MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, May 1, 2003
8:00 a.m.
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 1, 2003, in the Capitol Extension,
Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Bill Ratliff Senator Chris Harris
Senator Todd Staples
Senator Kenneth Armbrister
Senator Robert Duncan
Senator Rodney Ellis
Senator Troy Fraser
Senator Frank Madla
Senator Jane Nelson
*****
Chairman Ratliff called the meeting to order at 8:20 a.m. There
being a quorum present, the following business was transacted:
There was no action taken for the following bill(s): SB 927.
The chairman laid out SB 819 and recognized the author, Senator
Fraser, to explain the bill. 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. Chairman Ratliff moved that SB
819 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Fraser moved that
SB 819 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, 1 nay, 0 present not
voting, and 2 absent. Pursuant to motions in writing, unanimous
consent was requested and granted for Senator Duncan to be shown
voting aye, and for Senator Ellis to be shown voting nay (the 6
ayes and 1 nay include the motions in writing).
The chairman laid out SB 1670 and recognized the author, Senator
Averitt, to explain the bill. 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. Chairman Ratliff moved that SB
1670 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Staples moved
that SB 1670 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 Duncan and Ellis
to be shown voting aye (the 7 ayes include the motions in
writing). Senator Staples moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SB 820 and recognized the author, Senator
Fraser, to explain the bill. 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. Chairman Ratliff moved that SB
820 be left pending to await a quorum; without objection, it was
so ordered. Upon arrival of a quorum, Senator Fraser moved that
SB 820 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 Duncan and Ellis
to be shown voting aye (the 7 ayes include the motions in
writing).
The chairman laid out SB 1572 and recognized the author, Senator
Carona, to explain the bill. Senator Staples sent up a
committee substitute; the chair recognized Senator Carona to
explain the difference between the committee substitute and the
bill as filed. 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. Senator Fraser
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Fraser moved that SB 1572 do not
pass but that CSSB 1572 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 Duncan and Ellis
to be shown voting aye (the 7 ayes include the motions in
writing). Senator Fraser moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SB 1573 and recognized the author, Senator
Carona, to explain the bill. Senator Nelson sent up a committee
substitute; the chair recognized Senator Carona to explain the
difference between the committee substitute and the bill as
filed. 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. Chairman Ratliff
moved that SB 1573 be left pending; without objection, it was so
ordered.
The chair laid out SB 1574 and recognized the author, Senator
Carona, to explain the bill. Senator Staples 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. The chairman moved that the
public testimony be closed; without objection, it was so
ordered. Senator Staples moved that SB 1574 do not pass but
that CSSB 1574 (the Staples 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 Duncan and Madla to be shown voting aye (the 7 ayes
include the motions in writing). Senator Staples moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Chairman Ratliff laid out SB 1573 which left pending earlier in
the hearing. Senator Nelson moved that SB 1573 do not pass but
that CSSB 1573 (the Nelson 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 8 ayes, 0 nay, 0
present not voting, and 1 absent. Pursuant to motions in
writing, unanimous consent was requested and granted for
Senators Duncan, Ellis, and Madla to be shown voting aye (the 8
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.
The chairman laid out SB 1089 and recognized the author, Senator
Averitt, to explain the bill. 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. Senator Averitt requested that SB 1089 be left pending
so that he could wait and pick up the house companion. Chairman
Ratliff then moved that SB 1089 be left pending; without
objection, it was so ordered. During the consideration of
SB 1089, Senator Staples was in the chair for a brief period of
time.
The chairman laid out SB 1535 and recognized the author, Senator
Wentworth, to explain the bill. 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. Senator Wentworth requested that SB 1535 be left
pending so that he could wait and pick up the house companion.
Chairman Ratliff then moved that SB 1535 be left pending;
without objection, it was so ordered.
The chairman laid out SB 1695 and recognized the author, Senator
Wentworth, to explain the bill. Senator Staples sent up a
committee substitute; the chair recognized Senator Wentworth to
explain the difference between the committee substitute and the
bill as filed. 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.
Chairman Ratliff moved that SB 1695 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Fraser moved that SB 1695 do not pass but that
CSSB 1695 (the Staples 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 a motion in
writing, unanimous consent was requested and granted for Senator
Nelson to be shown voting aye (the 7 ayes include the motion in
writing). Senator Fraser moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SJR 58 and recognized the author, Senator
Wentworth, to explain the bill. Senator Nelson sent up a
committee substitute; the chair recognized Senator Wentworth to
explain the difference between the committee substitute and the
bill as filed. Senator Nelson moved adoption of the committee
substitute; without objection, it was so ordered. Chairman
Ratliff opened public testimony. There being no one present
registered or wishing to testify, the chairman moved that public
testimony be closed; without objection, it was so ordered.
Senator Fraser moved that SJR 58 do not pass but that CSSJR 58
be reported back to the Senate with the recommendation that it
do pass and be printed. While the clerk proceeded to call the
roll, the results were never announced, and the chairman moved
that CSSJR 58 be left pending; without objection, it was so
ordered.
The chairman laid out SB 1643 and recognized the author, Senator
Staples, to explain the bill. 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. Senator Staples sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Staples requested unanimous consent to roll the
amendment into a committee substitute; without objection, it was
so ordered. Chairman Ratliff moved that SB 1643 be left pending
to await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Staples moved that SB 1643 do not
pass but that CSSB 1643 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 Nelson
to be shown voting aye (the 7 ayes include the motion in
writing). Senator Staples moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SB 1388 and recognized Senator Nelson, in
the absence of the author, to explain the bill. Senator Nelson
sent up a committee substitute; the chair recognized Senator
Nelson to explain the difference between the committee
substitute and the bill as filed. 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. Chairman Ratliff moved that SB 1388 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Staples moved that SB 1388 do not
pass but that CSSB 1388 (the Nelson 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 a motion
in writing, unanimous consent was requested and granted for
Senator Nelson to be shown voting aye (the 7 ayes include the
motion in writing). Senator Staples moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chairman laid out SB 1173 and recognized the author, Senator
Janek, to explain the bill. 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 Nelson moved that SB 1173
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 Madla 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.
The chairman laid out, as pending business, SB 1160 and
recognized the author, Senator Barrientos, to explain the bill.
Senator Ellis sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. Senator Ellis
requested unanimous consent to roll the amendment into a
committee substitute; without objection, it was so ordered.
Chairman Ratliff moved that SB 1160 be left pending to await a
quorum; without objection, it was so ordered. Upon arrival of a
quorum, Senator Staples moved that SB 1160 do not pass but that
CSSB 1160 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, 1 nay, 0 present not voting, and 2
absent. Pursuant to a motion in writing, unanimous consent was
requested and granted for Senator Nelson to be shown voting aye
(the 7 ayes include the motion in writing).
There being no further business, at 9:50 a.m. Chairman 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