MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                               Monday, April 11, 2005 
                                     9:00 a.m. 
                                   Senate Chamber 
                                           
                                       ***** 
                                           
         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 Monday, April 11, 2005, in the Senate Chamber at  
         Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Robert Duncan                   Senator Chris Harris 
         Senator Tommy Williams 
         Senator Kenneth Armbrister 
         Senator Rodney Ellis 
         Senator Troy Fraser 
         Senator Mike Jackson 
         Senator Eddie Lucio, Jr. 
         Senator Frank Madla 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 9:07 a.m.  There being  
         a quorum present, the following business was transacted:   
          
         The chair laid out SB 1323 and recognized the author, Senator  
         Armbrister, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  The bill was left pending before  
         the committee. 
          
         The chair laid out SB 805 and recognized the author, Senator  
         Averitt, to explain the bill.  Senator Armbrister sent up a  
         committee substitute; the chair recognized Senator Averitt to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Armbrister moved adoption of the  
         committee substitute; without objection, it was so ordered.   
         Senator Armbrister moved that SB 805 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Armbrister moved that SB 805 do not pass but  
         that CSSB 805 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.  Senator Armbrister moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
  
         The chair laid out SB 809 and recognized the author, Senator  
         Averitt, to explain the bill.  Senator Armbrister sent up a  
         committee substitute; the chair recognized Senator Averitt to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Armbrister sent up Committee Amendments  
         one and two; the chair recognized Senator Averitt to explain the  
         amendments.  Witnesses testifying and registering on the bill  
         are shown on the attached list.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.  The  
         bill was left pending before the committee. 
          
         The chair laid out SB 449 and recognized Senator Armbrister, in  
         the absence of the author, to explain the bill.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Armbrister moved  
         that SB 449 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Jackson moved that SB 449 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.  Senator Jackson moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out pending business SB 442 by Hinojosa. Senator  
         Jackson sent up a committee substitute; the chair recognized  
         Senator Hinojosa to explain the difference between the committee  
         substitute and the bill as filed.  Senator Jackson moved  
         adoption of the committee substitute; without objection, it was  
         so ordered.  Senator Jackson moved that SB 442 be left pending  
         to await a quorum; without objection, it was so ordered. Upon  
         arrival of a quorum, Senator Jackson moved that SB 442 do not  
         pass but that CSSB 442 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.  
          
         The chair laid out SB 895 and recognized the author, Senator  
         Carona, to explain the bill.  Senator Madla sent up a committee  
         substitute; the chair recognized Senator Carona 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  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Madla moved that  
         SB 895 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Madla moved  
         that SB 895 do not pass but that CSSB 895 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.   
          
         The chair laid out SB 1052 and recognized Senator Lucio, Jr., in  
         the absence of the author, to explain the bill.  Senator  
         Armbrister 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.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Fraser requested  
         unanimous consent to incorporate amendments into the committee  
         substitute; without objection, it was so ordered.  Senator  
         Fraser then moved that the new committee substitute be adopted;  
         without objection, it was so ordered.  Senator Fraser moved that  
         SB 1052 do not pass but that CSSB 1052 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.  Senator Armbrister moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out SB 1272 and recognized the author, Senator  
         Jackson, to explain the bill.  Senator Jackson sent up a  
         committee substitute; the chair recognized Senator Jackson to  
         explain the difference between the committee substitute and the  
         bill as filed.  Senator Jackson moved adoption of the committee  
         substitute; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Duncan moved that  
         SB 1272 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Jackson moved  
         that SB 1272 do not pass but that CSSB 1272 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.  Senator Jackson moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         The chair laid out pending business SB 1510.  Senator Ellis sent  
         up a committee substitute.  The bill was left pending before the  
         committee.   
          
         The chair laid out pending business SB 728.  Senator Ellis sent  
         up a committee substitute; the chair recognized Senator  
         Wentworth to explain the difference between the committee  
         substitute and the bill as filed.  Senator Ellis moved adoption  
         of the committee substitute; without objection, it was so  
         ordered.  Senator Duncan moved that SB 728 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Ellis moved that SB 728 do not pass  
         but that CSSB 728 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.  Senator Ellis moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Duncan moved that the committee stand recessed until  
         after adjournment of the Senate; without objection, it was so  
         ordered.   
          
         At 4:29 p.m. the committee reconvened.   
          
         The chair laid out SB 15 and recognized the author, Senator  
         Janek, to explain the bill.  Senator Jackson sent up a committee  
         substitute; the chair recognized Senator Janek to explain the  
         difference between the committee substitute and the bill as  
         filed.  Senator Ellis moved to place time limits on public  
         testimony; without objection, it was so ordered.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  The bill was left pending  
         before the committee.   
          
         There being no further business, Senator Duncan moved that the  
         Committee stand recessed subject to the call of the chair.   
         Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Robert Duncan, Chair 
          
         _____________________________ 
         Teddy Carter, Clerk