MINUTES
COMMITTEE OF THE WHOLE SENATE
Tuesday, March 10, 2009
10:00 a.m.
Senate Chamber
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Pursuant to Article XIII, Senate Rule 13.01, the Senate resolved into Committee of the Whole at 12:20 p.m., Tuesday, March 10, 2009, in the Senate Chamber for a public hearing on S.B. 362.
Pursuant to Senate Rule 13.02, Senator Robert Duncan was named Chair of the Committee of the Whole Senate.
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MEMBERS PRESENT: Lt. Governor David Dewhurst |
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MEMBERS ABSENT: |
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Senator Kip Averitt Senator John Carona Senator Wendy Davis Senator Bob Deuell Senator Robert Duncan Senator Rodney Ellis Senator Kevin Eltife Senator Craig Estes Senator Troy Fraser Senator Mario Gallegos, Jr. Senator Chris Harris Senator Glenn Hegar Senator Juan Hinojosa Senator Joan Huffman Senator Mike Jackson Senator Eddie Lucio, Jr. Senator Jane Nelson Senator Robert Nichols Senator Steve Ogden Senator Dan Patrick Senator Kel Seliger Senator Florence Shapiro Senator Eliot Shapleigh Senator Carlos Uresti Senator Leticia Van de Putte Senator Kirk Watson Senator Jeff Wentworth Senator Royce West Senator John Whitmire Senator Tommy Williams Senator Judith Zaffirini |
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None |
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Pursuant to the passage of Senate Resolution 408, Senator Robert Duncan called the Committee of the Whole Senate to order at 12:38 p.m. There being a quorum present, the following business was transacted:
Senator Duncan outlined the procedures for the Committee of the Whole Senate.
Senator West raised a point of order that Senate Rules 11.10, 11.18, and 13.04 apply to the Committee of the Whole Senate.
Senator Duncan overruled the point of order by Senator West, stating that Senate Rule 13.01 allows the Committee of the Whole Senate to resolve at any time after bills and resolutions have been called and that the passage of Senate Resolution 408 authorizes resolution into the Committee of the Whole Senate.
Senator Shapleigh requested permission to allow the introduction of documents into the record throughout the meeting. Senator Duncan ruled that documents and other related exhibits could be entered into the record.
Senator Gallegos moved to appeal the ruling of the Chair on Senator West's point of order. Senator Williams moved to table Senator Gallegos' motion. Senator Williams withdrew his motion.
At 1:25 p.m., Senator Wentworth assumed presiding duties.
The ruling of the Chair was sustained by a record vote of 19 ayes, 12 nays, 0 absent, and 1 present not voting.
At 1:47 p.m., Senator Duncan resumed presiding duties.
Senator Gallegos raised a point of order citing Senate Rule 11.19 and requested 48 hours notice to all members of the Texas Senate.
Senator Duncan overruled Sen. Gallegos' point of order.
Senator Duncan laid out SB 362 by Senator Troy Fraser and recognized the author to explain the bill.
At 2:38 p.m., Senator Duncan announced the Committee of the Whole Senate would stand at ease.
At 2:54 p.m., the Committee of the Whole Senate resumed discussion on SB 362.
At 4:34 p.m., Senator Duncan announced the Committee of the Whole Senate would stand at ease.
At 4:47 p.m., the Committee of the Whole Senate resumed discussion on SB 362.
Senator Duncan called the following persons to provide invited testimony on SB 362 by Fraser (see attached list).
At 6:43 p.m., Senator Duncan announced the Committee of the Whole Senate would stand at ease.
At 7:03 p.m., invited testimony resumed. Persons providing invited testimony are shown on the attached list.
At 9:13 p.m., Senator Duncan announced the Committee of the Whole Senate would stand at ease.
At 9:26 p.m., invited testimony resumed. Persons providing invited testimony are shown on the attached list.
At 10:34 p.m., Senator Averitt assumed the Chair.
At 10:54 p.m., Senator Duncan resumed the Chair.
At 11:58 p.m., Senator Duncan announced the Committee of the Whole Senate would stand at ease.
At 12:17 a.m. (March 11, 2009), invited testimony resumed. Persons providing invited testimony are shown on the attached list.
At 12:44 a.m., Senator Wentworth assumed the Chair.
At 12:55 a.m., Senator Duncan resumed the Chair.
At 2:25 a.m., Senator Duncan announced the Committee of the Whole Senate would stand at ease.
At 2:38 a.m., invited testimony resumed. Persons providing invited testimony are shown on the attached list.
At 4:08 a.m., Senator Carona assumed presiding duties.
At 4:13 a.m., Senator Duncan resumed presiding duties.
At 4:41 a.m., Senator Duncan announced that the Committee of the Whole Senate would stand at ease.
At 4:53 a.m., invited testimony resumed. Persons providing invited testimony are shown on the attached list.
At 4:58 a.m., Senator Wentworth assumed presiding duties.
At 5:03 a.m., Senator Duncan resumed presiding duties.
At 5:53 a.m., Senator Hegar assumed presiding duties.
At 6:04 a.m., Senator Duncan resumed presiding duties.
At 6:36 a.m., Senator Van de Putte assumed presiding duties.
At 6:39 a.m., Senator Duncan resumed presiding duties.
At 6:50 a.m., Senator Duncan announced that the Committee of the Whole Senate would stand at ease.
At 7:03 a.m., the Committee of the Whole Senate resumed and took public testimony.
Witnesses providing public testimony and registering on SB 362 by Senator Fraser are shown on the attached list.
At 9:00 a.m., the chair moved that the public testimony be closed; without objection, it was so ordered. Senator Duncan announced that the Committee of the Whole Senate would stand at ease.
At 9:12 a.m., the Committee of the Whole Senate resumed.
Senator Duncan recognized Senator Fraser for a motion.
Senator Fraser moved that SB 362 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 20 ayes, 12 nays, 0 present not voting, and 0 absent.
Senator Duncan recognized Senator Wentworth at 9:18 a.m., who moved that the Committee of the Whole Senate rise and report progress. Without objection, it was so ordered.
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Senator Robert Duncan, Chair
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Patsy Spaw, Clerk