MINUTES

 

SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

Wednesday, March 25, 2009

9:30 a.m.

Capitol Extension, Room E1.028

 

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Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Intergovernmental Relations was held on Wednesday, March 25, 2009, in the Capitol Extension, Room E1.028, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Royce West Senator Robert Nichols Senator Mario Gallegos, Jr. Senator Dan Patrick Senator Jeff Wentworth		None

 

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The Chair called the meeting to order at 9:35 a.m.  There being a quorum present, the following business was transacted: 

 

Senator Nichols moved adoption of the minutes from the previous hearing held on March 18, 2009; without objection, it was so ordered. 

 

The Chair laid out SB 359 and recognized the author, Senator Patrick, to explain the bill. 

 

Senator Patrick sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Patrick sent up a committee substitute; the Chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Patrick requested unanimous consent to incorporate committee amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Patrick then moved that the new committee substitute be adopted; 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 Patrick moved that CSSB 359 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 575 and recognized the author, Senator Davis, 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 Nichols moved that SB 575 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 874 and recognized the author, Senator Shapleigh, 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 Nichols moved that SB 874 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 1522 and recognized the author, Senator Shapleigh, to explain the bill. 

 

Senator Nichols sent up a committee substitute; the Chair recognized Senator Shapleigh to explain the difference between the committee substitute and the senate bill as filed.  Senator Nichols 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 Nichols moved that SB 1522 do not pass but that CSSB 1522 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 9:50 a.m., Senator Nichols assumed the Chair.   

 

The Chair laid out SB 490 and recognized the author, Senator West, 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 West moved that SB 490 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 968 and recognized the author, Senator West, to explain the bill. 

 

Senator West sent up a committee substitute; the Chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator West moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator West sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. 

 

Senator West requested unanimous consent to incorporate Committee Amendment 1 and Committee Amendment 2 into the committee substitute; without objection, it was so ordered. 

Senator West then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

At 10:00 a.m., Senator Patrick assumed the Chair. 

 

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 West moved that SB 968 do not pass but that CSSB 968 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 1398 and recognized the author, Senator West, to explain the bill. 

 

Senator West sent up a committee substitute; the Chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator West 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 West moved that SB 1398 do not pass but that CSSB 1398 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 10:08 a.m., Senator West resumed the Chair. 

 

At 10:09 a.m., the committee stood at ease.

 

At 10:11 a.m., the committee reconvened.

 

At 10:12 a.m., Senator Patrick assumed the Chair.

 

The Chair laid out as a matter of pending business SB 237 and recognized the author, Senator West, to explain the bill. 

 

Senator West sent up a committee substitute; the Chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator West 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 West moved that SB 237 do not pass but that CSSB 237 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The Chair laid out as a matter of pending business SB 238 and recognized the author, Senator West, to explain the bill. 

 

Senator West sent up a committee substitute; the Chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator West 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 West moved that SB 238 be left pending; without objection, it was so ordered. 

 

The Chair laid out as a matter of pending business SB 240 and recognized the author, Senator West, to explain the bill. 

 

Senator West sent up a committee substitute; the Chair recognized Senator West to explain the difference between the committee substitute and the senate bill as filed.  Senator West 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 West moved that SB 240 do not pass but that CSSB 240 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

The Chair laid out as a matter of pending business SB 241 and recognized the author, Senator West, 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 West moved that SB 241 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

At 10:50 a.m., Senator West resumed the Chair.

 

The Chair laid out as a matter of pending business SB 361 and recognized the author, Senator Patrick, to explain the bill.   

 

Senator Patrick sent up a committee substitute; the Chair recognized Senator Patrick to explain the difference between the committee substitute and the senate bill as filed.  Senator Patrick moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Patrick moved that SB 361 do not pass but that CSSB 361 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 534 and recognized Senator Patrick, in the absence of the author, to explain the bill. 

 

 

Senator Patrick sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Patrick requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Patrick then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Patrick moved that SB 534 do not pass but that CSSB 534 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 10:55 a.m., Senator Patrick assumed the Chair.

 

The Chair laid out as a matter of pending business SB 238 and recognized the author, Senator West, who moved that SB 238 do not pass but that CSSB 238 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 1 absent. 

 

At 10:56 a.m., Senator West resumed the Chair. 

 

At 10:57 a.m., Senator West moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. 

 

Upon adoption of a motion to suspend Senate Rules 11.10 and 11.18, Senator West reconvened the committee at his desk at 2:25 p.m.

 

The Senate Posting Rules were also suspended so that the committee could take up and consider SB 1021 by Senator Gallegos.

 

The Chair laid out SB 1021 and recognized the author, Senator Gallegos, Jr., to explain the bill. 

 

There were no witnesses registered to testify on this bill.

 

Senator Gallegos, Jr. moved that SB 1021 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 959 and recognized the author, 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 Nichols moved that SB 959 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

 The Chair laid out as a matter of pending business SB 606 and Senator Nichols moved that SB 606 do not pass but that CSSB 606 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 1 nay, 0 present not voting, and 0 absent. 

 

The Chair moved to reconsider the vote by which SB 606 was passed; without objection, it was so ordered.  Senator Nichols moved that SB 606 do not pass but that CSSB 606 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 2 nays, 0 present not voting, and 0 absent. 

 

The Chair laid out as a matter of pending business SB 359 and Senator Patrick moved that SB 359 do not pass but that CSSB 359 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 0 absent. 

 

Senator Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

There being no further business, at 2:40 p.m. Senator West moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

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Senator Royce West, Chair

 

 

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Tiffany White, Clerk