MINUTES
Committee on Veteran Affairs &
Military Installations
Wednesday, May 21, 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, May
21, 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 Craig Estes, Vice Chair
Senator Troy Fraser
Senator Frank Madla
Senator Eliot Shapleigh
*****
The Chair called the hearing to order at 3:43 p.m.,
pursuant to the RECESS of the Committee's last
regularly-posted hearing, which was held on Wednesday,
May 7, 2003.
The Chair requested that The Honorable Jerry Patterson,
Commissioner of the Texas General Land
Office--currently present to testify relative to items
on today's agenda--to lead the audience, the members,
and the Committee staff, in the Pledge of Allegiance to
the American Flag. Commissioner Patterson did so.
The Chair laid before the Committee House Bill No.
1223, by Representative Madden, and called upon its
Senate sponsor, Senator Craig Estes, Vice Chair of the
Committee, to explain the bill. The Vice Chair did so.
The Chair recognized both Mr. Jim Robinson, Chief
Appraiser, Harris County Appraisal District, as well as
Mr. Michael Amezquita, Chief Appraiser, Cameron
Appraisal District and Texas Association of Appraisal
Districts, to testify in tandem IN FAVOR OF House Bill
No. 1223. Messrs. Robinson and Amezquita did so.
Senator Fraser now present (3:54 p.m.) and--as a
consequence--a quorum was now present for the very
first time.
The Chair noted the presence of a quorum and directed
the Clerk to call the roll. The Clerk did so, and it
was officially ascertained that the Chair, the Vice
Chair, and Senator Fraser were present and constituted
a quorum of the Committee.
The Chair laid before the Committee the minutes of the
previous regularly-posted hearing of the Committee
which had been held on Wednesday, May 7, 2003. On
motion of the Vice Chair, and without objection, those
minutes were approved.
The Committee resumed its consideration of House Bill
No. 1223.
The Chair recognized Mr. Frank Turner, Assistant City
Manager, City of Plano, to testify IN FAVOR OF House
Bill No. 1223. Mr. Turner did so.
The Chair asked if there were any other persons present
wishing to testify for, against, or on, House Bill No.
1223. There was no response. The Chair announced that
public testimony relative to House Bill No. 1223 would
now be closed.
House Bill No. 1223 was left pending before the
Committee.
The Chair laid before the Committee House Concurrent
Resolution No. 27, by Representative Dan Ellis, ET AL.,
and called upon the Vice Chair--in the absence of
Senator Steve Ogden, the resolution's Senate
sponsor--to explain the resolution. The Vice Chair did
so.
No witness registration cards were received by the
Committee relative to House Concurrent Resolution No.
27.
The Chair asked if there were any persons present
wishing to testify for, against, or on, House
Concurrent Resolution No. 27. There was no response.
The Chair announced that public testimony relative to
House Concurrent Resolution No. 27 would now be closed.
Belatedly, the Committee was presented with a witness
registration card from General Jim Robinson, Major
General (Retired) Texas State Guard, representing only
himself. Public testimony was then re-opened and
General Robinson was recognized to testify IN FAVOR OF
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Wednesday, May 21, 2003
Page 3
House Concurrent Resolution No. 27. General Robinson
did so. (He had testified earlier in the hearing--in a
different capacity--relative to House Bill No. 1223).
Public testimony relative to House Concurrent
Resolution No. 27 was again closed.
House Concurrent Resolution No. 27 was left pending
before the Committee.
The Chair simultaneously laid before the Committee both
House Bill No. 1749, by Representative Hupp, as well as
House Joint Resolution No. 68, by Representative Hupp,
ET AL., and called upon the Vice Chair--in the absence
of Senator Troy Fraser, the Senate sponsor of these two
items, and a himself member of the Committee--to
explain both of them in tandem. The Vice Chair did so.
The Chair recognized The Honorable Jerry Patterson,
Commissioner of the Texas General Land Office, to
testify IN FAVOR OF both House Bill No. 1749 and House
Joint Resolution No. 68. Commissioner Patterson did
so.
The Chair noted that Mr. Rusty Martin, Director of
Funds Management, Texas General Land Office and Texas
Veterans' Land Board, had registered ON both House Bill
No. 1749 as well as House Joint Resolution No. 68
and--although present--Mr. Martin did not wish to
actually testify.
The Chair noted that Mr. Doug Oldmixon, Executive
Secretary, Texas Veterans' Land Board, had registered
ON both House Bill No. 1749 as well as House Joint
Resolution No. 68 and--although present--Mr. Oldmixon
did not wish to actually testify.
The Chair asked if there were any other persons present
wishing to testify for, against, or on, House Bill No.
1749 and/or House Joint Resolution No. 68. There was
no response. The Chair announced that public testimony
relative to both House Bill No. 1749 and House Joint
Resolution No. 68 would now be closed.
Both House Bill No. 1749 and House Joint Resolution No.
68 were left pending before the Committee.
The Chair announced that the Committee would Stand At
Ease (4:09 p.m.)
The Chair called the Committee back to order (4:43
p.m.)
The Chair asked that the Vice Chair temporarily preside
over the Committee. The Vice Chair did so.
Minutes
Wednesday, May 21, 2003
Page 4
The Vice Chair laid before the Committee House Bill No.
76, by Representative Wise, ET AL., and called upon its
Senate sponsor, Senator Leticia Van de Putte, Chair of
the Committee, to explain the bill. The Chair did so.
Senator Shapleigh now present (4:44 p.m.)
The Chair continued to explain House Bill No. 76.
No witness registration cards were received by the
Committee relative to House Bill No. 76.
The Vice Chair asked if there were any persons present
wishing to testify for, against, or on, House Bill No.
76. There was no response. The Vice Chair announced
that public testimony relative to House Bill No. 76
would now be closed.
On motion of the Chair, 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 report House Bill No. 76 back to the
full Senate with the recommendation that it do pass.
On motion of the Chair, and without objection, House
Bill No. 76 was recommended for placement upon the
Local and Uncontested Calendar.
The Chair resumed presiding over the Committee.
The Chair recalled before the Committee House Bill No.
1223 (considered earlier in the hearing).
On motion of the Vice Chair, 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 report House Bill No. 1223 back to
the full Senate with the recommendation that it do
pass.
On motion of the Vice Chair, and without objection,
House Bill No. 1223 was recommended for placement upon
the Local and Uncontested Calendar.
The Chair recalled before the Committee House Bill No.
1749 (considered earlier in the hearing).
On motion of the Vice Chair, 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 report House Bill No. 1749 back to
the full Senate with the recommendation that it do
pass.
On motion of Senator Shapleigh, and without objection,
Minutes
Wednesday, May 21, 2003
Page 5
House Bill No. 1749 was recommended for placement upon
the Local and Uncontested Calendar.
The Chair recalled before the Committee House Joint
Resolution No. 68 (considered earlier in the hearing).
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 report House Joint Resolution No. 68
back to the full Senate with the recommendation that it
do pass.
The Chair recalled before the Committee House
Concurrent Resolution No. 27 (considered earlier in the
hearing).
On motion of the Vice Chair, 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 report House Concurrent Resolution
No. 27 back to the full Senate with the recommendation
that it do pass.
On motion of the Vice Chair, and without objection,
House Concurrent Resolution No. 27 was recommended for
placement upon the Local and Uncontested Calendar.
The Chair asked again that the Vice Chair temporarily
preside over the Committee. The Vice Chair again did
so.
The Vice Chair laid before the Committee House Bill No.
573, by Representative Hunter, and called upon its
Senate sponsor, Senator Leticia Van de Putte, Chair of
the Committee, to explain the bill. The Chair did so.
No witness registration cards were received by the
Committee relative to House Bill No. 573.
The Vice Chair asked if there were any persons present
wishing to testify for, against, or on, House Bill No.
573. There was no response. The Vice Chair announced
that public testimony relative to House Bill No. 573
would now be closed.
House Bill No. 573 was left pending before the
Committee.
The Vice Chair laid before the Committee House Bill No.
2251, by Representative Flores, and called upon its
Senate sponsor, Senator Leticia Van de Putte, Chair of
the Committee, to explain the bill. The Chair did so.
No witness registration cards were received by the
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Wednesday, May 21, 2003
Page 6
Committee relative to House Bill No. 2251.
The Vice Chair asked if there were any persons present
wishing to testify for, against, or on, House Bill No.
2251. There was no response. The Vice Chair announced
that public testimony relative to House Bill No. 2251
would now be closed.
House Bill No. 2251 was left pending before the
Committee.
The Vice Chair laid before the Committee House Bill No.
2400, by Representative Noriega, and called upon the
Chair--in the absence of Senator Mario Gallegos, Jr.,
the bill's Senate sponsor--to explain the bill. The
Chair did so.
The Chair offered a complete committee substitute for
House Bill No. 2400 (Legislative Council Inventory
number 78R17328 KEG-D). The Vice Chair laid before the
Committee the complete committee substitute for House
Bill No. 2400 and called upon the Chair to explain the
differences between the proposed substitute and the
engrossed version of House Bill No. 2400. The Chair
did so.
The Vice Chair noted that Mr. Johnny Villarreal,
Legislative Director, Houston Fire Fighters Local 341,
had registered IN FAVOR OF House Bill No. 2400
and--although present--Mr. Villarreal did not wish to
actually testify.
The Vice Chair noted that Mr. Carvel McNeil, Jr.,
Legislative Chairman, Houston Police Patrolmen's Union,
had registered IN FAVOR OF House Bill No. 2400
and--although present--Mr. McNeil did not wish to
actually testify.
The Vice Chair noted that Mr. T. T. Moreno, Legislative
Director, San Antonio Professional Firefighters, had
registered IN FAVOR OF House Bill No. 2400
and--although present--Mr. Moreno did not wish to
actually testify.
The Vice Chair noted that Mr. Stephen Sanders, 2nd Vice
President, Texas Fraternal Order of Police, had
registered IN FAVOR OF House Bill No. 2400
and--although present--Mr. Sanders did not wish to
actually testify.
The Vice Chair asked if there were any other persons
present wishing to testify for, against, or on, the
Committee Substitute for House Bill No. 2400. There
was no response. The Vice Chair announced that public
testimony relative to the Committee Substitute for
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Wednesday, May 21, 2003
Page 7
House Bill No. 2400 would now be closed.
On motion of the Chair, 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 report the Committee Substitute for
House Bill No. 2400--in lieu of the engrossed House
Bill No. 2400--back to the full Senate with the
recommendation that it do pass.
On motion of the Chair, and without objection, the
Committee Substitute for House Bill No. 2400 was
recommended for placement upon the Local and
Uncontested Calendar.
The Vice Chair laid before the Committee House Bill No.
3211, by Representative Heflin, ET AL., and called upon
its Senator sponsor, Senator Leticia Van de Putte,
Chair of the Committee, to explain the bill. The Chair
did so.
The Vice Chair recognized the Honorable Jerry
Patterson, Commissioner of the Texas General Land
Office, to testify IN FAVOR OF House Bill No. 3211.
Commissioner Patterson did so.
The Vice Chair noted that Mr. Douglas Oldmixon,
Executive Director, Texas Veterans' Land Board, had
registered ON House Bill No. 3211 and--although
present--did not wish to actually testify.
The Vice Chair asked if there were any other persons
present wishing to testify for, against, or on, House
Bill No. 3211. There was no response. The Vice Chair
announced that public testimony relative to House Bill
No. 3211 would now be closed.
House Bill No. 3211 was left pending before the
Committee.
The Vice Chair laid before the Committee House
Concurrent Resolution No. 156, by Representative
Noriega, ET AL., and called upon its Senate sponsor,
Senator Leticia Van de Putte, Chair of the Committee,
to explain the resolution. The Chair did so.
No witness registration cards were received by the
Committee relative to House Concurrent Resolution No.
156.
The Vice Chair asked if there were any persons present
wishing to testify for, against, or on, House
Concurrent Resolution No. 156. There was no response.
The Vice Chair announced that public testimony relative
to House Concurrent Resolution No. 156 would now be
Minutes
Wednesday, May 21, 2003
Page 8
closed.
Belatedly, the Committee was presented with a witness
registration card from The Honorable Jerry Patterson,
Commissioner of the Texas General Land Office. Public
testimony was then re-opened, and Commissioner
Patterson was permitted to register IN FAVOR OF House
Concurrent Resolution No. 156, but he did not wish to
actually testify.
Public testimony relative to House Concurrent
Resolution No. 156 was again closed.
House Concurrent Resolution No. 156 was left pending
before the Committee.
The Vice Chair laid before the Committee House
Concurrent Resolution No. 161, by Representative Isett,
and called upon its Senate sponsor, Senator Leticia Van
de Putte, Chair of the Committee, to explain the
resolution. The Chair did so.
The Vice Chair recognized The Honorable Jerry
Patterson, Commissioner of the Texas General Land
Office, to testify IN FAVOR OF House Concurrent
Resolution No. 161. Commissioner Patterson did so.
The Vice Chair noted that Mr. Douglas Oldmixon,
Executive Secretary, Texas Veterans' Land Board, had
registered ON House Concurrent Resolution No. 161
and--although present--Mr. Oldmixon did not wish to
actually testify.
The Vice Chair asked if there were any other persons
present wishing to testify for, against, or on, House
Concurrent Resolution No. 161. There was no response.
The Vice Chair announced that public testimony relative
to House Concurrent Resolution No. 161 would now be
closed.
House Concurrent Resolution No. 161 was left pending
before the Committee.
The Vice Chair laid before the Committee House Joint
Resolution No. 84, by Representative Uresti, ET AL.,
and called upon its Senate sponsor, Senator Leticia Van
de Putte, Chair of the Committee, to explain the
resolution. The Chair did so.
No witness registration cards were received by the
Committee relative to House Joint Resolution No. 84.
The Vice Chair asked if there were any persons present
wishing to testify for, against, or on, House Joint
Resolution No. 84. There was no response. The Vice
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Wednesday, May 21, 2003
Page 9
Chair announced that public testimony relative to House
Joint Resolution No. 84 would now be closed.
House Joint Resolution No. 84 was left pending before
the Committee.
The Vice Chair laid before the Committee House Bill No.
2540, by Representative Menendez, and called upon its
Senate sponsor, Senator Leticia Van de Putte, Chair of
the Committee, to explain the bill. (On Wednesday, May
21, 2003, the full Senate granted the Committee
permission to hear House Bill No. 2540, notwithstanding
the Senate's 24-hour posting rule). The Chair
proceeded to explain House Bill No. 2540.
Senator Madla now present (5:29 p.m.)
The Chair continued to explain House Bill No. 2540.
The Vice Chair recognized Mr. Frank J. Garza, General
Counsel, Greater Kelly Development Authority and Brooks
Development Authority, to testify IN FAVOR OF House
Bill No. 2540. Mr. Garza did so.
The Vice Chair recognized Mr. Tom Rumora, Executive
Director, Brooks Development Authority, to testify IN
FAVOR OF House Bill No. 2540. Mr. Rumora did so.
The Vice Chair asked if there were any other persons
present wishing to testify for, against, or on, House
Bill No. 2540. There was no response. The Vice Chair
announced that public testimony relative to House Bill
No. 2540 would now be closed.
House Bill No. 2540 was left pending before the
Committee.
The Chair again resumed presiding over the Committee.
The Chair laid before the Committee House Bill No.
1173, by Representative Madden, ET AL., and called upon
its Senate sponsor, Senator Frank L. Madla, Jr., a
member of the Committee, to explain the bill. Senator
Madla did so.
No witness registration cards were received by the
Committee relative to House Bill No. 1173.
The Chair asked if there were any persons present
wishing to testify for, against, or on, House Bill No.
1173. There was no response. The Chair announced that
public testimony relative to House Bill No. 1173 would
now be closed.
On motion of Senator Madla, the Committee voted (4
Minutes
Wednesday, May 21, 2003
Page 10
YEAS--Chair Van de Putte, Vice Chair Estes, Madla and
Shapleigh; 0 NAYS; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Bill No. 1173 back to the full
Senate with the recommendation that it do pass.
On motion of Senator Madla, and without objection,
House Bill No. 1173 was recommended for placement upon
the Local and Uncontested Calendar.
The Chair again asked that the Vice Chair temporarily
preside over the Committee. The Vice Chair again did
so.
The Vice Chair recalled before the Committee House Bill
No. 573 (considered earlier in the hearing).
On motion of the Chair, the Committee voted (4
YEAS--Chair Van de Putte, Vice Chair Estes, Madla and
Shapleigh; 0 NAYS; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Bill No. 573 back to the full
Senate with the recommendation that it do pass.
On motion of the Chair, and without objection, House
Bill No. 573 was recommended for placement upon the
Local and Uncontested Calendar.
The Vice Chair recalled before the Committee House Bill
No. 2251 (considered earlier in the hearing).
On motion of the Chair, the Committee voted (4
YEAS--Chair Van de Putte, Vice Chair Estes, Madla and
Shapleigh; 0 NAYS; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Bill No. 2251 back to the full
Senate with the recommendation that it do pass.
On motion of the Chair, and without objection, House
Bill No. 2251 was recommended for placement upon the
Local and Uncontested Calendar.
The Vice Chair recalled before the Committee House Bill
No. 3211 (considered earlier in the hearing).
On motion of the Chair, the Committee voted (4
YEAS--Chair Van de Putte, Vice Chair Estes, Madla and
Shapleigh; 0 NAYS; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Bill No. 3211 back to the full
Senate with the recommendation that it do pass.
On motion of the Chair, and without objection, House
Bill No. 3211 was recommended for placement upon the
Local and Uncontested Calendar.
The Vice Chair recalled before the Committee House
Concurrent Resolution No. 156 (considered earlier in
the hearing).
Minutes
Wednesday, May 21, 2003
Page 11
On motion of the Chair, the Committee voted (4
YEAS--Chair Van de Putte, Vice Chair Estes, Madla and
Shapleigh; 0 NAYS; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Concurrent Resolution No. 156
back to the full Senate with the recommendation that it
do pass.
On motion of the Chair, and without objection, House
Concurrent Resolution No. 156 was recommended for
placement upon the Local and Uncontested Calendar.
The Vice Chair recalled before the Committee House
Concurrent Resolution No. 161 (considered earlier in
the hearing).
On motion of the Chair, the Committee voted (4
YEAS--Chair Van de Putte, Vice Chair Estes, Madla and
Shapleigh; 0 NAYS; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Concurrent Resolution No. 161
back to the full Senate with the recommendation that it
do pass.
On motion of the Chair, and without objection, House
Concurrent Resolution No. 161 was recommendation for
placement upon the Local and Uncontested Calendar.
The Vice Chair recalled before the Committee House
Joint Resolution No. 84 (considered earlier in the
hearing).
On motion of the Chair, the Committee voted (4
YEAS--Chair Van de Putte, Vice Chair Estes, Madla and
Shapleigh; 0 NAYS; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Joint Resolution No. 84 back to
the full Senate with the recommendation that it do
pass.
The Vice Chair recalled before the Committee House Bill
No. 2540 (considered earlier in the hearing).
On motion of the Chair, the Committee voted (3
YEAS--Chair Van de Putte, Madla and Shapleigh; 1
NAY--Vice Chair Estes; 1 ABSENT--Fraser; and 0 PNV) to
favorably report House Bill No. 2540 back to the full
Senate with the recommendation that it do pass.
The Chair again resumed presiding over the Committee.
There being no further business, the Chair, at 5:54
p.m., declared the Committee to be ADJOURNED.
Minutes
Wednesday, May 21, 2003
Page 12
_____________________________________________
LETICIA VAN DE PUTTE, R.Ph., Chair
______________________________________________
GREGORY D. WATSON, Committee Clerk