MINUTES
SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS
Wednesday, May 14, 1997
2:00 pm
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Intergovernmental Relations was held on Wednesday, May 14,
1997 in the Capitol Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Eddie Lucio, Jr. None
Senator Michael Galloway
Senator David Cain
Senator John Carona
Senator Mario Gallegos, Jr.
Senator Jon Lindsay
Senator Frank Madla
Senator Mike Moncrief
Senator Steve Ogden
Senator Florence Shapiro
Senator John Whitmire
*****
The Chair called the meeting to order at 2:15 pm. The
following business was transacted.
Having stood at ease, the following members arrived after the
roll was called: Senators Cain, Carona, Gallegos, Jr.,
Moncrief, Ogden, Shapiro, and Whitmire.
The chair announce that the Committee would take no action on
SB 1945 or HB 2285.
At 2:15 pm Senator Galloway assumed the chair.
The Chair laid out HB 2622 and recognized Senator Lucio, Jr.,
in the absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 2622 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Lindsay moved HB 2622 be reported back to
the senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Lindsay moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 2:17 pm Senator Lucio, Jr. resumed the chair.
The Chair laid out HB 2445 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
The Chair laid out HB 2446 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
The Chair laid out HB 883 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
Senator Gallegos, Jr. sent up a committee substitute to HB
883; the Chair recognized Senator Barrientos to explain the
difference between the committee substitute and the bill as
filed.
At 2:45 pm Senator Galloway assumed the chair.
Witnesses testifying and registering on the bills are shown on
the attached list.
The Chair moved that HB 2445, HB 2446 and HB 883 be left
pending to await a quorum; without objection it was so
ordered. Upon arrival of a quorum, Senator Gallegos, Jr. sent
up Committee Amendment 1 to HB 2446 and moved adoption. The
motion carried with a vote of 7 ayes, 1 nay, 0 present not
voting, and 3 absent.
Senator Gallegos, Jr. moved that HB 2446, as amended, be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 10
ayes, 0 nays, 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.
Senator Gallegos, Jr. moved that HB 2445 be reported favorably
to the full Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 11 ayes, 0
nays, 0 present not voting, and 0 absent.
Senator Gallegos, Jr. moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senator Carona moved that HB 883 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 absent.
The committee substitute was not moved for adoption
The Chair laid out HB 1294 and recognized the Senate sponsor,
Senator Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1294 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Galloway sent up Committee Amendment 1 and
explained the amendment. Senator Galloway withdrew Committee
Amendment 1; without objection, it was so ordered.
Senator Galloway sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Moncrief moved that HB 1294, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 11 ayes, 0
nays, 0 present not voting, and 0 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1610 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
The Chair moved that HB 1610 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 1610 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 11 ayes, 0 nays, 0 present
not voting, and 0 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 HB 826 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 826 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Madla moved HB 826 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 11 ayes, 0 nays, 0 present
not voting, and 0 absent.
Senator Madla moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1866 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Madla sent up a committee substitute; the Chair
recognized Senator Wentworth to explain the difference between
the committee substitute and the bill as filed.
Senator Madla moved to reopen public testimony; without
objection it was so ordered.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1866 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Moncrief moved adoption of the committee
substitute, without objection, it was so ordered.
Senator Moncrief moved that SB 1866 do not pass but that CSSB
1866 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 11 ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1692 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1692 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 1692 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 11 ayes, 0 nays, 0 present
not voting, and 0 absent.
Senator Galloway moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair announced that no action would be taken on HB 1561.
The Chair laid out HB 3224 and recognized the Senate sponsor,
Senator Patterson, to explain the bill.
The Chair moved that HB 3224 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Galloway moved HB 3224 be reported back to
the senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Galloway moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1881 and recognized the Senate sponsor,
Senator Madla, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1881 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Madla moved HB 1881 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 11 ayes, 0 nays, 0 present
not voting, and 0 absent.
Senator Madla moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 3:15 pm Senator Lucio, Jr. resumed the chair.
The Chair laid out HB 970 and recognized the Senate sponsor,
Senator Madla, to explain the bill.
Senator Madla sent up a committee substitute; the Chair
recognized Senator Madla to explain the difference between the
committee substitute and the bill as filed.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 970 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Madla moved adoption of the committee
substitute, without objection, it was so ordered.
Senator Madla moved that HB 970 do not pass but that CSHB 970
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 11
ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Madla moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 1028 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1028 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Galloway moved HB 1028 be reported back to
the senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 1 nay, 0
present not voting, and 0 absent.
The Chair laid out HB 2064 and recognized the Senate sponsor,
Senator Madla, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2064 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Madla moved HB 2064 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 10 ayes, 1 nay, 0 present
not voting, and 0 absent.
Senator Ogden asked for unanimous consent to be shown voting "nay" which
disqualified the bill for the Local and Uncontested Calendar.
At 3:20 pm Senator Madla assumed the chair.
The Chair laid out HB 2577 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
Senator Lucio, Jr. sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio, Jr. sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio, Jr. sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio, Jr. sent up Committee Amendment 4 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio, Jr. sent up Committee Amendment 5 and moved
adoption; without objection, the amendment was adopted.
Senator Lucio, Jr. sent up Committee Amendment 6 and moved
adoption; without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Galloway moved that HB 2577, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 11 ayes, 0
nays, 0 present not voting, and 0 absent.
The Chair laid out HB 1166 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
At 4:30 pm Senator Galloway assumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Galloway moved that HB 1166 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 3 nays, 0
present not voting, and 1 absent.
At 4:35 pm Senator Lucio, Jr. resumed the chair.
The Chair laid out HB 1012 and recognized the Senate sponsor,
Senator Duncan, to explain the bill.
Senator Moncrief moved that HB 1012 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 2982 and recognized the Senate sponsor,
Senator Duncan, to explain the bill.
Senator Moncrief moved that HB 2982 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 803 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 803 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Cain moved HB 803 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 11 ayes, 0 nays, 0 present
not voting, and 0 absent.
*Senator Carona originally voted against the bill and later asked for
unanimous consent to change his vote to "aye"; without objection, it was
so ordered.
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 HB 3566 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
The Chair moved that HB 3566 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Galloway moved HB 3566 be reported back to
the senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 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 HB 580 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill.
Senator Moncrief sent up Committee Amendment 1 and explained
the amendment.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 580 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Moncrief moved adoption of Committee Amendment
1; without objection, the amendment was adopted.
Senator Moncrief moved that HB 580, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 11 ayes, 0
nays, 0 present not voting, and 0 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1029 and recognized the Senate sponsor,
Senator Truan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1029 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Lucio, Jr. moved HB 1029 be reported back to
the senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 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 HB 2900 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2900 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Gallegos, Jr. moved HB 2900 be reported back
to the senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Gallegos, Jr. moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1243 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1243 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved HB 1243 be reported back to the
senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 11 ayes, 0 nays, 0 present
not voting, and 0 absent.
Senator Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 1540 and recognized the Senate sponsor,
Senator Whitmire, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1540 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Moncrief moved HB 1540 be reported back to
the senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Moncrief moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1161 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapiro sent up Committee Amendment 1 and moved
adoption.
Senator Shapiro moved that HB 1161, as amended, be reported
back to the Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 11 ayes, 0
nays, 0 present not voting, and 0 absent.
Senator Shapiro moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 5:02 pm Senator Madla assumed the chair.
The Chair laid out HB 2587 and recognized Senator Lucio, Jr.,
in the absence of the Senate sponsor, to explain the bill.
Senator Lucio, Jr. moved that HB 2587 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 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 HB 1310 and recognized Senator Lucio, Jr.,
in the absence of the Senate sponsor, to explain the bill.
Senator Lucio, Jr. moved that HB 1310 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 11 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Lucio, Jr. moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senator Madla moved that SB 1434 and SJR 40 be left pending;
without objection, it was so ordered.
There being no further business, at 5:35 pm Senator Galloway
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
Senator Eddie Lucio, Jr., Chair
______________________
Amy B. Kelley, Clerk