MINUTES 
                                         
                        SENATE COMMITTEE ON STATE AFFAIRS 
                             Tuesday, April 1, 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 Tuesday, April 1, 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 1:50 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 SCR 27 and recognized the author, Senator  
         Harris, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Nelson moved that SCR 27 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 2 absent.   
          
         Senators Ellis and Whitmire requested unanimous consent to be  
         shown voting aye on SCR 27.  There being no objection the  
         motion prevailed. 
  
         Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         The Chair laid out SB 657 and recognized the author, Senator  
         Barrientos, to explain the bill.   
          
         Senator Gallegos sent up CSSB 657 and moved adoption, with  
         objection, the committee substitute was adopted. Witnesses  
         testifying and registering on the bill are shown on the  
         attached list.  Public testimony was closed. 
          
         Senator Luna moved that CSSB 657 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 12 ayes, 0 nays, 0  
         present not voting, and 1 absent.   
          
         Senator Whitmire requested unanimous consent to be shown  
         voting aye on CSSB 657.  There being no objection, the motion  
         prevailed. 
          
         The Chair laid out SB 1101 and recognized the author, Senator  
         Wentworth, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         At 2:35 pm Senator Nelson assumed the chair.   
          
         Senator Ellis moved that SB 1101 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         The Chair laid out SB 755 and recognized the author, Senator  
         Lucio, Jr., to explain the bill.   
          
         Senator Carona sent up a committee substitute; the Chair  
         recognized Senator Lucio, Jr. to explain the difference  
         between the committee substitute and the bill as filed.   
          
         Senator Gallegos sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Nelson requested unanimous consent to incorporate  
         amendments into the committee substitute.  Senator Carona then  
         moved that the new committee substitute be adopted and without  
         objection, the committee substitute as amended was adopted.    
         Senator Gallegos, Jr. moved that SB 755 do not pass but that  
         CSSB 755 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, 3 nays, 0 present not voting,  
         and 3 absent.   
          
         Senator Lindsay requested unanimous consent to be shown voting  
         aye on CSSB 755.  There being no objection, the motion  
         prevailed. 
           
         At 3:00 pm Senator Armbrister resumed the chair.  
           
         The Chair laid out SB 1386 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 SB 1386 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Ellis moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar, without objection, it was  
         so ordered.   
          
         The Chair brought up CSSB 73 from pending business.  Senator  
         Nelson moved that SB 73 do not pass but that CSSB 73 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a vote of 13  
         ayes, 0 nays, 0 present not voting, and 0 absent.   
         The Chair laid out SB 1088 and recognized the author, Senator  
         Patterson, to explain the bill.   
          
         Senator Nelson moved that SB 1088 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         The Chair laid out SB 1370 and recognized the author, Senator  
         Patterson, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         There was no motion made to report the bill back to the  
         Senate. 
          
         The Chair laid out SB 1371 and recognized the author, Senator  
         Patterson, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         There was no motion made to report the bill back to the  
         Senate. 
  
         The Chair laid out SB 510 and recognized the author, Senator  
         Madla, to explain the bill.   
          
         Senator Cain sent up a committee substitute; the Chair  
         recognized Senator Madla to explain the difference between the  
         committee substitute and the bill as filed.  Senator Cain  
         moved adoption of the committee substitute, without objection,  
         it was so ordered. 
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony ws closed. 
          
         Senator Ellis moved that SB 510 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Whitmire moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         The Chair laid out SB 1177 and recognized the author, Senator  
         Nelson, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  Public testimony was closed. 
          
         Senator Nelson moved that SB 1177 be reported favorably to the  
         full Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a vote of 13 ayes, 0 nays, 0  
         present not voting, and 0 absent.   
          
         Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         At 4:45 pm Senator Nixon assumed the chair.   
          
         The Chair laid out SB 323 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         Senator Armbrister sent up CSSB 323 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 Armbrister moved that CSSB 323 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 2 absent.   
          
         Senator Armbrister moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
  
         objection, it was so ordered.   
          
         At 4:50 pm Senator Armbrister resumed the chair.   
          
         The Chair brought up CSSJR 14 from pending business.  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 13 ayes, 0 nays, 0 present  
         not voting, and 0 absent.   
          
         The Chair brought up CSSB 214 from pending business.  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 13 ayes, 0 nays, 0 present  
         not voting, and 0 absent.   
          
         The Chair brought up SB 552 from pending business.  Senator  
         Lindsay moved that SB 552 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, 5 nays, 0 present  
         not voting, and 0 absent.   
          
         The Chair laid out SB 358 and recognized the author, Senator  
         Brown, to explain the bill.   
          
         Senator Nixon sent up Committee Amendment 1 and Senator Brown  
         was recognized to explain the amendment.  Senator Nixon moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Nelson sent up Committee Amendment 2 and Senator Brown  
         was recognized to explain the amendment.  Senator Nelson 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 Nelson moved that SB 358 be left pending; without  
         objection, it was so ordered. 
          
         At 5:40 pm Senator Ellis assumed the chair.   
          
         The Chair laid out SB 1065 and recognized the author, Senator  
         Carona, to explain the bill.   
          
         Senator Carona sent up CSSB 1065 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 Carona moved that SB 1065 do not pass but that CSSB  
         1065 be reported back to the 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 Nixon, Ellis, Fraser, Luna and Whitmire requested  
         unanimous consent to be shown voting   aye on CSSB 1065.   
         There being no objection, the motion prevailed. 
          
         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 SB 965 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         Senator Armbrister sent up CSSB 965.  
          
         Senator Armbrister sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Armbrister sent up Committee Amendment 2 and  moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Armbrister sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Armbrister sent up Committee Amendment 4 and moved  
         adoption; without objection, the amendment was adopted. 
          
         Senator Armbrister sent up Committee Amendment 5 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 moved that CSSB 965 be left pending, it was  
         so ordered. 
          
         The Chair laid out SB 1190 and recognized the author, Senator  
         Armbrister, to explain the bill.   
          
         Senator Armbrister sent up CSSB 1190 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 Armbrister moved that CSSB 1190 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 Galloway requested unanimous consent to be shown  
         voting aye on CSSB 1190.  There being no objection, the motion  
         prevailed. 
  
         At 7:20 pm Senator Armbrister resumed the chair.   
          
         The Chair brought up SB 631 from pending business.  Senator  
         Nelson moved that SB 631 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, 4 nays, 1 present  
         not voting, and 1 absent. 
          
         There was no action taken on SB 851.   
          
         There being no further business, at 7:30 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 
          
         ______________________ 
         Kelly Gilbert, Clerk