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MINUTES

 

SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

Wednesday, May 15, 2013

1:30 PM or upon adjournment

Capitol Extension, Room E1.028

 

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Pursuant to a notice posted in accordance with Senate Rule 11.10 and 11.18, a public hearing of the Senate Committee on Intergovernmental Relations was held on Wednesday, May 15, 2013, in the Capitol Extension, Room E1.028, at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Juan Hinojosa, Chair

 

None

Senator Robert Nichols, Vice Chair

 

 

Senator Sylvia Garcia

 

 

Senator Ken Paxton

 

 

Senator Larry Taylor

 

 

 

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The chair called the meeting to order at 3:32 PM. There was not a quorum present, the following business was transacted:

 

The chair laid out HB 1354 and recognized the Senate sponsor, Senator Schwertner, to explain the bill. The chair moved that public testimony be opened there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HB 1354 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 1355 and recognized the Senate sponsor, Senator Schwertner, to explain the bill. The chair moved that public testimony be opened there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HB 1355 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 3874 and recognized the Senate sponsor, Senator Schwertner, to explain the bill. The chair moved that public testimony be opened there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HB 3874 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 3875 and recognized the Senate sponsor, Senator Schwertner, to explain the bill. The chair moved that public testimony be opened there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HB 3875 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 2117 and recognized the Senate sponsor, Senator Duncan, to explain the bill. The chair moved to open 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 Hinojosa moved that HB 2117 be left pending to await a quorum; without objection, it was so ordered.

 

The chair laid out HB 2118 and recognized the Senate sponsor, Senator Duncan, to explain the bill.

 

3:39PM Upon arrival of a quorum the chair moved that the clerk call roll.

 

The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Garcia moved that HB 2118 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 nays, 0 present not voting, and 1 absent.

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

 

Senator Garcia moved that HB 2117 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

Senator Garcia moved that HB 3875 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

 

Senator Garcia moved that HB 3874 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 nays, 0 present not voting, and 2 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 2907 and recognized the Senate sponsor, Senator Duncan, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Garcia moved that HB 2907 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

Senator Garcia moved that HB 1355 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

Senator Garcia moved that HB 1354 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 3552 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Garcia sent up a committee substitute; the chair recognized Senator Lucio to explain the difference between the committee substitute and the house bill as engrossed. Senator Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. Senator Garcia moved that HB 3552 do not pass but that CSHB 3552 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 3913 and recognized the Senate sponsor, Senator Nelson, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Garcia moved that HB 3913 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 3447 and recognized the Senate sponsor, Senator Uresti, to explain the bill. The chair moved to open public testimony there was none. Senator Paxton moved that HB 3447 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 nays, 0 present not voting, and 2 absent.

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

 

The chair laid out HB 1824 and recognized the Senate sponsor, Senator Hancock, to explain the bill. The chair moved to open 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 Paxton moved that HB 1824 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 nays, 0 present not voting, and 1 absent. Senator Paxton moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 2055 and recognized the Senate sponsor, Senator Estes, to explain the bill.

The chair open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Garcia moved that HB 2055 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 2454 and recognized the Senate sponsor, Senator Estes, to explain the bill.

The chair open 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 Garcia moved that HB 2454 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 nays, 0 present not voting, and 1 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

 

At 4:06 PM Senator Nichols assumed the chair.

 

The chair laid out HB 2975 and recognized the Senate sponsor, Senator Rodríguez, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Garcia moved that HB 2975 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 nays, 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 HB 2259 and recognized the Senate sponsor, Senator Rodríguez, to explain the bill. Senator Garcia sent up a committee substitute; the chair recognized Senator Rodriguez to explain the difference between the committee substitute and the house bill as engrossed. Senator Garcia moved adoption of the committee substitute; without objection, it was so ordered. Senator Garcia moved that HB 2259 do not pass but that CSHB 2259 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 nays, 0 present not voting, and 0 absent.

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

 

The chair laid out HB 508 and recognized the Senate sponsor, Senator Patrick, to explain the bill.

The chair moved to open 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 Taylor moved that HB 508 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, 1 nays, 0 present not voting, and 0 absent.

 

The chair laid out as a matter of pending business HB 1127 and recognized the Senate sponsor, Senator Patrick, to explain the bill. Senator Garcia sent up a committee substitute; the chair recognized Senator Patrick to explain the difference between the committee substitute and the house bill as engrossed. Senator Garcia moved adoption of the committee substitute; without objection, it was so ordered. Senator Nichols moved that HB 1127 be left pending; without objection, it was so ordered.

 

The chair laid out HB 3176 and recognized the Senate sponsor, Senator Taylor, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Taylor moved that HB 3176 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 nays, 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 HB 2112 and recognized Senator Garcia, in the absence of the Senate sponsor, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Garcia moved that HB 2112 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 nays, 0 present not voting, and 0 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 1586 and recognized Senator Garcia, in the absence of the Senate sponsor, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Garcia moved that HB 1586 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 nays, 0 present not voting, and 0 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 3871 and recognized Senator Garcia, in the absence of the Senate sponsor, to explain the bill. Senator Garcia sent up a committee substitute; the chair recognized Senator Garcia to explain the difference between the committee substitute and the house bill as engrossed. Senator Nichols moved adoption of the committee substitute; without objection, it was so ordered. The chair moved to open 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 Garcia moved that HB 3871 do not pass but that CSHB 3871 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 nays, 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 HB 503 and recognized the Senate sponsor, Senator Garcia, to explain the bill.

The chair moved to open 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 Garcia moved that HB 503 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 nays, 0 present not voting, and 0 absent. Senator Garcia moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 3739 and recognized the Senate sponsor, Senator Garcia, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Nichols moved that HB 3739 be left pending; without objection, it was so ordered.

 

The chair laid out HB 1357 and recognized Senator Paxton, in the absence of the Senate sponsor, to explain the bill. The chair opened public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Garcia moved that HB 1357 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 nays, 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.

 

The chair laid out HB 1813 and recognized Senator Paxton, in the absence of the Senate sponsor, to explain the bill. The chair moved to open 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 Garcia moved that HB 1813 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 nays, 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.

 

The chair laid out HB 3764 and recognized Senator Paxton, in the absence of the Senate sponsor, to explain the bill. The chair moved to open 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 Hinojosa moved that HB 3764 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 nays, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

 

 

The chair laid out HB 3798 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HB 3798 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 nays, 0 present not voting, and 1 absent.

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

 

The chair laid out HB 1597 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HB 1597 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 nays, 0 present not voting, and 1 absent.

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

 

The chair laid out HB 2021 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. The chair moved to open 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 Hinojosa moved that HB 2021 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 nays, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HB 1372 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HB 1372 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 nays, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out HJR 87 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. The chair moved to open public testimony there was none. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Hinojosa moved that HJR 87 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 nays, 0 present not voting, and 1 absent.

The chair moved to bring up as a matter of pending business HB 3739 by sponsor Senator Garcia. The chair moved to open 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.

 

At 5:18 PM Senator Hinojosa resumed the chair.

 

Senator Garcia sent up a committee substitute; the chair recognized Senator Garcia to explain the difference between the committee substitute and the house bill as engrossed. Senator Garcia sends up and requested unanimous consent to incorporate amendment number 1 into a committee substitute; without objection, it was so ordered. Senator Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. Senator Garcia moved that HB 3739 do not pass but that CSHB 3739 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 nays, 0 present not voting, and 0 absent.

 

The chair laid out as a matter of pending business HB 1127 by sponsor Senator Patrick.

Senator Garcia moved that HB 1127 do not pass but that CSHB 1127 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 nays, 1 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

No action taken on HB 3793

 

Senator Hinojosa moved adoption of the minutes from the previous hearings held on May 8, 2013, and May 13, 2013; without objection, it was so ordered.

 

There being no further business, at 5:30 PM Senator Hinojosa moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered.

 

 

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Senator Juan Hinojosa, Chair

 

 

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JD Pedraza, Clerk