MINUTES COMMITTEE OF THE WHOLE SENATE Friday, May 11, 2001 8:00 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Committee of the Whole Senate was held on Friday, May 11, 2001, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Kenneth Armbrister None Senator Gonzalo Barrientos Senator David Bernsen Senator Teel Bivins Senator J. E. Brown Senator David Cain Senator John Carona Senator Robert Duncan Senator Rodney Ellis Senator Troy Fraser Senator Mario Gallegos, Jr. Senator Chris Harris Senator Tom Haywood Senator Mike Jackson Senator Jon Lindsay Senator Eddie Lucio, Jr. Senator Frank Madla Senator Mike Moncrief Senator Jane Nelson Senator Steve Ogden Senator Florence Shapiro Senator Eliot Shapleigh Senator David Sibley Senator Todd Staples Senator Carlos Truan Senator Leticia Van de Putte Senator Jeff Wentworth Senator Royce West Senator John Whitmire Senator Judith Zaffirini ***** The Chair, Senator Carlos Truan, called the meeting to order at 8:35 a.m. There being a quorum present, the following business was transacted: The Chair recognized Senator West for a motion to allow staff members to be on the floor during the meeting of the Committee of the Whole Senate. The motion was unanimously adopted. The Chair laid out proposed amendments to S.B. 499 (Plan 01047 S) and recognized Senator Armbrister, the author, to explain proposed Committee Amendment No. 6, Plan 01096 S. The Chair recognized Senator Armbrister, the author, to explain proposed Committee Amendment No. 7, Plan 01056 S. The Chair recognized Senator Cain, the author, to explain proposed Committee Amendment No. 8, Plan 01079 S. The Chair recognized Senator Cain, the author, to explain proposed Committee Amendment No. 9, Plan 01112 S. Senator Sibley asked questions of Senator Cain. Senator West asked questions of Senator Sibley. President Ratliff assumed the Chair for a statement regarding the urgency of committees being able to meet after the Committee of the Whole and requested that explanations and questions only be discussed during Committee of the Whole and that debate be postponed. Senator Truan resumed the Chair. The Chair recognized Senator Cain, the author, to explain proposed Committee Amendment No. 10, Plan 01092 S. The Chair recognized Senator Moncrief to request that he be permitted to explain his amendments to S.B. 499 later in the meeting because the amendments had not yet been delivered. Permission was granted. The Chair recognized Senator Lucio for a statement regarding the meeting between Senators Truan, Zaffirini, and Lucio. Senator Brown assumed the Chair. The Chair recognized Senator Truan to ask questions of Senator Lucio. Senator Truan resumed the chair. The Chair laid out proposed amendments to the Sibley Plan No.1 (Plan 01051 S). The Chair recognized Senator Gallegos, the author, to explain proposed Committee Amendment No. 14, Plan 01109 S. Senator Gallegos then withdrew proposed Committee Amendment No. 14. Senator Sibley was recognized for a statement concerning the Sibley Plan No. 1 (01051 S) and Sibley Plan No. 2 (01052 S). The Chair recognized Senator Armbrister, the author, to explain proposed Committee Amendment No. 11, Plan 01095 S. The Chair recognized Senator Shapleigh to withdraw proposed Committee Amendment No. 9, Plan 01065 S. The Chair recognized Senator Sibley to ask a question concerning the status of the withdrawn amendments regarding fair notice. The Chair recognized Senator Armbrister, the author, to explain proposed Committee Amendment No. 12, Plan 01104 S. The Chair recognized Senator Armbrister, the author, to explain proposed Committee Amendment No. 13, Plan 01102 S. Senator Jackson asked questions of Senator Armbrister. The Chair recognized Senator Ogden, the author, to explain proposed Committee Amendment No. 15, Plan 01100 S. The Chair laid out the proposed amendments to the Sibley Plan No. 2 (Plan 01052 S). The Chair recognized Senator Sibley, the author, to explain proposed Committee Amendment No. 9, Plan 01101 S. The Chair recognized Senator Armbrister, the author, to explain proposed Committee Amendment No. 10, Plan 01108 S. The Chair recognized Senator Armbrister, the author to explain proposed Committee Amendment No. 11, Plan 01103 S. Senator Jackson asked questions of Senator Armbrister. The Chair recognized Senator Gallegos, the author, to explain proposed Committee Amendment No. 12, Plan 01109 S. Senator Gallegos then withdrew the proposed plan. The Chair recognized Senator Ogden, the author, to explain proposed Committee Amendment No. 13, Plan 01110 S. The Chair recognized Senator Moncrief, the author, to explain proposed Committee Amendment No. 11, Plan 01071 S. The Chair recognized Senator Cain, co-author, to further explain the proposed amendment. The Chair recognized Senator Moncrief, the author, to explain proposed Committee Amendment No. 12, Plan 01107 S. The Chair recognized Senator Moncrief, the author, to explain proposed Committee Amendment No. 13, Plan 01110 S. The Chair recognized Senator Moncrief, the author, to explain proposed Committee Amendment No. 14, Plan 01113 S. Senator Jackson asked questions of Senator Moncrief. The Chair recognized Senator Moncrief, the author, to explain proposed Committee Amendment No. 15, Plan 01114 S. The Chair recognized Senator Moncrief, the author, to explain proposed Committee Amendment No. 16, Plan 01115 S. The Chair recognized Senator Moncrief, the author, to explain proposed Committee Amendment No. 17, Plan 01116 S. Senators Sibley and Nelson, respectively, asked questions of Senator Moncrief. Senator Brown moved that the Committee of the Whole Senate rise and report progress at 10:25 am. Without objection, it was so ordered. Senator Carlos Truan, Chair Patsy Spaw, Secretary of the Senate, Designee