MINUTES

 

SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

Wednesday, May 20, 2009

7:30 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, May 20, 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 7:31 a.m.  The following business was transacted: 

 

The Chair laid out HB 383 and recognized the Senate sponsor, Senator Seliger, to explain the bill. 

 

Senator West sent up a committee substitute; the Chair recognized Senator Seliger to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, 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 HB 383 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 383 do not pass but that CSHB 383 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. 

 

Upon arrival of a quorum, 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 HB 1473 and recognized Senator Seliger, 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 West moved that HB 1473 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Patrick moved that HB 1473 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. 

 

Upon arrival of a quorum, 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 HB 2082 and recognized Senator Seliger, 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 West moved that HB 2082 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 2082 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. 

 

Upon arrival of a quorum, 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 HB 3001 and recognized Senator Seliger, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses registered to testify on this bill. 

 

Senator West moved that HB 3001 be left pending to await a quorum; without objection, it was so ordered. 

 

 

Upon arrival of a quorum, Senator Nichols moved that HB 3001 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. 

 

Upon arrival of a quorum, 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 HB 3003 and recognized Senator Seliger, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses registered to testify on this bill.

 

Senator West moved that HB 3003 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 3003 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. 

 

Upon arrival of a quorum, 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 HB 4745 and recognized Senator Seliger, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses registered to testify on this bill. 

 

Senator West moved that HB 4745 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Wentworth moved that HB 4745 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. 

 

The Chair laid out HB 2806 and recognized the Senate sponsor, 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. 

 

Senator West moved that HB 2806 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 2806 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. 

 

Upon arrival of a quorum, 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 HB 1730 and recognized the Senate sponsor, Senator Averitt, 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 HB 1730 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Gallegos, Jr. moved that HB 1730 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. 

 

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

 

At 7:54 a.m., Senator Patrick assumed the Chair. 

 

The Chair laid out HB 2536 and recognized the Senate sponsor, 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 HB 2536 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 2536 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. 

 

Upon arrival of a quorum, 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 HB 2888 and recognized the Senate sponsor, 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 house bill as engrossed.  Upon arrival of a quorum, 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 HB 2888 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator West moved that HB 2888 do not pass but that CSHB 2888 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. 

 

At 7:59 a.m., a quorum was established.

 

At 8:00 a.m. Senator West resumed the Chair. 

 

The Chair laid out HB 3802 and recognized Senator Averitt, 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 Nichols moved that HB 3802 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out HB 3025 and recognized the Senate sponsor, Senator Shapiro, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Shapiro to explain the difference between the committee substitute and the house bill as engrossed.  Senator Gallegos, Jr. then moved to withdraw the committee substitute; without objection; it was so ordered.

 

Senator West moved that HB 3025 be left pending; without objection, it was so ordered. 

 

The Chair laid out HB 1174 and recognized the Senate sponsor, Senator Watson, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Watson to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, 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 West moved that HB 1174 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 1174 do not pass but that CSHB 1174 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. 

 

The Chair laid out HB 2692 and recognized the Senate sponsor, Senator Watson, 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 HB 2692 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 2692 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. 

 

Upon arrival of a quorum, 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 HB 2833 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. 

 

Senator Gallegos, Jr. sent up a committee substitute; the Chair recognized Senator Shapleigh to explain the difference between the committee substitute and the house bill as engrossed.  Upon arrival of a quorum, Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. 

 

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

 

Upon arrival of a quorum, Senator Nichols requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Nichols 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. 

 

Upon arrival of a quorum, Senator Nichols moved that HB 2833 do not pass but that CSHB 2833 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. 

 

Upon arrival of a quorum, 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 HB 3009 and recognized the Senate sponsor, 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. 

 

Senator Nichols moved that HB 3009 be left pending; without objection, it was so ordered. 

 

The Chair laid out HB 871 and recognized the Senate sponsor, 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. 

 

Upon arrival of a quorum, Senator Gallegos, Jr. moved that HB 871 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. 

 

Upon arrival of a quorum, 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 HB 2121 and recognized the Senate sponsor, 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 West moved that HB 2121 be left pending; without objection, it was so ordered. 

 

The Chair laid out HB 3006 and recognized the Senate sponsor, Senator Gallegos, Jr., 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 house bill as engrossed.  Senator Gallegos, Jr. then moved to withdraw the committee substitute from further consideration; without objection, it was so ordered. 

 

There were no witnesses registered to testify on this bill.

 

Senator Gallegos, Jr. moved that HB 3006 be left pending; without objection, it was so ordered. 

 

On a matter of pending business, the Chair laid out HB 3006 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill. 

 

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

 

Senator Gallegos, Jr. moved that HB 3006 do not pass but that CSHB 3006 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 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 HB 4412 and recognized the Senate sponsor, Senator Patrick, to explain the bill. 

 

There were witnesses registered to testify on this bill. 

 

Senator Patrick moved that HB 4412 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 Patrick moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out HJR 85 and recognized the Senate sponsor, Senator Patrick, 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 Patrick moved that HJR 85 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. 

 

At 8:55 a.m., Senator Gallegos, Jr. assumed the Chair. 

 

The Chair laid out HB 1146 and recognized the Senate sponsor, 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 HB 1146 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The Chair laid out HB 4295 and recognized the Senate sponsor, 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 HB 4295 be left pending; without objection, it was so ordered. 

 

The Chair laid out HB 3485 and recognized the Senate sponsor, 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 house bill as engrossed. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 9:10 a.m., the committee stood at ease.

 

At 9:25 a.m., the committee reconvened.

 

The Chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator West moved that HB 3485 be left pending; without objection, it was so ordered. 

 

The Chair laid out HB 3287 and recognized Senator West, 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 West moved that HB 3287 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. 

 

At 9:40 a.m., Senator West resumed the Chair. 

 

The Chair laid out HB 1063 and recognized the Senate sponsor, Senator Wentworth, 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 HB 1063 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Wentworth moved that HB 1063 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. 

 

Upon arrival of a quorum, 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 HB 2859 and recognized the Senate sponsor, Senator Wentworth, 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 HB 2859 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Wentworth moved that HB 2859 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. 

 

The Chair laid out HB 3136 and recognized the Senate sponsor, Senator Uresti, to explain the bill. 

 

There were no witnesses registered to testify on this bill. 

 

The Chair laid out HB 4257 and recognized the Senate sponsor, Senator Uresti, to explain the bill. 

 

Senator Wentworth sent up a committee substitute; the Chair recognized Senator Uresti to explain the difference between the committee substitute and the house bill as engrossed.  Senator Wentworth then moved to withdraw the committee substitute from further consideration; without objection, it was so ordered. 

 

There were no witnesses registered to testify on this bill. 

 

Senator West moved that HB 4257 be left pending; without objection, it was so ordered. 

 

The Chair laid out HB 1230 and recognized Senator Patrick, 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 West moved that HB 1230 be left pending to await a quorum; without objection, it was so ordered. 

 

Upon arrival of a quorum, Senator Patrick moved that HB 1230 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. 

 

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

 

On a matter of pending business, the Chair laid out HB 3009 and recognized the Senate sponsor, Senator Ellis, to explain the bill. 

 

Senator Gallegos, Jr. sent up Committee Amendment 1 and Senator Ellis was recognized to explain the amendment. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

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

 

At 10:26 a.m., Senator Nichols assumed the Chair. 

 

The Chair moved that the public testimony be closed; without objection, it was so ordered. 

 

There being no further business, at 10:33 a.m. Senator Nichols moved that the Committee stand recessed subject to the call of the Chair.  Without objection, it was so ordered. 

 

                             

_____________________________

Senator Royce West, Chair

 

 

_____________________________

Tiffany White, Clerk