MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Monday, March 31, 2003
1:30 p.m. or upon adjournment
Senate Chamber
*****
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, March 31, 2003, in the Senate Chamber at
Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Bill Ratliff Senator Chris Harris
Senator Todd Staples
Senator Kenneth Armbrister
Senator Robert Duncan
Senator Rodney Ellis
Senator Troy Fraser
Senator Frank Madla
Senator Jane Nelson
*****
Chairman Ratliff called the meeting to order at 4:30 p.m. There
being a quorum present, the following business was transacted:
The chairman laid out, as pending business, SB 10 and the
committee substitute. Senator Staples moved to adopt the
substitute; without objection, it was so ordered. Senator
Staples moved that SB 10 do not pass but that CSSB 10 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, 0 nay, 0 present not voting, and 2 absent. Pursuant to a
motion in writing, unanimous consent was granted for Senator
Fraser to be shown voting aye (the 7 ayes include the motion in
writing).
The chairman laid out, as pending business, SB 116. Senator
Armbrister moved that SB 116 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion failed by a record vote of 4 ayes, 3 nays, 0 present not
voting, and 2 absent.
The chairman laid out, as pending business, SB 342, the
committee substitute, and the committee amendment adopted at a
previous hearing. Senator Ellis sent up a new committee
substitute and moved its adoption; without objection, it was so
ordered. Senator Ratliff requested unanimous consent to
withdraw the committee amendment adopted at a previous hearing;
without objection, it was so ordered. Senator Ellis moved that
SB 342 do not pass but that CSSB 342 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, 0 nay, 0
present not voting, and 2 absent. Senator Ellis moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chairman laid out, as pending business, SB 382. Senator
Armbrister moved that SB 382 be reported favorably to the Senate
with the recommendation that it do pass and be printed. The
motion carried with a record vote of 8 ayes, 0 nay, 0 present
not voting, and 1 absent. Pursuant to a motion in writing,
unanimous consent was granted for Senator Fraser to be shown
voting aye (the 8 ayes include the motion in writing). Senator
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The chairman laid out, as pending business, SB 541 and the
committee substitute. Senator Duncan sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator Duncan requested unanimous consent to roll
the amendment into a new committee substitute; without
objection, it was so ordered. Senator Duncan moved that SB 541
do not pass but that CSSB 541 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, 1 nay, 0 present
not voting, and 1 absent. Pursuant to a motion in writing,
unanimous consent was granted for Senator Fraser to be shown
voting aye (the 7 ayes include the motion in writing).
The chairman laid out, as pending business, SB 563 and the
committee substitute. Senator Armbrister moved to adopt the
committee substitute; without objection, it was so ordered.
Senator Armbrister moved that SB 563 do not pass but that CSSB
563 be reported back to the Senate with the recommendation that
it do pass and be printed. The motion failed by a record vote
of 3 ayes, 4 nays, 0 present not voting, and 2 absent.
The chairman laid out, as pending business, SB 857. Senator
Madla moved that SB 857 be reported favorably to the Senate with
the recommendation that it do pass and be printed. The motion
carried with a record vote of 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Pursuant to a motion in writing,
unanimous consent was granted for Senator Fraser to be shown
voting aye (the 8 ayes include the motion in writing). Senator
Madla moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chairman laid out, as pending business, SB 833 and
recognized the author, Senator Williams to explain the bill.
Senator Armbrister sent up a committee substitute; the chairman
recognized Senator Williams to explain the difference between
the committee substitute and the bill as filed. The chairman
opened public testimony; there being no one present wishing to
testify or register on SB 833, public testimony was closed
without objection. Senator Ratliff moved that SB 833 be left
pending to await a quorum; without objection, it was so ordered.
Later in the hearing, upon arrival of a quorum and with Senator
Staples in the chair, Senator Ellis moved that SB 833 do not
pass but that CSSB 833 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, 0 nay, 0 present not
voting, and 2 absent. Pursuant to motions in writing, unanimous
consent was granted for Senators Ratliff and Nelson to be shown
voting aye (the 7 ayes include the motions in writing).
The chairman laid out SB 174 and recognized Senator Armbrister,
in the absence of the author, to explain the bill. Senator
Armbrister sent up a committee substitute; the chairman
recognized Senator Armbrister 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. The chairman moved that the public testimony be closed;
without objection, it was so ordered. Senator Armbrister moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Ratliff moved that SB 174 be left pending
to await a quorum; without objection, it was so ordered. Later
in the hearing, upon the arrival of a quorum, Senator Armbrister
moved that SB 174 do not pass but that CSSB 174 be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 8 ayes, 0
nay, 0 present not voting, and 1 absent. Pursuant to motions in
writing, unanimous consent was granted for Senators Duncan and
Nelson to be shown voting aye (the 8 ayes include the motions in
writing). Senator Staples moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chairman laid out SB 331 and recognized the author, Senator
Brimer, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. The
chairman moved that the public testimony be closed; without
objection, it was so ordered. Senator Ratliff moved that SB 331
be left pending to await a quorum; without objection, it was so
ordered. Later in the hearing, upon arrival of a quorum,
Senator Staples moved that SB 331 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 6 ayes, 1 nay, 0
present not voting, and 2 absent. Pursuant to a motion in
writing, unanimous consent was granted for Senator Nelson to be
shown voting aye (the 6 ayes include the motion in writing).
The chairman laid out SB 194 and recognized the author, Senator
Staples, to explain the bill. Senator Staples sent up a
committee substitute; the chairman recognized Senator Staples to
explain the difference between the committee substitute and the
bill as filed. Witnesses testifying on the bill are shown on
the attached list. The chairman moved that the public testimony
be closed; without objection, it was so ordered. Senator
Staples moved adoption of the committee substitute; without
objection, it was so ordered. Senator Ratliff moved that SB 194
be left pending to await a quorum; without objection, it was so
ordered. Later, upon arrival of a quorum, Senator Staples moved
that SB 194 do not pass but that CSSB 194 be reported back to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 8 ayes, 0
nay, 0 present not voting, and 1 absent. Pursuant to motions in
writing, unanimous consent was granted for Senators Duncan and
Nelson to be shown voting aye (the 8 ayes include the motions in
writing). Senator Staples moved that the bill be recommended
for placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Staples assumed the chair and laid out SB 912 and
recognized the author, Senator Ratliff, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Staples moved that the public
testimony be closed; without objection, it was so ordered.
Senator Ratliff moved that SB 912 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 8 ayes, 0 nay, 0
present not voting, and 1 absent. Pursuant to motions in
writing, unanimous consent was granted for Senators Duncan and
Nelson to be shown voting aye (the 8 ayes include the motions in
writing). Senator Ratliff moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered. Senator Ratliff resumed the
chair.
The chairman laid out SB 1091 and recognized the author, Senator
Shapiro, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Senator
Madla sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Madla requested
unanimous consent to roll the amendments into a committee
substitute; without objection, it was so ordered. Senator
Ratliff moved that SB 1091 be left pending; without objection,
it was so ordered. Later in the hearing, Senator Staples (in
the chair) requested unanimous consent to close public
testimony on SB 1091; without objection, it was so ordered.
The chairman laid out SB 1282 and recognized the author, Senator
Fraser, to explain the bill. Senator Staples sent up a
committee substitute; the chairman recognized Senator Fraser 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. The chairman moved that the
public testimony be closed; without objection, it was so
ordered. Senator Fraser moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Fraser moved that SB 1282 do not pass but that CSSB 1282 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 8
ayes, 0 nay, 0 present not voting, and 1 absent. Pursuant to
motions in writing, unanimous consent was granted for Senators
Duncan and Nelson to be shown voting aye (the 8 ayes include the
motions in writing). Senator Fraser moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Staples assumed the chair and laid out SB 1875 and
recognized the author, Senator Ratliff, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list. Senator Staples moved that the public
testimony be closed; without objection, it was so ordered.
Senator Armbrister moved that SB 1875 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a record vote of 8 ayes, 0
nay, 0 present not voting, and 1 absent. Pursuant to motions in
writing, unanimous consent was granted for Senators Duncan
Ratliff, and Nelson to be shown voting aye (the 8 ayes include
the motions in writing). Senator Armbrister moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Staples laid out SJR 19 and recognized the author,
Senator Williams, to explain the bill. Senator Staples opened
public testimony; there being no one present wishing to testify
or register on SJR 19, public testimony was closed without
objection. Senator Fraser moved that SJR 19 be reported
favorably to the Senate with the recommendation that it do pass
and be printed. The motion carried with a record vote of 8
ayes, 0 nay, 0 present not voting, and 1 absent. Pursuant to
motions in writing, unanimous consent was granted for Senators
Duncan Ratliff, and Nelson to be shown voting aye (the 8 ayes
include the motions in writing).
There being no further business, at 6:10 p.m., Senator Staples
moved that the Committee stand recessed subject to the call of
the chairman. Without objection, it was so ordered.
________________________
Senator Bill Ratliff, Chairman
______________________
Nancy B. Macken, Clerk