MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, March 20, 1997
2:00 pm
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on State
Affairs was held on Thursday, March 20, 1997 in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Kenneth Armbrister
Senator Drew Nixon
Senator David Cain
Senator John Carona
Senator Rodney Ellis
Senator Troy Fraser
Senator Mario Gallegos, Jr.
Senator Michael Galloway
Senator Jon Lindsay
Senator Gregory Luna
Senator Jane Nelson
Senator Florence Shapiro
Senator John Whitmire
*****
The Chair called the meeting to order at 2:15 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
none.
The Chair laid out SB 735 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 735 be left pending a new
fiscal note; without objection, it was so ordered.
The Chair laid out SB 623 and recognized the author, Senator
Ratliff, to explain the bill.
Senator Carona sent up a committee substitute; the Chair
recognized Senator Ratliff to explain the difference between
the committee substitute and the bill as filed.
Senator Galloway sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Galloway requested unanimous consent to incorporate
amendments into the committee substitute. Senator Galloway
then moved that the new committee substitute be adopted.
Senator Nelson moved that SB 623 do not pass but that CSSB 623
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 12
ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Nixon requested unanimous consent to be shown voting
aye on CSSB 623. There being no objection, the motion
prevailed.
The Chair brought up SB 627 from pending business. Senator
Nelson sent up a committee substitute; the Chair recognized
Senator Sibley to explain the difference between the committee
substitute and the bill as filed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Galloway requested unanimous consent to incorporate
amendments into the committee substitute. Senator Galloway
then moved that the new committee substitute be adopted.
Senator Nelson moved that SB 627 do not pass but that CSSB 627
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 11
ayes, 0 nays, 0 present not voting, and 2 absent.
Senator Nixon requested unanimous consent to be shown voting
nay on CSSB 627. There being no objection, the motion
prevailed.
The Chair laid out SB 882 and recognized Senator Ellis, in the
absence of the author, to explain the bill.
Senator Ellis sent up a committee substitute; the Chair
recognized Senator Ellis to explain the difference between the
committee substitute and the bill as filed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Ellis sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis requested unanimous consent to incorporate
amendments into the committee substitute. Senator Ellis then
moved that the new committee substitute be adopted. Senator
Ellis moved that SB 882 do not pass but that CSSB 882 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 9
ayes, 0 nays, 0 present not voting, and 4 absent.
Senator Ellis requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
Senators Nixon and Carona requested unanimous consent to be
shown voting aye on CSSB 882. There being objection, the
motion prevailed.
The Chair laid out SB 856 and recognized Senator Shapleigh to
explain the bill.
Senator Luna sent up a committee substitute; the Chair
recognized Senator Luna to explain the difference between the
committee substitute and the bill as filed. Senator Luna
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Luna moved that SB 856 do not pass but that CSSB 856
be reported back to the Senate with the recommendation that it
do pass and be printed. There being objection, the motion
carried with a vote of 7 ayes, 3 nays, 0 present not voting,
and 3 absent.
Senator Nixon requested unanimous consent to be shown voting
nay on CSSB 856. There being no
objection, the motion prevailed.
Senator Luna requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 927 and recognized the author, Senator
Lindsay, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Lindsay moved that SB 927 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 3 absent.
Senators Nixon, Ellis and Fraser requested unanimous consent
to be shown voting aye on SB 927. There being no objection,
the motion prevailed.
The Chair laid out SB 484 and recognized the author, Senator
Moncrief, to explain the bill. Senator Gallegos, Jr. sent up
a committee substitute; the Chair recognized Senator Moncrief
to explain the difference between the committee substitute and
the bill as filed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
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 amendments into the committee substitute. Senator
Gallegos, Jr. then moved that the new committee substitute be
adopted and without objection the motion prevailed. Senator
Shapiro moved that SB 484 do not pass but that CSSB 484 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 9
ayes, 0 nays, 0 present not voting, and 4 absent.
Senators Nixon, Ellis and Fraser requested unanimous consent
to be shown voting aye on CSSB 484. There being no objection,
the motion prevailed.
Senator Gallegos, Jr. requested unanimous consent to certify
the bill for Local & Uncontested Calendar; without objection,
it was so ordered.
The Chair laid out SB 271 and recognized the author, 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 bill as
filed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Gallegos, Jr. moved that SB 271 do not pass but that
CSSB 271 be reported back to the Senate with the
recommendation that it do pass and be printed. There being no
objection, it was so moved. Senator Gallegos, Jr. moved that
SB 271 be reported favorably to the full Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 8 ayes, 0 nays, 0 present not voting,
and 5 absent.
Senators Nixon, Carona, Ellis, Lindsay and Shapiro requested
unanimous consent to be shown aye on CSSB 271. There being no
objection, the motion prevailed.
Senator Gallegos, Jr. requested unanimous consent to certify
the bill for Local & Uncontested Calendar; without objection,
it was so ordered.
The Chair laid out SB 432 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Senator Gallegos, Jr. sent up a committee substitute; the
Chair recognized Senator Lucio, Jr. to explain the difference
between the committee substitute and the bill as filed.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Cain sent up Committee Amendments 1, 2, 3, and 4 and
moved adoption; without objection, the amendments were
adopted. Senator Cain sent up Committee Amendment 5 and then
withdrew the amendment. Senator Gallegos sent up Committee
Amendment 6 and moved adoption; without objection, the
amendment was adopted.
Senator Gallegos, Jr. requested unanimous consent to
incorporate amendments into the committee substitute. Senator
Cain then moved that the new committee substitute be adopted.
Senator Cain moved that SB 432 do not pass but that CSSB 432
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 9
ayes, 0 nays, 1 present not voting, and 3 absent.
The Chair brought up SB 173 from pending business. Senator
Carona sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Carona moved that SB 173, as amended, be reported
favorably to the full Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 6 absent.
The Chair brought up SJR 12 from pending business. Senator
Carona sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Carona moved that SJR 12, as amended, be reported
favorably to the full Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 6 absent.
The Chair laid out SB 586 and recognized the author, Senator
Moncrief, to explain the bill.
Senator Cain sent up a committee substitute; the Chair
recognized Senator Moncrief to explain the difference between
the committee substitute and the bill as filed. Senator Cain
moved adoption of the committee substitute, without objection,
it was so ordered.
At 4:55 pm Senator Cain assumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Ellis moved that SB 586 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 3 absent.
Senator Lindsay requested unanimous consent to be shown voting
aye on SB 586. There being no objection, the motion
prevailed.
At 5:15 pm Senator Armbrister resumed the chair.
The Chair laid out HCR 38 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Cain moved that HCR 38 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 3 absent.
Senator Nixon requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 993 and recognized the author, Senator
Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Cain sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Cain moved that SB 993, as amended, be left pending;
without objection, it was so ordered.
The Chair laid out SB 855 and recognized the author, Senator
Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that SB 855, as amended, be reported
favorably to the full Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 10
ayes, 0 nays, 0 present not voting, and 3 absent.
Senators Lindsay and Whitmire requested unanimous consent to
be shown voting aye on SB 855. There being no objection, the
motion prevailed.
The Chair laid out SB 945 and recognized the author, Senator
Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that SB 945 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 3 absent.
Senators Lindsay and Whitmire requested unanimous consent to
be shown voting aye on SB 945. There being no objection, the
motion prevailed.
Senator Nelson requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 950 and recognized the author, Senator
Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nelson moved that SB 950 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 3 absent.
Senators Lindsay and Whitmire requested unanimous consent to
be shown voting aye on SB 950. There being no objection, the
motion prevailed.
Senator Nelson requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 631 and recognized the author, Senator
Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that SB 631 be left pending; without
objection, it was so ordered.
The Chair laid out SB 777 and recognized the author, Senator
Carona, to explain the bill.
Senator Carona sent up a committee substitute; the Chair
recognized Senator Carona to explain the difference between
the committee substitute and the bill as filed. Senator
Carona 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. Public testimony was closed.
At 6:10 pm Senator Nelson assumed the chair.
Senator Carona moved that CSSB 777 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 3 absent.
Senator Lindsay requested unanimous consent to be shown voting
aye on CSSB 777. There being no objection, the motion
prevailed.
At 6:30 pm Senator Nixon assumed the chair.
The Chair laid out SB 759 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Armbrister sent up CSSB 759 and moved adoption, with
objection, the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Armbrister moved that CSSB 759 be reported favorably
to the full Senate with the recommendation that it do pass and
be printed. The motion carried with a vote of 10 ayes, 0
nays, 0 present not voting, and 3 absent.
Senator Lindsay requested unanimous consent to be shown voting
aye on CSSB 759. There being no objection, the motion
prevailed.
Senator Armbrister requested unanimous consent to certify the
bill for Local & Uncontested Calendar; without objection, it
was so ordered.
The Chair laid out SB 637 and recognized Senator Armbrister,
in the absence of the author, to explain the bill.
Senator Armbrister sent up CSSB 637 and moved adoption,
without objection, the committee substitute was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list. Public testimony was closed.
Senator Nixon moved that CSSB 637 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 10 ayes, 0 nays, 0
present not voting, and 3 absent.
Senator Lindsay requested unanimous consent to be shown voting
aye on CSSB 637. There being no objection, the motion
prevailed.
Senator Nixon requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
At 6:35 pm Senator Armbrister resumed the chair.
The Chair brought up SB 665 from pending business.
Senator Shapiro sent up CSSB 665 and moved adoption, without
objection, the committee substitute was adopted.
The Chair moved that CSSB 665 be left pending, it was so
ordered.
No action was taken on SB 552 and SB 1031.
There being no further business, at 6:40 pm Senator Armbrister
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
Senator Kenneth Armbrister, Chair
______________________
Kelly Gilbert, Clerk