MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, April 8, 1999
12:30 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, April 8, 1999 in the Senate
Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Florence Shapiro None
Senator Eliot Shapleigh
Senator David Bernsen
Senator J. E. Brown
Senator David Cain
Senator Tom Haywood
Senator Eddie Lucio, Jr.
Senator Drew Nixon
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 1:00 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Wentworth, Senator Brown, Senator Bernsen and Senator
Haywood.
Senator Lucio moved that the minutes from the April 6, 1999,
State Affairs Committee meeting be approved. There being no
objection, the minutes were approved.
The Chair recalled the following bills from the Standing
Subcommittee on Infrastructure:
SB 1528 by Carona
SB 1529 by Carona
The subcommittee report on SB 1446 was laid out by the Chair.
Senator Cain was recognized to explain the bill. Senator Cain
moved adoption of the subcommittee report. There being no
objection, it was so ordered.
Senator Cain moved that SB 1446 be reported favorably to the
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 1 absent.
The subcommittee report on SB 1794, as amended was laid out
by the Chair. Senator Cain moved adoption of the subcommittee
report. There being no objection, it was so ordered.
Senator Cain moved that SB 1794, as amended, be reported back
to the 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 1 absent. Senator Shapleigh moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The subcommittee report on CSSB 555 was laid out by the Chair.
Senator Cain moved adoption of the subcommittee report. There
being no objection, it was so ordered.
Senator Cain moved that SB 555 do not pass but that CSSB 555
be reported back to the 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 1 absent. Senator
Cain moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 1327 and recognized the author, Senator
Gallegos, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Lucio, Jr. moved that SB 1327 be reported favorably 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 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 SB 1785 and recognized the author, Senator
Gallegos, Jr., to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Gallegos, Jr. to explain the difference
between the committee substitute and the bill as filed.
Senator Shapleigh 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.
Senator Shapiro moved that CSSB 1785 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1419 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Lucio, Jr. moved that SB 1419 be reported favorably to
the 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 1 absent.
The Chair laid out SB 1390 and recognized the author, Senator
Shapleigh, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapiro moved that SB 1390 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1345 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 1:50 pm Senator Shapleigh assumed the chair.
The Chair moved that SB 1345 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Brown moved that SB 1345 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 2 nays, 0
present not voting, and 0 absent.
At 2:25 pm Senator Shapiro resumed the chair.
The Chair laid out SJR 37 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapleigh moved that SJR 37 be reported favorably 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 0 absent.
The Chair laid out SJR 41 and recognized the author, Senator
Madla, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Madla to explain the difference between the
committee substitute and the bill as filed. Senator Shapleigh
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.
Senator Shapleigh moved that SJR 41 do not pass but that CSSJR
41 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 0 absent.
The Chair laid out SB 1097 and recognized the author, Senator
Nixon, to explain the bill.
Senator Nixon moved that SB 1097 be reported favorably 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 0 absent. Senator Nixon moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The Chair laid out SB 785 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 bill as filed. Senator
Wentworth 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.
Senator Wentworth moved to reconsider the vote on which the
committee substitute was adopted. There being no objection,
it was so ordered.
Senator Shapleigh sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Wentworth requested unanimous consent to incorporate
amendments 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.
Senator Wentworth moved that SB 785 do not pass but that CSSB
785 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 0 absent.
The Chair laid out SB 1832 and recognized the author, Senator
Bivins, to explain the bill.
Senator Shapleigh moved that SB 1832 be reported favorably 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 0 absent. Senator Shapleigh moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The Chair laid out SB 123 and recognized the author, Senator
Bivins, to explain the bill.
Senator Shapleigh sent up a committee substitute; the Chair
recognized Senator Bivins 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.
Senator Shapiro moved that SB 123 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1016 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 bill as filed. Senator
Wentworth 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.
Senator Wentworth moved that SB 1016 do not pass but that CSSB
1016 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 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 SB 839 and recognized Senator Cain, in the
absence of the author, to explain the bill.
Senator Shapiro moved that SB 839 be left pending until
resource witnesses could be located; without objection, it was
so ordered.
The Chair moved that the committee recess at 3:30 pm while
awaiting a quorum.
At 3:45 pm the committee reconvened.
The Chair laid out SB 1438 and recognized the author, Senator
Duncan, to explain the bill.
Senator Bernsen sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed.
Senator Shapleigh sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Shapleigh sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Shapiro requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Shapleigh 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.
Senator Shapiro moved that CSSB 1438 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1533 and recognized the author, Senator
Carona, to explain the bill.
Senator Brown sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Lucio, Jr. moved that SB 1533, as amended, 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 0 absent. Senator Wentworth moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
At 4:10 pm Senator Shapleigh assumed the chair.
The Chair laid out SB 29 and recognized the author, Senator
Shapiro, to explain the bill.
The Chair withdrew the previously laid out committee
substitute and recognized Senator Shapiro to send up a new
substitute.
Senator Shapiro sent up a committee substitute; the Chair
recognized Senator Shapiro to explain the difference between
the committee substitute and the bill as filed. Senator
Shapleigh moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Haywood moved that SB 29 do not pass but that CSSB 29
be reported back to the 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 1 absent.
At 4:20 pm Senator Shapiro resumed the chair.
Upon arrival of resource witnesses, the Chair laid out SB 839
and opened public testimony.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Shapleigh moved that SB 839 be reported favorably to
the 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 2 absent. Senator Shapleigh moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
There being no further business, at 4:25 pm Senator Shapiro
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
_____________
_________
Senator Florence Shapiro, Chair Cindy R
Notting
ham,
Clerk