MINUTES
         
                        SENATE COMMITTEE ON STATE AFFAIRS
                            Thursday, March 13, 1997
                                     1:30 pm
                                 Senate Chamber
         
                                      *****
         
         
         
         Pursuant to a notice posted in accordance with Senate Rule 
         11.11, a public hearing of the Senate Committee on State 
         Affairs was held on Thursday, March 13, 1997 in the Senate 
         Chamber at Austin, Texas.  
         
                                      *****
         
         MEMBERS PRESENT:                        MEMBERS ABSENT:
         Senator Kenneth Armbrister              None
         Senator Drew Nixon
         Senator David Cain
         Senator John Carona
         Senator Rodney Ellis
         Senator Troy Fraser
         Senator Mario Gallegos, Jr.
         Senator Michael Galloway
         Senator Jon Lindsay
         Senator Gregory Luna
         Senator Jane Nelson
         Senator Florence Shapiro
         Senator John Whitmire
         
                                      *****
         
         The Chair called the meeting to order at 1:40 pm.  There being 
         a quorum present, the following business was transacted.  
         
         The following members arrived after the roll was called:  
         none.
         
         The Chair laid out SB 259 and recognized the author, Senator 
         Moncrief, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.  
         
         Senator Nixon sent up a committee substitute; the Chair 
         recognized Senator Moncrief to explain the difference between 
         the committee substitute and the bill as filed.  
         
         Senator Nixon sent up Committee Amendment  1 and moved 
         adoption; without objection, the amendment was adopted.  
         Senator Nixon sent up Committee Amendment 2 and moved 
         adoption; without objection, the amendment was adopted.  There 
         being no objection, the motion prevailed.
         
         Senator Fraser offered Committee Amendment 3 and moved 
         adoption of the amendment.  There was objection to the 
         adoption of the amendment.  The motion failed with the 
         following record vote.
         
         The motion failed by a vote of 5 ayes, 5 nays, 1 present not 
         voting, and 2 absent.  
         
         Senator Nixon requested unanimous consent to incorporate 
         amendments into the committee substitute.  Senator Nixon then 
         moved that the new committee substitute be adopted.  There 
         being  no objection, the  motion prevailed.
         
         Senator Carona moved that SB 259 do not pass but that CSSB 259 
         be reported back to the Senate with the recommendation that it 
 
         





         do pass and be printed.  There being objection, the motion 
         carried with a vote of 9 ayes, 1 nay, 1 present not voting, 
         and 2 absent.  
         
         Senators Nelson and Shapiro requested unanimous consent to be 
         shown voting aye on CSSB 259.  There being no objection, the 
         motion prevailed.
         
         The Chair laid out SB 665 and recognized the author, Senator 
         Haywood, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Shapiro sent up CSSB 665 and moved adoption.  Without 
         objection, the committee substitute was adopted.
         
         There was no vote taken on CSSB 665 pending a new fiscal note.
         
         The Chair laid out SCR 32 and recognized the author, Senator 
         Haywood, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
          Senator Ellis moved that SCR 32 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 3 absent.  
         
         Senator Ellis requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         Senators Gallegos, Nelson and Shapiro requested unanimous 
         consent to be shown voting aye on SCR 32.  There being no 
         objection, the motion prevailed.
         
         The Chair laid out SB 454 and recognized the author, Senator 
         Duncan, to explain the bill.    
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Nixon moved that SB 454 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 3 absent.
         
         Senators Gallegos, Nelson and Shapiro requested unanimous 
         consent to be shown voting aye on SB 454.  There being no 
         objection, the motion prevailed.  
         
         Senator Fraser requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.  
         
         The Chair laid out SB 721 and recognized the author, Senator 
         Duncan, to explain the bill.  
         
         Senator Carona sent up CSSB 721 and moved adoption, without 
         objection, the committee substitute was adopted.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Fraser moved that SB 721 do not pass but that CSSB 721 
         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 2 absent.    
         
 
         





         Senators Nelson and Shapiro requested unanimous consent to be 
         shown voting aye on CSSB 721.  There being no objection, the 
         motion prevailed.
         
         The Chair laid out SB 944 and recognized the author, Senator 
         Whitmire, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Whitmire sent up Committee Amendment 1 and moved 
         adoption; without objection, the amendment was adopted.
         
         Senator Whitmire sent up Committee Amendment 2 and moved 
         adoption; without objection, the amendment was adopted.
         
         Senator Nixon offered Committee Amendment 3 and moved 
         adoption.  There was objection to the adoption of the 
         amendment.  The motion failed with the following record vote.
         
         The motion failed by a vote of 1 aye, 9 nays, 0 present not 
         voting, and 3 absent.  
         
         Senator Nixon offered Committee Amendment 4 and  moved 
         adoption.  There was objection to the  adoption of the 
         amendment.  The motion failed with the following record vote.
         
         The motion failed by a vote of 3 ayes, 7 nays, 0 present not 
         voting, and 3 absent.  
         
         Senator Nixon offered Committee Amendment 5 and moved 
         adoption.  There was objection to the adoption of the 
         amendment.  The motion failed with the following record vote.
         
         The motion failed by a vote of 3 ayes, 7 nays, 0 present not 
         voting, and 3 absent.  
         
         Senator Whitmire moved that SB 944 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 3 absent.  
         
         Senators Nelson and Shapiro requested unanimous consent to be 
         shown voting nay on SB 944.  There being no objection, the 
         motion prevailed.
         
         Senator Fraser requested unanimous consent to be shown voting 
         aye on SB 944.  There being no objection, the motion 
         prevailed.
         
         The Chair laid out SB 935 and recognized the author, Senator 
         Madla, to explain the bill.  
         
         Senator Luna sent up CSSB 935 and moved adoption, without 
         objection, the committee substitute was adopted.
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         At 6:45 pm Senator Nixon assumed the chair.  
         
         At 6:50 pm Senator Armbrister resumed the chair.  
         
         Senator Whitmire moved that SB 935 do not pass but that CSSB 
         935 be reported back to the Senate with the recommendation 
         that it do pass and be printed.  There being objection, the 
         motion carried with a vote of 8 ayes, 2 nays, 0 present not 
         voting, and 3 absent.   
         
         Senators Fraser and Nelson requested unanimous consent to be 
         shown voting nay on CSSB 935.  There being no objection, the 
         motion prevailed.
 
         





         
         The Chair laid out SB 513 and recognized the author, Senator 
         Madla, to explain the bill.  
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Cain moved that SB 513 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 3 absent.  
         
         Senators Nelson and Shapiro requested unanimous consent to be 
         shown voting aye on SB 513.  There being no objection, the 
         motion prevailed.
         
         The Chair brought up CSSB 509 from pending business. 
         
         Senator Nixon moved that CSSB 509 be reported favorably to the 
         full Senate with the recommendation that it do pass and be 
         printed.  The motion carried with a vote of 8 ayes, 0 nays, 0 
         present not voting, and 5 absent.  
         
         Senators Ellis, Fraser, Lindsay, Nelson and Shapiro requested 
         unanimous consent to be shown voting aye on SB 509.  There 
         being no objection, the motion prevailed.
         
         Senator Nixon requested unanimous consent to certify the bill 
         for Local & Uncontested Calendar; without objection, it was so 
         ordered.    
         
         At 7:05 pm Senator Nixon assumed the chair.  
         
         The Chair laid out SB 681 and recognized Senator Armbrister to 
         explain the bill.  
         
         Senator Armbrister sent up CSSB 681.
         
         Senator Armbrister sent up Committee Amendment 1 and moved 
         adoption; without objection, the  amendment was adopted.
         
         Senator Cain sent up Committee Amendment 2 and moved adoption; 
         without objection, the amendment was adopted.
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Armbrister requested unanimous consent to incorporate 
         amendments into the committee substitute and without 
         objection, the motion prevailed.  Senator Armbrister then 
         moved that the new committee substitute be adopted and without 
         objection, the motion prevailed.  Senator Armbrister moved 
         that SB 681 do not pass but that CSSB 681 be reported back to 
         the Senate with the recommendation that it do pass and be 
         printed.  
         
         The motion carried with a vote of 7 ayes, 0 nays, 0 present 
         not voting, and 5 absent.  Senators Fraser, Nelson and Shapiro 
         requested unanimous consent to be shown voting aye on CSSB 
         681.  There being no objection, the motion prevailed.
         
         At 7:40 pm Senator Armbrister resumed the chair.  
         
         The Chair brought up CSSB 214 and CSSJR 14 from pending 
         business.
         
         Senator Nixon moved that CSSB 214 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, 0 nays, 0 
         present not voting, and 6 absent.  
         
         Senators Cain, Fraser, Nelson and Shapiro requested unanimous 
         consent to be shown voting aye on CSSB 214.  There being no 
 
         





         objection, the motion prevailed.  Senator Luna requested 
         unanimous consent to be shown voting nay on CSSB 214.  There 
         being no objection, the motion prevailed.  
         
         Senator Nixon moved that CSSJR 14 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, 0 nays, 0 
         present not voting, and 6 absent.  
         
         Senators Cain, Fraser, Nelson and Shapiro requested unanimous 
         consent to be shown voting aye on CSSJR 14.  There being no 
         objection, the motion prevailed.  Senator Luna requested 
         unanimous consent to be shown voting nay on CSSJR 14.  There 
         being no objection, the motion prevailed.
         
         At 7:45 pm Senator Nixon assumed the chair.  
         
         The Chair laid out SB 827 and recognized Senator Armbrister, 
         in the absence of the author, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
         Senator Armbrister Committee offered Amendment 1 and  moved 
         adoption; without objection, the amendment was adopted.
         
         Senator Armbrister moved that SB 827 as amended 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, 0 nays, 0 present not voting, and 6 absent.  
         
         Senator Fraser requested unanimous consent to be shown voting 
         aye on SB 827.  There being no objection, the motion 
         prevailed. 
         
          The Chair laid out SB 828 and recognized Senator Armbrister, 
         in the absence of the author, to explain the bill.  
         
         Witnesses testifying and registering on the bill are shown on 
         the attached list.  Public testimony was closed.
         
          Senator Armbrister moved that SB 828 be reported favorably to 
         the full Senate with the recommendation that it do pass and be 
         printed.  The motion  failed with a vote of 5 ayes, 2 nays, 0 
         present not voting, and 6 absent.  
         
         Senators Nelson and Shapiro requested unanimous consent to be 
         shown voting nay on SB 828.  There being no objection, the 
         motion prevailed.  Senator Fraser requested unanimous consent 
         to be shown voting aye on SB 828.  There being no objection, 
         the motion prevailed.
         
         At 7:50 pm Senator Armbrister resumed the chair.  
         
         No action was taken on SB 605, 719, 856 and 864.
         
         There being no further business, at 7:55 pm Senator Armbrister 
         moved that the Committee stand recessed subject to the call of 
         the Chair.  Without objection, it was so ordered.  
         
         
         
         
         ______________________
         Senator Kenneth Armbrister, Chair
         
         ______________________