MINUTES

 

SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

Wednesday, April 15, 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, April 15, 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 Jeff Wentworth

 

Senator Dan Patrick

 

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The Chair called the meeting to order at 9:31 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 April 8, 2009; without objection, it was so ordered. 

 

As a matter of pending business, the Chair laid out SB 588 and Senator Nichols moved that SB 588 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

As a matter of pending business, the Chair laid out SB 660 and Senator Nichols moved that SB 660 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

As a matter of pending business, the Chair laid out SB 894 and Senator Nichols moved that SB 894 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

As a matter of pending business, the Chair laid out SB 1038 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill.

 

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

 

Senator Gallegos, Jr. requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Gallegos, Jr. then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Gallegos, Jr. moved that SB 1038 do not pass but that CSSB 1038 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, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

As a matter of pending business, the Chair laid out SB 1039 and Senator Gallegos, Jr. moved that SB 1039 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

As a matter of pending business, the Chair laid out SB 1337 and Senator Nichols moved that SB 1337 do not pass but that the previously adopted CSSB 1337 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, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

As a matter of pending business, Senator Nichols asked to reconsider the vote by which SB 1860 was passed; without objection, it was so ordered.  The Chair laid out SB 1860 and Senator Gallegos, Jr. moved adoption of the new committee substitute; without objection, it was so ordered.   

 

Senator Nichols moved that SB 1860 do not pass but that CSSB 1860 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 Nichols moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the Chair laid out SB 2410 and Senator Nichols moved that SB 2410 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. 

 

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

 

As a matter of pending business, the Chair laid out SB 2455 and Senator Nichols moved that SB 2455 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. 

 

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

 

As a matter of pending business, the Chair laid out SB 2460 and Senator Nichols moved that SB 2460 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. 

 

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

 

As a matter of pending business, the Chair laid out SB 2466 and Senator Nichols moved that SB 2466 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. 

 

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

 

As a matter of pending business, the Chair laid out SB 2479 and Senator Nichols moved that SB 2479 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. 

 

The Chair laid out SB 2446 and recognized the author, Senator Uresti, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Uresti to explain the difference between the committee substitute and the senate bill as filed. 

 

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 2446 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1554 and recognized the author, Senator Gallegos, Jr., 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 Gallegos, Jr. moved that SB 1554 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 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 2053 and recognized the author, Senator Williams, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Williams to explain the difference between the committee substitute and the senate bill as filed.  Senator Gallegos, Jr. 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 Gallegos, Jr. moved that SB 2053 do not pass but that CSSB 2053 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, 0 nay, 0 present not voting, and 2 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 2483 and recognized the author, Senator Williams, 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. 

 

Upon arrival of a quorum, Senator Wentworth moved that SB 2483 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

The Chair laid out SB 1890 and recognized the author, Senator Gallegos, Jr., 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 Gallegos, Jr. moved that SB 1890 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 3 ayes, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

At 10:25 a.m., Senator Wentworth assumed the Chair. 

 

As a matter of pending business, the Chair laid out SB 1448 and Senator West moved that SB 1448 do not pass but that the previously adopted CSSB 1448 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, 1 nay, 0 present not voting, and 1 absent. 

 

As a matter of pending business, the Chair laid out SB 1705 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 moved that SB 1705 do not pass but that CSSB 1705 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 10:27 a.m., Senator West resumed the Chair. 

 

As a matter of pending business, the Chair laid out SB 1638 and recognized the author, Senator Wentworth, to explain the bill. 

 

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

 

Senator Wentworth moved that SB 1638 do not pass but that CSSB 1638 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

As a matter of pending business, the Chair laid out SB 2478 and recognized the author, Senator Wentworth, to explain the bill. 

 

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

 

Senator Wentworth moved that SB 2478 do not pass but that CSSB 2478 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out SB 2099 and recognized the author, Senator Wentworth, to explain the bill. 

 

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

 

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

 

Senator Wentworth requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Wentworth 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 West moved that SB 2099 be left pending; without objection, it was so ordered. 

 

At 10:50 a.m., Senator Wentworth assumed the Chair. 

 

The Chair laid out SB 1943 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 1943 do not pass but that CSSB 1943 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, 0 nay, 0 present not voting, and 2 absent. 

 

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

 

At 10:54 a.m., Senator West resumed the Chair. 

 

At 10:54 a.m., Senator West moved that the committee stand recessed until 10 minutes after adjournment of the Senate; without objection, it was so ordered.

 

At 3:06 p.m., the committee reconvened.   

 

The Chair laid out SB 2093 and recognized the author, Senator Duncan, to explain the bill. 

 

There were no witnesses registered to testify for this bill.

 

Senator West moved that SB 2093 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 615 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 West moved that SB 615 be left pending; without objection, it was so ordered. 

 

At 3:12 p.m., Senator Gallegos, Jr. assumed the Chair. 

 

The Chair laid out SB 1717 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 Gallegos, Jr. moved that SB 1717 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1945 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. 

 

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 Gallegos, Jr. moved that SB 1945 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1946 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. 

 

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 Gallegos, Jr. moved that SB 1946 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 2145 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. 

 

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 Gallegos, Jr. moved that SB 2145 be left pending; without objection, it was so ordered. 

 

At 3:30 p.m., Senator West resumed the Chair. 

 

The Chair laid out SB 2081 and recognized the author, Senator Uresti, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Uresti to explain the difference between the committee substitute and the senate bill as filed. 

 

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 2081 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 2447 and recognized Senator Uresti, in the absence of the author, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Uresti to explain the difference between the committee substitute and the senate bill as filed. 

 

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 2447 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1861 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Gallegos, Jr. to explain the difference between the committee substitute and the senate bill as filed. 

 

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 1861 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 2470 and recognized the author, Senator Estes, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Estes to explain the difference between the committee substitute and the senate bill as filed. 

 

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 2470 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1299 and recognized Senator Gallegos, Jr., 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 West moved that SB 1299 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1687 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Gallegos, Jr. to explain the difference between the committee substitute and the senate bill as filed. 

 

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 1687 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1462 and recognized Senator Gallegos, Jr., 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 West moved that SB 1462 be left pending; without objection, it was so ordered. 

 

At 4:00 p.m., Senator Gallegos, Jr. assumed the Chair. 

The Chair laid out SB 2121 and recognized 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. 

 

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 Gallegos, Jr. moved that SB 2121 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1919 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. 

 

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 1919 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 1918 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 Gallegos, Jr. moved that SB 1918 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 2481 and recognized Senator West, 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 Gallegos, Jr. moved that SB 2481 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 2503 and recognized Senator West, 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 Gallegos, Jr. moved that SB 2503 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 2504 and recognized Senator West, 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 Gallegos, Jr.  moved that SB 2504 be left pending; without objection, it was so ordered. 

 

At 4:23 p.m., Senator West resumed the Chair. 

 

The Chair laid out SB 2467 and recognized Senator Gallegos, Jr., 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 West moved that SB 2467 be left pending; without objection, it was so ordered. 

 

The Chair laid out SB 2472 and recognized Senator Gallegos, Jr., 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 West moved that SB 2472 be left pending; without objection, it was so ordered. 

 

There being no further business, at 4:26 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

 

 

_____________________________

Tiffany White, Clerk