MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                              Thursday, April 24, 2003 
                                     8:00 a.m. 
                            Capitol Extension Auditorium 
                                           
                                       ***** 
                                           
         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, April 24, 2003, in the Capitol Extension  
         Auditorium at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Bill Ratliff                    None 
         Senator Todd Staples 
         Senator Kenneth Armbrister 
         Senator Robert Duncan 
         Senator Rodney Ellis 
         Senator Troy Fraser 
         Senator Chris Harris 
         Senator Frank Madla 
         Senator Jane Nelson 
                                           
                                       ***** 
                                           
         There was no action taken for the following bill(s): SB 563  
         (posting rule was suspended on the senate floor), SB 1241 
          
         Chairman Ratliff called the meeting to order at 8:04 a.m., laid  
         out SB 467, and recognized the author, Senator Averitt, to  
         explain the bill.  Senator Staples sent up a committee  
         substitute; the chairman recognized Senator Averitt to explain  
         the difference between the committee substitute and the bill as  
         filed.  At 8:08 a.m., Senator Staples assumed the chair.   
         Witnesses testifying on the bill are shown on the attached list.   
         Senator Staples moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Nelson sent up  
         Committee Amendment 2 and moved adoption; without objection, the  
         amendment was adopted.  Senator Nelson sent up Committee  
         Amendment 1 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 requested unanimous consent to roll  
         the amendments into a committee substitute; without objection,  
         it was so ordered.  Senator Staples then moved that the  
         committee substitute be adopted; without objection, it was so  
         ordered.  Senator Staples moved that SB 467 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum in the afternoon session, and with Senator  
  
         Ratliff back in the chair, Senator Duncan moved that SB 467 be  
         reported favorably 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.  Pursuant  
         to motions in writing, unanimous consent was requested and  
         granted for Senators Fraser and Harris to be shown voting aye  
         (the 7 ayes include the motions in writing). 
          
         Senator Staples announced that Senator Armbrister had pulled SB  
         1241.   
          
         Senator Staples laid out SB 1415 and recognized the author,  
         Senator Deuell, to explain the bill.  Senator Armbrister sent up  
         Committee Amendment 1 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.  Public testimony was opened.  
         There being no one present who wanted to testify or register on  
         the bill testimony was closed.  Senator Staples moved that SB  
         1415 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum in the afternoon  
         session, and with Senator Ratliff back in the chair, Senator  
         Nelson moved that SB 1415 do not pass but that CSSB 1415 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. Pursuant to  
         motions in writing, unanimous consent was requested and granted  
         for Senators Fraser and Harris to be shown voting aye (the 7  
         ayes include the motions in writing).  Senator Nelson moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.  
          
         Senator Staples laid out SB 450 and recognized the author,  
         Senator Carona, to explain the bill.  Senator Armbrister sent up  
         a committee substitute; the chair recognized Senator Carona 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 Staples moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Staples moved that SB 450 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum in the afternoon session, and with Senator  
         Ratliff back in the chair, Senator Ellis moved that SB 450 do  
         not pass but that CSSB 450 (the Armbrister substitute) 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.  Pursuant to  
         motions in writing, unanimous consent was requested and granted  
         for Senators Fraser and Harris to be shown voting aye (the 7  
         ayes include the motions in writing). 
           
         Senator Staples laid out SB 1752 and recognized the author,  
         Senator Estes, to explain the bill.  Senator Armbrister sent up  
  
         a committee substitute; the chair recognized Senator Estes to  
         explain the difference between the committee substitute and the  
         bill as filed.  Witnesses registering on the bill are shown on  
         the attached list.  Senator Staples moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Armbrister moved adoption of the committee substitute;  
         without objection, it was so ordered.  Senator Staples moved  
         that SB 1752 be left pending; without objection, it was so  
         ordered.   
          
         Senator Staples laid out SB 1119 and recognized the author,  
         Senator Williams, to explain the bill. Witnesses testifying on  
         the bill are shown on the attached list.  Senator Staples moved  
         that the public testimony be closed; without objection, it was  
         so ordered.   Senator Staples moved that SB 1119 be left pending  
         to await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum in the afternoon session, and with Senator  
         Ratliff back in the chair, Senator Nelson moved that SB 1119 be  
         reported favorably 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.  Pursuant  
         to motions in writing, unanimous consent was requested and  
         granted for Senators Fraser and Harris to be shown voting aye  
         (the 7 ayes include the motions in writing).   
          
         Senator Staples laid out SB 1708 and recognized the author,  
         Senator Wentworth, to explain the bill. Senator Ellis sent up  
         Committee Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.  Witnesses testifying and registering on  
         the bill are shown on the attached list.  Senator Staples moved  
         that the public testimony be closed; without objection, it was  
         so ordered. Senator Staples moved that SB 1708 be left pending  
         to await a quorum; without objection, it was so ordered.    Upon  
         arrival of a quorum in the afternoon session, and with Senator  
         Ratliff in the chair, Senator Duncan moved that SB 1708, as  
         amended, 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.  Pursuant to a motion in writing, unanimous consent was  
         requested and granted for Senator Harris to be shown voting aye  
         (the 7 ayes include the motion in writing).  Senator Duncan  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Staples laid out SJR 57 and recognized the author,  
         Senator Wentworth, to explain the bill. Witnesses registering on  
         the bill are shown on the attached list.    Senator Staples  
         moved that the public testimony be closed; without objection, it  
         was so ordered.  Senator Staples moved that SJR 57 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum in the afternoon session, and with  
         Senator Ratliff back in the chair, Senator Duncan moved that  
         SJR 57 be reported favorably 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.  Pursuant to a motion in writing,  
         unanimous consent was requested and granted for Senator Harris  
         to be shown voting aye (the 6 ayes include the motions in  
         writing).   
          
         At 9:56 a.m., Senator Ellis assumed the chair, laid out SB 254,   
         and recognized Senator Wentworth, in the absence of the author,  
         to explain the bill.  Witnesses registering on the bill are  
         shown on the attached list.  Senator Ellis moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Ellis moved that SB 254 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum in the afternoon session, and with Senator Ratliff back  
         in the chair, Senator Ellis moved that SB 254 be reported  
         favorably 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.  Pursuant to  
         motions in writing, unanimous consent was requested and granted  
         for Senators Fraser and Harris to be shown voting aye (the 7  
         ayes include the motions in writing).   
          
         Senator Ellis laid out SB 1155 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 Ellis moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Ellis moved that  
         SB 1155 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum in the afternoon  
         session, and with Senator Ratliff back in the chair, Senator  
         Nelson moved that SB 1155 be reported favorably 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.  Pursuant to motions in writing,  
         unanimous consent was requested and granted for Senators Fraser  
         and Harris to be shown voting aye (the 7 ayes include the  
         motions in writing).  Senator Nelson moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Ellis laid out SB 1482 and recognized Senator Wentworth,  
         in the absence of the author, to explain the bill.  Witnesses  
         testifying on the bill are shown on the attached list.  Senator  
         Ellis moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Ellis moved that SB 1482  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum in the afternoon session, and  
         with Senator Ratliff back in the chair, Senator Nelson moved  
         that SB 1482 be reported favorably 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.  Pursuant to a motion in writing,  
         unanimous consent was requested and granted for Senator Harris  
         to be shown voting aye (the 6 ayes include the motion in  
         writing).  Senator Nelson moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         Senator Ellis laid out SB 1776 and recognized Senator Wentworth,  
         in the absence of the author, to explain the bill.  Senator  
         Madla sent up a committee substitute; the chair recognized  
         Senator Wentworth to explain the difference between the  
         committee substitute and the bill as filed.  Senator Madla moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Witnesses registering on the bill are shown on the  
         attached list.  Senator Ellis moved that the public testimony be  
         closed; without objection, it was so ordered.  Senator Ellis  
         moved that SB 1776 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum in the  
         afternoon session, and with Senator Ratliff back in the chair,  
         Senator Ellis moved that SB 1776 do not pass but that CSSB 1776  
         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.  Pursuant  
         to a motion in writing, unanimous consent was requested and  
         granted for Senator Harris to be shown voting aye (the 7 ayes  
         include the motion in writing).  Senator Ellis moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Ellis laid out SB 1618 and recognized Senator Wentworth,  
         to explain the bill (Senator Ellis was the author but he was in  
         the chair).  Senator Madla sent up a committee substitute;  
         Senator Ellis recognized Senator Wentworth to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Madla sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.  Senator  
         Madla requested unanimous consent to roll the amendment into a  
         committee substitute; without objection, it was so ordered.   
         Senator Madla then moved that the committee substitute be  
         adopted; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  Senator Ellis moved that SB 1618 be left pending to await  
         a quorum; without objection, it was so ordered. 
                                                                            
         At 10:50 a.m., Senator Ellis moved that the committee stand  
         recessed until after adjournment of the Senate; without  
         objection, it was so ordered.   
          
         At 3:30 p.m. the committee reconvened with Senator Ratliff in  
         the chair.  The chairman  laid out SJR 38 and recognized the  
         author, Senator Brimer, to explain the bill.  Senator Ellis sent  
         up a committee substitute; the chair recognized Senator Brimer  
         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 chairman moved that  
         the public testimony be closed; without objection, it was so  
         ordered.  Senator Ratliff moved that SJR 38 be left pending;  
         without objection, it was so ordered.   
          
         The chairman laid out SB 1618 which was left pending in the  
         morning session, and recognized Senator Ellis to explain the  
         compromise worked out during the break.  Senator Ellis requested  
         that  William Goodman, TDI, come forward to discuss the  
         compromise.  Will Davis also participated in the discussion.   
         Senator Ellis sent up Committee Amendment 2 and moved adoption;  
         without objection, the amendment was adopted.  Senator Ellis  
         requested unanimous consent to roll the amendment into the  
         committee substitute; without objection, it was so ordered.   
         Witnesses registering on the bill are shown on the attached  
         list.  The chairman moved that the public testimony be closed;  
         without objection, it was so ordered. 
          
         The Chairman announced that the committee would stand at ease  
         until 4:30 p.m. 
          
         At 4:35 p.m., the committee reconvened and established a quorum.   
         The chairman then preceded to  lay out the bills which were left  
         pending to await a quorum, and to take votes.  Details are  
         included in each bill's summary of committee action noted above,  
         with the exception of SB 1618.  The chairman laid out SB 1618.   
         Senator Ellis moved to reconsider the motion to roll Committee  
         Amendment 2 into the substitute; without objection, it was so  
         ordered.  Senator Ellis moved to withdraw Committee Amendment 2;  
         without objection, it was so ordered.  Senator Ellis moved to  
         reconsider the motion to roll Committee Amendment 1 into the  
         substitute; without objection, it was so ordered.  Senator Ellis  
         moved to reconsider the vote to adopt Committee Amendment 1;  
         without objection, it was so ordered.  Senator Ellis then sent  
         up an amendment (Committee Amendment 1a) to Committee Amendment  
         1.  Senator Ellis moved adoption; without objection, it was  so  
         ordered.  Senator Ellis then moved adoption of Committee  
         Amendment 1 as amended; without objection, it was so ordered.   
         Senator Ellis then sent up a new Committee Amendment 2 and moved  
         adoption; without objection, it was so ordered.  Senator Ellis  
         requested unanimous consent to roll the amendments into a  
         committee substitute; without objection, it was so ordered.   
         Senator Ellis then moved to adopt the committee substitute;  
         without objection, it was so ordered. Senator Ellis moved that  
         SB 1618 do not pass but that CSSB 1618 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. Pursuant to a motion in  
         writing, unanimous consent was requested and granted for Senator  
         Harris to be shown voting aye (the 7 ayes include the motion in  
         writing). Senator Ellis moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar; without  
         objection, it was so ordered.   
          
         There being no further business, at 4:50 p.m., Senator Ratliff  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         ________________________ 
         Senator Bill Ratliff, Chairman 
          
         ______________________ 
         Nancy B. Macken, Clerk