MINUTES 
                                           
                         SENATE COMMITTEE ON STATE AFFAIRS 
                               Thursday, May 5, 2005 
                           11:00 a.m. or upon adjournment 
                                   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 Thursday, May 5, 2005, in the Senate Chamber at  
         Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Robert Duncan                   None 
         Senator Tommy Williams 
         Senator Kenneth Armbrister 
         Senator Rodney Ellis 
         Senator Troy Fraser 
         Senator Chris Harris 
         Senator Mike Jackson 
         Senator Eddie Lucio, Jr. 
         Senator Frank Madla 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:30 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         Senator Lucio moved that public testimony be limited to 2  
         minutes per person; without objection, it was so ordered.   
          
         The chair laid out HB 7 and recognized the Senate sponsor,  
         Senator Staples, to explain the bill.  Senator Armbrister sent  
         up a committee substitute; the chair recognized Senator Staples  
         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.   
         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 HB 7 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Armbrister moved that HB 7 do not pass but that CSHB 7 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 9  
         ayes, 0 nay, 0 present not voting, and 0 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 HB 1562 and recognized the Senate sponsor,  
         Senator Madla, to explain the bill.  The chair moved that the  
         public testimony be closed; without objection, it was so  
         ordered.  Senator Duncan moved that HB 1562 be left pending to  
         await a quorum; without objection, it was so ordered.  Upon  
         arrival of a quorum, Senator Madla moved that HB 1562 be  
         reported favorably to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 9 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator  
         Harris moved that the bill be recommended for placement on the  
         Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         The chair laid out HB 654 and recognized Senator Madla, in the  
         absence of the Senate sponsor, 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 Duncan moved that  
         HB 654 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Madla moved  
         that HB 654 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 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 HB 655 and recognized Senator Madla, in the  
         absence of the Senate sponsor, 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 Duncan moved that  
         HB 655 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Ellis moved  
         that HB 655 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 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 1401 and recognized the author, Senator  
         Ellis, 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. 
          
         Senator Ellis resumed the chair.   
          
         The chair laid out HB 350 and recognized the Senate sponsor,  
         Senator Duncan, 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 Duncan moved that HB 350  
         be left pending to await a quorum; without objection, it was so  
         ordered.  Upon arrival of a quorum, Senator Armbrister moved  
         that HB 350 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 9 ayes, 0 nay, 0 present not  
         voting, and 0 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 HB 417 and recognized Senator Duncan, in the  
         absence of the Senate sponsor, to explain the bill.  The chair  
         moved that the public testimony be closed; without objection, it  
         was so ordered.  Senator Duncan moved that HB 417 be left  
         pending to await a quorum; without objection, it was so ordered.   
         Upon arrival of a quorum, Senator Fraser moved that HB 417 be  
         reported favorably to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 9 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator  
         Armbrister moved that the bill be recommended for placement on  
         the Local & Uncontested Calendar; without objection, it was so  
         ordered.   
          
         Senator Duncan resumed the chair.   
          
         The chair laid out SB 751 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Senator Madla sent up a  
         committee substitute; the chair recognized Senator Van de Putte  
         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 Duncan  
         moved that SB 751 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Madla moved that SB 751 do not pass but that CSSB 751 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, 1 nay, 0 present not voting, and 0 absent.   
          
         The chair laid out SB 1094 and recognized the author, Senator  
         Van de Putte, 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. 
          
         Senator Madla assumed the chair.   
          
         The chair laid out SB 555 and recognized Senator Duncan, in the  
         absence of the author, to explain the bill.  The chair moved  
         that the public testimony be closed; without objection, it was  
         so ordered.  The bill was left pending before the committee. 
          
         Senator Duncan resumed the chair.   
          
         The chair laid out pending business SB 70.  A committee  
         substitute was pending before the committee from a previous  
         hearing.  Senator Lucio offered Committee Amendment 1 to the  
         committee substitute and moved adoption; without objection, the  
         amendment was adopted.  Senator Lucio then moved to have  
         Committee Amendment 1 rolled into the committee substitute,  
         creating a new committee substitute.  Senator Williams moved  
         adoption of the new committee substitute; without objection, it  
         was so adopted.  Senator Lucio, Jr. moved that SB 555 do not  
         pass but that CSSB 555 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, 2 nays, 0 present not  
         voting, and 1 absent.   
          
         The chair laid out pending business SB 1128 by Hinojosa.   
         Senator Armbrister sent up a committee substitute; the chair  
         recognized Senator Hinojosa 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 the  
         committee meet at Senator Duncan's desk upon the floor of the  
         Senate upon adjournment of the full senate on May 6, 2005, in  
         order to take up and consider SB 555 and SB 1128.   
          
         At 3:33 p.m. Senator Duncan moved that the committee stand  
         recessed until upon adjournment on May 6, 2005, at Senator  
         Duncan's senate desk; without objection, it was so ordered.   
          
         May 6, 2005 
         After suspending the 24-hour posting rule, the committee  
         reconvened at Senator Duncan's Desk on the floor of the senate.   
         In attendance were: Chairman Duncan, Senator Williams, Senator  
         Armbrister, Senator Fraser, Senator Jackson, Senator Lucio, and  
         Senator Madla.   
          
         The chair laid out pending business SB 555.  Senator Lucio sent  
         up Committee Amendment 1 and moved adoption; without objection,  
         the amendment was adopted.  Senator Lucio moved that Committee  
         Amendment 1 be rolled into the body of the bill, creating a new  
         committee substitute; without objection, it was so ordered.   
         Senator Lucio moved adoption of the new committee substitute;  
         without objection, it was so ordered. Senator Lucio, Jr. moved  
         that SB 555 do not pass but that CSSB 555 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.  Senator Lucio, Jr.  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         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