator Leticia Van de Putte		Senator Troy Fraser

 

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The chair called the meeting to order at 5:40 p.m.  The following business was transacted: 

 

The chair laid out HB 1485 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  Senator Duncan sent up a committee substitute; the chair recognized Senator Averitt to explain the difference between the committee substitute and the house bill as engrossed.  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 HB 1485 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 148 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  Senator Duncan sent up Committee Amendment 1 and recognized the sponsor to explain 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 Duncan moved that HB 148 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2525 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the house bill as engrossed.  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 HB 2525 be left pending; without objection, it was so ordered.

 

The chair laid out HB 358 and recognized the Senate sponsor, 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 house bill as engrossed.  The chair opened public testimony.  There being no witnesses testifying or registering on the bill, the chair moved that the public testimony be closed; without objection, it was so ordered.   Senator Duncan moved that HB 358 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 90 and recognized the Senate sponsor, 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 house bill as engrossed.  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 HB 90 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3069 and recognized the Senate sponsor, Senator Huffman, 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 HB 3069 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2685 and recognized the Senate sponsor, Senator Nichols, 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 HB 2685 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1570 and recognized the Senate sponsor, Senator Jackson, 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 HB 1570 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 824 and recognized the Senate sponsor, Senator Ellis, to explain the bill.  Senator Ellis sent up Committee Amendment 1 and was recognized to explain 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 Duncan moved that HB 824 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2847 and recognized Senator Jackson, in the absence of the Senate sponsor, 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 HB 2847 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1720 and recognized the Senate sponsor, Senator Deuell, to explain the bill.  Senator Deuell sent up a committee substitute; the chair recognized Senator Deuell to explain the difference between the committee substitute and the house bill as engrossed.  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 HB 1720 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3445 and recognized the Senate sponsor, Senator Deuell, to explain the bill.  Senator Deuell sent up a committee substitute; the chair recognized Senator Deuell to explain the difference between the committee substitute and the house bill as engrossed.  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 HB 3445 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 4519 and recognized the Senate sponsor, Senator Deuell, 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 HB 4519 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 4560 and recognized the Senate sponsor, Senator Deuell, 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 HB 4560 be left pending; without objection, it was so ordered. 

 

Senator Deuell assumed the chair. 

 

The chair laid out HB 719 and recognized the Senate sponsor, 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 house bill as engrossed.  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 HB 719 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 1193 and recognized the Senate sponsor, 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 HB 1193 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2181 and recognized the Senate sponsor, 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 HB 2181 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 2656 and recognized the Senate sponsor, 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 house bill as engrossed.  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 HB 2656 be left pending; without objection, it was so ordered. 

 

The chair moved the committee stand at ease; without objection, it was so ordered.

 

Senator Duncan resumed the chair. 

 

The chair laid out as a matter of pending business HB 148.  Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Duncan moved that HB 148, 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 8 ayes, 0 nay, 0 present not voting, and 1 absent.   

 

The chair laid out as a matter of pending business HB 358.  Senator Van de Putte sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered.    Senator Deuell moved that HB 358 do not pass but that CSHB 358 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, 1 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business HB 719.  Senator Duncan sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that HB 719 do not pass but that CSHB 719 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business HB 824. 

 

Senator Ellis sent up Committee Amendment 1 and was recognized to explain the amendment. Senator Ellis withdrew Committee Amendment 1 from consideration; without objection, it was so ordered.  Senator Ellis moved that HB 824 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion failed by a record vote of 4 ayes, 4 nays, 0 present not voting, and 1 absent.  Senator Carona, being on the prevailing side of the vote, moved to reconsider the vote by which HB 824 failed.  The motion carried with a vote of 5 ayes and 3 nays.  Senator Ellis moved that HB 824 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, 3 nays, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business HB 1193.  Senator Deuell moved that HB 1193 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 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 HB 1720.  Senator Deuell sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered.  Senator Deuell moved that HB 1720 do not pass but that CSHB 1720 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business HB 2181.  Senator Deuell moved that HB 2181 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 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 HB 2525.  Senator Van de Putte sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered.  Senator Deuell moved that HB 2525 do not pass but that CSHB 2525 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business HB 2656.  Senator Duncan sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that HB 2656 do not pass but that CSHB 2656 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.   

 

The chair laid out as a matter of pending business HB 2685.  Senator Deuell moved that HB 2685 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent.  

 

The chair laid out as a matter of pending business HB 2847.  Senator Deuell moved that HB 2847 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 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 HB 3069.  Senator Deuell moved that HB 3069 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 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 HB 3445.Senator Deuell sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered.  Senator Deuell moved that HB 3445 do not pass but that CSHB 3445 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business HB 4560.  Senator Deuell moved that HB 4560 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 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 HB 4519 and recognized the Senate sponsor, Senator Averitt, to explain the bill.  Senator Deuell moved that HB 4519 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 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 HB 451.  Senator Lucio, Jr. moved that HB 451 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The chair laid out as a matter of pending business HB 2000.  Senator Van de Putte moved that HB 2000 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Deuell assumed the chair. 

 

The chair laid out as a matter of pending business HJR 14 and recognized the Senate sponsor, 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 house bill as engrossed.  The chair moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that HJR 14 do not pass but that CSHJR 14 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Duncan resumed the chair. 

 

There being no further business, 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