MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                               Thursday, May 3, 2001 
                           10:30 a.m. or upon adjournment 
                           Capitol Extension, Room E1.028 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on State Affairs  
         was held on Thursday, May 3, 2001, in the Capitol Extension,  
         Room E1.028, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Florence Shapiro                Senator John Carona 
         Senator Carlos Truan                    Senator Chris Harris 
         Senator Kenneth Armbrister 
         Senator Troy Fraser 
         Senator Mario Gallegos, Jr. 
         Senator Frank Madla 
         Senator Eliot Shapleigh 
                                           
                                       ***** 
                                           
         Having recessed at the previous meeting, the chair called the  
         meeting to order at 2:40 p.m.  
          
         The chair laid out SB1828 and recognized the author, Senator  
         Lindsay, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB1828 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out SB1829 and recognized the author, Senator  
         Lindsay, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that SB1829 be left pending to await a  
         quorum; without objection, it was so ordered. 
          
         The chair laid out HB3309 and recognized the Senate sponsor,  
         Senator Ellis, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  
          
         Senator Shapiro moved that HB3309 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1378 and recognized Senator Shapleigh, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB1378 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB2585 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB2585 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 3:10 p.m. roll was called and a quorum was present. 
          
         Upon arrival of a quorum, Senator Truan moved that HB2585 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Truan  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Truan moved that SB1828 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.   
          
         Upon arrival of a quorum, Senator Truan moved that SB1829 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.   
          
         Senator Gallegos, Jr. sent up Committee Amendment 1 to HB3309  
         and moved adoption; without objection, the amendment was  
         adopted.  Senator Armbrister requested unanimous consent to roll  
         the amendment into a committee substitute; without objection, it  
         was so ordered.  Senator Armbrister then moved that the  
         committee substitute be adopted; without objection, it was so  
         ordered.  
          
         Upon arrival of a quorum, Senator Armbrister moved that HB3309  
  
         do not pass but that CSHB3309 be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 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.   
          
         Upon arrival of a quorum, Senator Shapleigh moved that HB1378 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.  Senator  
         Shapleigh moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB815 and recognized the Senate sponsor,  
         Senator Whitmire, to explain the bill.   
          
         Senator Shapleigh sent up a committee substitute; the chair  
         recognized Senator Whitmire 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.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         At 3:17 p.m. Senator Truan assumed the chair.   
          
         Senator Gallegos, Jr. moved that HB815 do not pass but that  
         CSHB815 be reported back to the Senate with the recommendation  
         that it do pass and be printed.  The motion carried with a  
         record vote of 7 ayes, 0 nay, 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.   
          
         The chair laid out HB1419 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HB1419 be left pending to await a  
         quorum; without objection, it was so ordered.    
          
         The chair laid out HB2922 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         At 3:28 p.m. Senator Shapiro resumed the chair.   
          
         Senator Shapiro moved that HB2922 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2923 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB2923 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB2440 and recognized the Senate sponsor,  
         Senator Barrientos, to explain the bill.   
          
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB2440 be left pending to await a  
         quorum; without objection, it was so ordered.   
         At 3:34 p.m. Senator Truan resumed the chair.   
          
         The chair laid out HJR45 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HJR45 be left pending to await a  
         quorum; without objection, it was so ordered.  
         The chair laid out HB3016 and recognized the Senate sponsor,  
         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.  Senator Shapiro  
         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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HB3016 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HJR75 and recognized the Senate sponsor,  
         Senator Shapiro, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
  
         Senator Truan moved that HJR75 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         At 3:54 p.m. Senator Shapiro resumed the chair.   
          
         The chair laid out HB2589 and recognized the Senate sponsor,  
         Senator Wentworth, to explain the bill.   
          
         Senator Truan sent up Committee Amendment 1 and moved adoption;  
         without objection, the amendment was adopted.  Senator Truan  
         requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Truan then moved that the committee substitute be  
         adopted; without objection, it was so ordered.   
          
         Senator Shapiro moved that HB2589 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1922 and recognized the Senate sponsor,  
         Senator Duncan, to explain the bill.   
          
         At 4:02 p.m. Senator Truan resumed the chair.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HB1922 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB965 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HB965 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB1459 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HB1459 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HB1460 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 the public testimony be  
  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HB1460 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         The chair laid out HCR77 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.   
          
         Senator Truan moved that HCR77 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HCR210 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 the public testimony be  
         closed; without objection, it was so ordered.   
         Senator Truan moved that HCR210 be left pending to await a  
         quorum; without objection, it was so ordered.  
          
         The chair laid out HB1117 and recognized Senator Armbrister, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         Senator Truan moved that HB1117 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB1772 and recognized Senator Armbrister, in  
         the absence of the Senate sponsor, to explain the bill.   
          
         Senator Armbrister sent up a committee substitute; the chair  
         recognized Senator Armbrister 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 the public testimony be  
         closed; without objection, it was so ordered.   
          
         Senator Truan moved that HB1772 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB569 and recognized the Senate sponsor,  
         Senator Shapleigh, to explain the bill.   
          
         Senator Truan moved that HB569 be left pending to await a  
         quorum; without objection, it was so ordered.   
          
         At 4:20 p.m. Senator Truan moved that the committee stand  
         recessed until 5:00 p.m; without objection, it was so ordered.   
          
         At 5:06 p.m. the committee reconvened and a quorum was present. 
          
         The chair laid out SB1129 and recognized Senator Shapiro, in the  
         absence of the author, 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.  Senator Shapiro  
         moved adoption of the committee substitute; without objection,  
         it was so ordered.   
          
         Senator Shapiro moved that SB1129 do not pass but that CSSB1129  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 5 ayes, 0 nay, 0 present not voting, and 4 absent.  Senator  
         Shapiro moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
         At 5:13 p.m. Senator Shapiro resumed the chair.   
          
         Upon arrival of a quorum, Senator Truan moved that HB1419 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Truan  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB2922  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 7 ayes, 0 nay, 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.   
          
         Upon arrival of a quorum, Senator Truan moved that HB2923 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 6  
         ayes, 0 nay, 0 present not voting, and 3 absent.  Senator Truan  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Madla moved that HB2440 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.  Senator Madla  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB2589  
         do not pass but that CSHB2589 be reported back to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 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.   
          
         Upon arrival of a quorum, Senator Truan moved that HB1922 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 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.   
         Upon arrival of a quorum, Senator Armbrister moved that HB965 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 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.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB1459  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 6 ayes, 0 nay, 0 present not voting, and 3 absent.  Senator  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HB1460  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 7 ayes, 0 nay, 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.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HCR77 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 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.   
          
         Upon arrival of a quorum, Senator Armbrister moved that HCR210  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 7 ayes, 0 nay, 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.   
          
         Upon arrival of a quorum, Senator Gallegos, Jr. moved that HB569  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 7 ayes, 0 nay, 0 present not voting, and 2 absent.  Senator  
         Gallegos, Jr. moved that the bill be recommended for placement  
         on the Local & Uncontested Calendar; without objection, it was  
         so ordered.   
         At 5:26 p.m. Senator Truan resumed the chair.   
          
         Upon arrival of a quorum, Senator Shapiro moved that HJR45 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 6  
  
         ayes, 0 nay, 0 present not voting, and 3 absent.   
          
         Upon arrival of a quorum, Senator Shapiro moved that HJR75 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 7  
         ayes, 0 nay, 0 present not voting, and 2 absent.   
          
         Upon arrival of a quorum, Senator Shapiro moved that HB3016 do  
         not pass but that CSHB3016 be reported back to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 6 ayes, 0 nay, 0 present not  
         voting, and 3 absent.   
          
         At 5:31 p.m. Senator Shapiro resumed the chair.   
          
         Senator Armbrister moved adoption of the minutes from the  
         previous hearing held on April 30, 2001; without objection, it  
         was so ordered.   
          
         There being no further business, at 5:35 p.m. Senator Shapiro  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         Senator Florence Shapiro, Chair                   Cindy S.  
                                                           Hodges, Clerk