MINUTES 
                                           
                           Committee on Veteran Affairs & 
                               Military Installations 
                                           
                             Wednesday, March 12, 2003 
              1:30 p.m. (or upon adjournment of the Senate--whichever  
                                     is later) 
                             Betty King Committee Room 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate  
         Rule 11.18, a public hearing of the Texas Senate  
         Committee on Veteran Affairs and Military Installations  
         was held on Wednesday, March 12, 2003, in the Betty  
         King Committee Room (2E.20) of the State Capitol  
         Building, behind the Senate Chamber, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Leticia Van de Putte, Chair     Senator Troy  
                                                 Fraser 
         Senator Craig Estes, Vice Chair         Senator Frank Madla 
         Senator Eliot Shapleigh                 (Senator Madla was  
                                                 excused due to  
                                                 illness) 
                                           
                                       ***** 
                                           
         The Chair called the hearing to order at 1:42 p.m.,  
         pursuant to the RECESS of the Committee's last hearing  
         which was held on Wednesday, March 5, 2003. 
          
         The Chair requested that Senator Jeff  
         Wentworth--present to offer testimony for a bill on  
         today's agenda--lead the audience, the members, and the  
         staff, in the Pledge of Allegiance to the American  
         Flag. 
          
         The Chair urged those persons wishing to testify, for,  
         against, or on any bill appearing on today's agenda to  
         fill out a Witness Registration Card and pointed out  
         that by signing the Card, the witness is already  
         swearing to tell the truth, the whole truth, and  
         nothing but the truth. 
          
         The Chair stated that approval of the minutes of the  
         previous hearing, held Wednesday, March 5, 2003, would  
         be deferred until a quorum of the Committee could be  
         established. 
          
         The Chair made a statement relative to the policy of  
  
         the Committee which prohibits the use of cellular  
         telephones during the hearing. 
          
         The Chair laid before the Committee Senate Bill No. 173  
         and called upon its author, Senator Jane Nelson, to  
         explain the bill.  Senator Nelson did so.  A complete  
         committee substitute for Senate Bill No. 173  
         (Legislative Council inventory number 78R8200 RCJ-D)  
         was laid before the Committee in lieu of the original  
         bill. 
          
         The Chair noted that all testimony and activities in  
         the committee room are being recorded and transmitted. 
          
         The Chair recognized Major General Wayne D. Marty,  
         Adjutant General of the State of Texas, and Staff Judge  
         Advocate (SGR-JAG) Colonel Bill M. Reimer, Texas Army  
         National Guard, to come forward and testify.  General  
         Marty commenced testimony ON the Committee Substitute  
         for Senate Bill No. 173 and then Colonel Bill M. Reimer  
         commenced testimony ON the Committee Substitute for  
         Senate Bill No. 173.  The two then testified in tandem. 
          
         Senator Shapleigh now present (1:54 p.m.) 
          
         The Chair recognized Mr. Dan Wilson, Executive  
         Assistant, Office of the Comptroller of Public  
         Accounts, who testified ON the Committee Substitute for  
         Senate Bill No. 173. 
          
         The Chair recognized The Honorable Mary Horn, County  
         Judge of Denton County, who testified IN FAVOR OF the  
         Committee Substitute for Senate Bill No. 173. 
         The Chair asked if anyone else would like to testify  
         for, against, or on the Committee Substitute for Senate  
         Bill No. 173.  There was no response.  The Chair  
         declared public testimony to be closed on the Committee  
         Substitute for Senate Bill No. 173. 
          
         Senator Nelson requested that the Committee Substitute  
         for Senate Bill No. 173 NOT be sent to the Local and  
         Uncontested Calendar but, rather, be processed in the  
         usual manner so that action may be taken upon it on the  
         floor of the full Senate so that a two-thirds vote  
         might be obtained in order to possibly afford the bill  
         immediate effect. 
          
         The Chair announced that Committee Substitute for  
         Senate Bill No. 173 would be temporarily left pending  
         until the arrival of a quorum at today's hearing. 
          
         The Chair laid before the Committee both Senate Bill  
         No. 81 as well as Senate Bill No. 85 and first called  
         upon Senator Judith Zaffirini, author of Senate Bill  
         No. 81, to explain that bill.  Senator Zaffirini did  
  
         so. The Chair then called upon Senator Jeff Wentworth,  
         author of Senate Bill No. 85, to explain that bill.   
         Senator Wentworth asked that a Committee Substitute for  
         Senate Bill No. 85 be considered in lieu of the  
         original bill.  The Chair laid before the Committee the  
         complete Committee Substitute for Senate Bill No. 85  
         (Legislative Council inventory number 78R8431 JRD-D),  
         and Senator Wentworth explained the Committee  
         Substitute for that bill. 
          
         The Chair recognized The Honorable Gerry Rickhoff,  
         County Clerk of Bexar County, who testified IN FAVOR OF  
         Senate Bill No. 81 and the Committee Substitute for  
         Senate Bill No. 85. 
          
         At the request of the Chair, Senator Wentworth offered  
         further explanation of the Committee Substitute for  
         Senate Bill No. 85. 
         The Chair recognized Mr. Eliseo "EZ" Mull, Recording  
         Manager, Bexar County Clerk's Office, who testified IN  
         FAVOR OF Senate Bill No. 81 and the Committee  
         Substitute for Senate Bill No. 85. 
          
         The Chair recognized Mr. Michael Palmquist, Department  
         Adjutant, The American Legion, who testified IN FAVOR  
         OF the Committee Substitute for Senate Bill No. 85. 
          
         The Vice Chair posed questions to Senator Wentworth.   
         Senator Wentworth responded to those questions. 
          
         The Chair recognized Mr. Danny T. Lents, who testified  
         IN FAVOR OF Senate Bill No. 81 and the Committee  
         Substitute for Senate Bill No. 85.  Mr. Lents provided  
         written material to accompany his testimony. 
          
         Senator Wentworth posed questions to Mr. Lents.  Mr.  
         Lents responded to those questions. 
          
         The Chair recognized Mr. Chris LaPlante to testify ON  
         Senate Bill No. 81 and the Committee Substitute for  
         Senate Bill No. 85.  Before that could commence, the  
         Chair announced that the Committee would temporarily  
         suspend testimony on Senate Bill No. 81 and the  
         Committee Substitute for Senate Bill No. 85, so that  
         the Committee could resume consideration of the  
         Committee Substitute for Senate Bill No. 173 (78R8200  
         RCJ-D) while a quorum was in fact present. 
          
         The Chair called up the Committee Substitute for Senate  
         Bill No. 173 and announced that public testimony on  
         same had been closed. 
          
         On motion of Senator Shapleigh, seconded by Vice Chair  
         Estes, the Committee voted (3 YEAS--Chair Van de Putte,  
         Vice Chair Estes and Shapleigh; 0 NAYS; 2  
  
         ABSENT--Fraser and Madla; and 0 PNV) to favorably  
         recommend the Committee Substitute for Senate Bill No.  
         173--in lieu of the original Senate Bill No. 173--back  
         to the full Senate with the recommendation that it do  
         pass. 
          
         The Committee resumed its consideration of Senate Bill  
         No. 81 and the Committee Substitute for Senate Bill No.  
         85. 
          
         Mr. Chris LaPlante commenced his testimony ON Senate  
         Bill No. 81 and the Committee Substitute for Senate  
         Bill No. 85. 
          
         The Chair posed questions to Mr. LaPlante.  Mr.  
         LaPlante responded to those questions. 
          
         The Chair noted that Mr. Seth Mitchell,  
         Intergovernmental Services Manager, Bexar County  
         Commissioners Court, had registered IN FAVOR OF Senate  
         Bill No. 81 and the Committee Substitute for Senate  
         Bill No. 85, but that Mr. Mitchell did not wish to  
         actually testify. 
          
         The Chair recognized Mr. Allen Place, representing the  
         Texas Land Title Association, to testify ON Senate Bill  
         No. 81 and the Committee Substitute for Senate Bill No.  
         85. 
         The Chair posed questions to Mr. Place.  Mr. Place  
         responded to those questions. 
          
         The Chair noted that Mr. Jim Campbell, representing the  
         City of San Antonio, had registered IN FAVOR OF Senate  
         Bill No. 81 and the Committee Substitute for Senate  
         Bill No. 85, but that Mr. Campbell did not wish to  
         actually testify. 
          
         The Chair asked if there were any other persons present  
         wishing to testify, for, against, or on Senate Bill No.  
         81 or the Committee Substitute for Senate Bill No. 85.   
         There was no response.  The Chair announced that the  
         public testimony on Senate Bill No. 81 and on the  
         Committee Substitute for Senate Bill No. 85 would now  
         be closed.  The Chair announced that Senate Bill No. 81  
         and the Committee Substitute for Senate Bill No. 85  
         would both be left pending before the Committee. 
          
         The Chair laid before the Committee Senate Bill No. 655  
         and called upon its author, Senator Eliot Shapleigh, a  
         member of the Committee, to explain the bill.  Senator  
         Shapleigh did so. 
          
         Senator Shapleigh offered a complete Committee  
         Substitute for Senate Bill No. 655 (Legislative Council  
         inventory number 78R8580 MXM-D).  The Chair laid the  
  
         Committee Substitute before the Committee in lieu of  
         the original bill. 
          
         The Chair recognized Mr. Cruz Montemayor, Information  
         and Training Director, Texas Veterans' Commission, and  
         Mr. James E. Nier, Executive Director, Texas Veterans'  
         Commission, as well as Mr. Phil Barrett,  
         Director-TexasOnLine, Department of Information  
         Resources-TexasOnLine, who all three testified in  
         tandem ON the Committee Substitute for Senate Bill No.  
         655, and narrated a concomitant slide presentation on  
         the "E-Vets" website on the Internet. 
          
         Senator Shapleigh offered further explanation of need  
         for the legislation. 
          
         The Chair posed questions about electronic signatures.   
         Mr. Barrett and Senator Shapleigh responded to those  
         questions. 
          
         The Chair posed questions about SECTION 3 of the  
         Committee Substitute for Senate Bill No. 655, at Page  
         3, Lines 24 and 25.  Senator Shapleigh responded to  
         those questions. 
          
         The Chair called attention to the Fiscal Note prepared  
         for the original version of Senate Bill No. 655.   
         Senator Shapleigh and Mr. Barrett responded by pointing  
         out that the costs referred to in the Fiscal Note would  
         not apply to the Committee Substitute for Senate Bill  
         No. 655.  
         Senator Shapleigh offered Committee Amendment No. 1  
         (not prepared by Legislative Council nor by the Senate  
         Enrolling and Engrossing Office) to the Committee  
         Substitute for Senate Bill No. 655 (Legislative Council  
         inventory number 78R8580 MXM-D). 
          
         The Chair posed questions about the fiscal implications  
         of provisions contained within the Committee Substitute  
         for Senate Bill No. 655.  Senator Shapleigh and Mr.  
         Nier responded to those questions. 
          
         The aforementioned Committee Amendment No. 1 to the  
         Committee Substitute for Senate Bill No. 655 was  
         adopted without objection.  The Chair ordered that  
         Committee Amendment No. 1 be put into the body of the  
         Committee Substitute for Senate Bill No. 655 (78R8580  
         MXM-D) so that the Committee would report back to the  
         full Senate one unified document containing the  
         provisions of Committee Amendment No. 1. 
          
         The Chair asked if there was anyone else present  
         wishing to testify for, against, or on Committee  
         Substitute for Senate Bill No. 655, and then asked if  
         Mr. Jim Duncan, of the Texas Veterans' Commission,  
  
         would like to testify.  Mr. Nier informed the Chair  
         that Mr. Duncan had to leave the hearing for another  
         committee's hearing and, therefore, would not be able  
         to testify.  Mr. Duncan had, however, registered ON  
         Senate Bill No. 655. 
          
         The Chair posed questions relative to official  
         government forms executed electronically, and the  
         potential ramifications of making an unintentional  
         error upon such a form, and the availability of  
         assistance to persons filling out such forms  
         electronically.  Mr. Barrett and Senator Shapleigh  
         responded to those questions. 
          
         The Chair asked if there was anyone else present  
         wishing to testify for, against, or on the Committee  
         Substitute for Senate Bill No. 655.  There was no  
         response.  The Chair then announced that the public  
         testimony on the Committee Substitute for Senate Bill  
         No. 655 had now closed. 
          
         On motion of Senator Shapleigh, the Committee voted (3  
         YEAS--Chair Van de Putte, Vice Chair Estes and  
         Shapleigh; 0 NAYS; 2 ABSENT--Fraser and Madla; and 0  
         PNV) to favorably recommend the Committee Substitute  
         for Senate Bill No. 655 (Legislative Council inventory  
         number 78R8580 MXM-D)--in lieu of the original Senate  
         Bill No. 655--back to the full Senate with the  
         recommendation that it do pass.  In compliance with the  
         previous order of the Chair, the provisions of the  
         aforementioned (and previously-adopted) Committee  
         Amendment No. 1 are to be reflected in the Committee  
         Substitute for Senate Bill No. 655, and the Legislative  
         Council is then to be asked to prepare a revised  
         Committee Substitute to replace the one designated as  
         78R8580 MXM-D. 
          
         The Chair laid before the Committee Senate Bill No. 583  
         and called upon its author, Senator Eliot Shapleigh, a  
         member of the Committee, to explain the bill.  Senator  
         Shapleigh did so. 
          
         The Chair posed questions to Senator Shapleigh relative  
         to strategies for the current war on terrorism and  
         about security and public access to information.   
         Senator Shapleigh responded to those questions. 
          
         The Vice Chair posed questions to Senator Shapleigh  
         relative to the federal government ignoring the  
         provisions of Senate Bill No. 583 if that bill should  
         become state law and if it would be in conflict with  
         federal law or with federal policies.  Senator  
         Shapleigh responded to those questions. 
          
         The Chair asked if there were any other persons present  
  
         wishing to testify for, against, or on Senate Bill No.  
         583.  There was no response.  The Chair announced that  
         public testimony on Senate Bill No. 583 had now closed. 
          
         The Chair noted that Major General Wayne D. Marty had  
         registered ON Senate Bill No. 583, but that General  
         Marty was no longer present at the hearing and,  
         therefore, would not be able to testify. 
          
         On motion of Senator Shapleigh, the Committee voted (3  
         YEAS--Chair Van de Putte, Vice Chair Estes and Senator  
         Shapleigh; 0 NAYS; 2 ABSENT--Fraser and Madla; and 0  
         PNV) to favorably report Senate Bill No. 583 back to  
         the full Senate with the recommendation that it do  
         pass.  On motion of Senator Shapleigh, and without  
         objection, Senate Bill No. 583 was recommended for the  
         Local and Uncontested calendar. 
          
         The Chair laid before the Committee the minutes of the  
         previous hearing of the Committee which had been held  
         on Wednesday, March 5, 2003.  On motion of Senator  
         Shapleigh, and without objection, those minutes were  
         approved. 
          
         There being no further business, the Chair, at 3:49  
         p.m., RECESSED the Committee subject to the call of the  
         Chair. 
          
         _____________________________________________ 
         LETICIA VAN DE PUTTE, R.Ph., Chair 
          
         ______________________________________________ 
         GREGORY D. WATSON, Committee Clerk