MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Monday, May 4, 2009

1:00 p.m. or upon adjournment

Senate Chamber

 

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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, May 4, 2009, in the Senate Chamber.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Robert Duncan

Senator Bob Deuell

Senator John Carona

Senator Rodney Ellis

Senator Troy Fraser

Senator Chris Harris

Senator Mike Jackson

Senator Eddie Lucio, Jr.

Senator Leticia Van de Putte

 

None

 

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The chair called the meeting to order at 4:10 p.m.  The following business was transacted: 

 

The chair laid out HB 2509 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  The chair opened public testimony.  Witnesses 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 2509 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 559 and recognized the Senate sponsor, Senator Gallegos, Jr., to explain the bill.  The chair opened public testimony.  Witnesses 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 559 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3061 and recognized the Senate sponsor, Senator Huffman, to explain the bill.  The chair opened public testimony.  Witnesses 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 3061 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 3062 and recognized the Senate sponsor, Senator Huffman, to explain the bill.  The chair opened public testimony.  Witnesses 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 3062 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 536 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill.  The chair opened public testimony.  Witnesses 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 536 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 582 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill.  The chair opened public testimony.  Witnesses 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 582 be left pending; without objection, it was so ordered. 

 

The chair laid out HB 71 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the house bill as engrossed. The chair opened public testimony.  Witnesses 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 71 be left pending; without objection, it was so ordered.

 

The chair laid out HB 1963 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill.  The chair opened public testimony.  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 1963 be left pending; without objection it was so ordered.

 

The chair laid out HB 1342 and recognized Senator Van de Putte, in the absence of the Senate sponsor, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the house bill as engrossed.  Senator Van de Putte sent up Committee Amendment 1.  The chair opened public testimony.  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 1342 be left pending; without objection, it was so ordered. 

 

At the request of the sponsor, HB 407 was pulled from consideration for the day.

At 4:45 p.m., Senator Duncan moved that the committee stand at ease until 5:00 p.m.; without objection it was so ordered.

 

At 5:05 p.m. the committee reconvened.  The clerk called the roll.  There being a quorum present, the following business was transacted:

 

The chair laid out as a matter of pending business SB 1023 and recognized the author, Senator Ogden, to explain the bill.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Ogden to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Fraser moved that SB 1023 do not pass but that CSSB 1023 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. 

 

The chair laid out as a matter of pending business SB 1493.  Senator Van de Putte previously sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 1493 do not pass but that CSSB 1493 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 Lucio, Jr. 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 2085.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Davis to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 2085 do not pass but that CSSB 2085 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, 2 nays, 0 present not voting, and 0 absent. 

 

The chair laid out as a matter of pending business HB 360.  Senator Jackson moved that HB 360 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 Deuell 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 HB 1736.  Senator Ellis previously sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Ellis moved that HB 1736 do not pass but that CSHB 1736 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. 

 

The chair laid out as a matter of pending business HB 1761.  Senator Van de Putte previously sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Van de Putte requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Van de Putte then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Van de Putte moved that HB 1761 do not pass but that CSHB 1761 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.  

 

The chair laid out as a matter of pending business HB 2064.  Senator Deuell moved that HB 2064 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.

 

The chair laid out as a matter of pending business HB 2101.  Senator Van de Putte moved that HB 2101 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 Deuell assumed the chair. 

 

The chair laid out as a matter of pending business SJR 42 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan sent up a committee substitute and was recognized to explain the difference between the committee substitute and the senate joint resolution as filed.  Senator Deuell moved adoption of the committee substitute; without objection, it was so ordered.   Senator Duncan moved that SJR 42 do not pass but that CSSJR 42 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 Duncan resumed the chair. 

 

The chair laid out as a matter of pending business HB 71.  Senator Van de Putte sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that HB 71 do not pass but that CSHB 71 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 Van de Putte 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 HB 536.  Senator Van de Putte moved that HB 536 be reported favorably 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 Van de Putte 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 HB 559.  Senator Van de Putte moved that HB 559 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 Lucio, Jr. 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 HB 582.  Senator Van de Putte moved that HB 582 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 Van de Putte 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 HB 1342.  Senator Van de Putte previously sent up Committee Amendment 1.  Senator Harris moved that Committee Amendment 1 be withdrawn from consideration; without objection, it was so ordered.  Senator Van de Putte previously sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Harris moved that HB 1342 do not pass but that CSHB 1342 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. 

 

The chair laid out as a matter of pending business HB 1963. Senator Lucio, Jr. moved that HB 1963 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. 

 

The chair laid out as a matter of pending business HB 2509.  Senator Lucio, Jr. moved that HB 2509 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. 

 

The chair laid out as a matter of pending business HB 3061.  Senator Lucio, Jr. moved that HB 3061 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 Lucio, Jr. 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 HB 3062.  Senator Deuell moved that HB 3062 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 Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Carona asked to be shown voting Aye on the following bills: SJR 42, HB 71, HB 536, HB 559, HB 582, HB 1342, HB 1963, HB 2509, HB 3061 and HB 3062; without objection, it was so ordered.

 

Senator Fraser asked to be shown voting Aye on the following bills:  SB 1493, SB 2085, SJR 42, HB 360, HB 1736, HB 1761, HB 2064, HB 2101, HB 71, HB 536, HB 559, HB 582, HB 1342, HB 1963, HB 2509, HB 3061, HB 3062; without objection, it was so ordered.

 

Senator Ellis asked to be shown voting Aye on the following bills: HB 582, HB 342, HB 1963, HB 2509, HB 3061, HB 3062; without objection, it was so ordered.

 

There being no further business, at 5:50 p.m. Senator Duncan moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Robert Duncan, Chair

 

 

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Erin Fry, Clerk