MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, April 15, 1999
12:30 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, April 15, 1999 in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Florence Shapiro None
Senator Eliot Shapleigh
Senator David Bernsen
Senator J. E. Brown
Senator David Cain
Senator Tom Haywood
Senator Eddie Lucio, Jr.
Senator Drew Nixon
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 1:15 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Cain, Senator Shapleigh, Senator Lucio, and Senator
Haywood.
The Chair laid out SB 1517 and recognized the author, Senator
Brown, to explain the bill.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed. Senator Brown
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Nixon moved that SB 1517 do not pass but that CSSB
1517 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, 2 nays, 0 present not voting, and 0 absent.
The Chair laid out SB 1846 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Bernsen moved that SB 1846 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 9 ayes, 0 nays, 0
present not voting, and 0 absent. Senator Nixon moved that
the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 1416 and recognized the author, Senator
West, to explain the bill.
Senator Brown sent up a committee substitute; the Chair
recognized Senator West to explain the difference between the
committee substitute and the bill as filed. Senator Lucio,
Jr. 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.
Senator Lucio, Jr. moved that SB 1416 do not pass but that
CSSB 1416 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 9 ayes, 0 nays, 0 present not voting,
and 0 absent. Senator Brown moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The subcommittee report on SB 1176 was laid out by the Chair.
Senator Cain moved adoption of the subcommittee report. There
being no objection, it was so ordered.
Senator Cain moved that SB 1176 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 9 ayes, 0 nays, 0 present
not voting, and 0 absent. Senator Wentworth moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The subcommittee report on SB 1505, as amended was laid out by
the Chair. Senator Cain moved adoption of the subcommittee
report. There being no objection, it was so ordered.
Senator Cain moved that SB 1505, 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 9 ayes, 0 nays, 0
present not voting, and 0 absent. Senator Wentworth moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 1351 and recognized the author, Senator
Barrientos, to explain the bill.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Barrientos to explain the difference
between the committee substitute and the bill as filed.
Senator Brown 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.
The Chair moved that CSSB 1351 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Brown moved that SB 1351 do not pass but
that CSSB 1351 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 9 ayes, 0 nays, 0 present not voting,
and 0 absent.
The Chair laid out SJR 26 and recognized Senator Wentworth, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SJR 26 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 9 ayes, 0 nays, 0
present not voting, and 0 absent.
The Chair laid out SB 292 and recognized the author, Senator
Nixon, to explain the bill.
Senator Nixon sent up a committee substitute; the Chair
recognized Senator Nixon 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.
Senator Shapiro moved that SB 292 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1179 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Wentworth 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 requested that public testimony be left open and
that the bill be left pending until after the committees
recess.
At 2:25 pm Senator Brown assumed the chair.
The Chair laid out SB 1195 and recognized the author, Senator
Shapiro, to explain the bill.
Senator Shapiro sent up a committee substitute; the Chair
recognized Senator Shapiro to explain the difference between
the committee substitute and the bill as filed.
The Chair moved that SB 1195 be left pending to await a
quorum; without objection it was so ordered.
At 2:35 pm Senator Shapiro resumed the chair.
At 2:36 pm the Chair recessed the meeting until 3:30 pm.
The committee reconvened at 3:45 pm with Senator Wentworth in
Chair.
The Chair resumed testimony on SB 1179.
At 3:50 pm Senator Shapleigh assumed the chair.
At 4:00 pm Senator Shapiro resumed the chair.
Senator Wentworth moved adoption of the committee substitute,
without objection, it was so ordered.
Senator Shapiro moved that CSSB 1179 be left pending; without
objection, it was so ordered.
The Chair laid out SB 974 and recognized the author, Senator
Shapleigh, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Shapleigh to explain the difference between
the committee substitute and the bill as filed. Senator
Wentworth 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.
The Chair moved that CSSB 974 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that SB 974 do not pass
but that CSSB 974 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 1 absent.
The Chair laid out SB 1851 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Wentworth to explain the difference between
the committee substitute and the bill as filed. Senator
Shapleigh 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.
Senator Shapleigh moved that SB 1851 do not pass but that CSSB
1851 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 2 absent.
The Chair laid out SB 154 and advised the members that we were
withdrawing the previously sent up substitute in order to send
up a new substitute.
Senator Wentworth sent up a new committee substitute; the
Chair recognized Senator Wentworth, in the absence of the
author to explain the difference between the committee
substitute and the bill as filed. Senator Wentworth moved
adoption of the committee substitute, without objection, it
was so ordered.
Senator Shapleigh moved that SB 154 do not pass but that CSSB
154 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 2 absent.
At 5:00 pm Senator Shapleigh assumed the chair.
The Chair laid out SB 1195 which was left pending before the
committees earlier recess.
Senator Shapiro moved adoption of the committee substitute,
without objection, it was so ordered.
Senator Shapiro moved that SB 1195 do not pass but that CSSB
1195 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 2 absent.
Senator Lucio, Jr. moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 5:02 pm Senator Shapiro resumed the chair.
The Chair laid out SB 1438. Senator Shapleigh moved that the
committee reconsider the vote on which the committee
substitute for SB 1438 was previously adopted. There being
no objection, the vote was reconsidered.
Senator Shapleigh moved to withdraw his previous motion to
adopt the substitute. There being no objection, the motion
and the substitute were withdrawn.
Senator Cain sent up a new committee substitute for SB 1438.
The Chair recognized the author, Senator Duncan, to explain
the difference between the filed bill and the committee
substitute. Senator Shapleigh 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.
Senator Nixon moved that SB 1438 do not pass but that CSSB
1438 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 2 absent.
The Chair laid out SB 1128. Senator Shapleigh moved that the
committee reconsider the vote on which the committee
substitute for SB 1128 was adopted. There being no objection,
the vote was reconsidered.
The Chair advised that the committee substitute was now back
before the committee and recognized the author, Senator
Armbrister, to explain the committee substitute.
Senator Shapleigh sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Shapleigh requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Shapleigh then moved that the new
committee substitute be adopted; without objection, it was so
ordered.
The Chair moved that CSSB 1128 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Lucio, Jr. moved that SB 1128 do not pass
but that CSSB 1128 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 9 ayes, 0 nays, 0 present not voting,
and 0 absent.
At 5:20 pm Senator Wentworth assumed the chair.
The Chair laid out SB 1226. Senator Shapiro moved that the
committee reconsider the vote on which the committee
substitute for SB 1226 was adopted. There being no objection,
the vote was reconsidered.
The Chair advised that the committee substitute was now back
before the committee and recognized the author, Senator
Shapiro, to explain the committee substitute.
Senator Shapiro sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Shapiro then moved that the new
committee substitute be adopted; without objection, it was so
ordered.
The Chair moved that CSSB 1226 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Lucio, Jr. moved that SB 1226 do not pass
but that CSSB 1226 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 9 ayes, 0 nays, 0 present not voting,
and 0 absent.
At 5:22 pm Senator Shapiro resumed the chair.
The Chair laid out SB 418 and advised that the committee
substitute, sent up at a previous meeting, was back before the
committee and recognized the author, Senator Moncrief, to
explain the committee substitute.
Senator Brown sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Wentworth sent up Committee Amendment 2. After some
discussion, Senator Wentworth pulled down Committee Amendment
2. Senator Wentworth sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Shapiro then moved that the new
committee substitute be adopted; without objection, it was so
ordered.
The Chair moved that CSSB 418 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Lucio, Jr. moved that SB 418 do not pass
but that CSSB 418 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, 1 nay, 0 present not voting,
and 1 absent.
There being no further business, at 6:25 pm Senator Lucio, Jr.
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
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Senator Florence Shapiro, Chair Cindy R
Notting
ham,
Clerk