MINUTES
Committee on Veteran Affairs &
Military Installations
Wednesday, March 12, 2003
1:30 p.m. (or upon adjournment of the Senate--whichever
is later)
Betty King Committee Room
*****
Pursuant to a notice posted in accordance with Senate
Rule 11.18, a public hearing of the Texas Senate
Committee on Veteran Affairs and Military Installations
was held on Wednesday, March 12, 2003, in the Betty
King Committee Room (2E.20) of the State Capitol
Building, behind the Senate Chamber, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Leticia Van de Putte, Chair Senator Troy
Fraser
Senator Craig Estes, Vice Chair Senator Frank Madla
Senator Eliot Shapleigh (Senator Madla was
excused due to
illness)
*****
The Chair called the hearing to order at 1:42 p.m.,
pursuant to the RECESS of the Committee's last hearing
which was held on Wednesday, March 5, 2003.
The Chair requested that Senator Jeff
Wentworth--present to offer testimony for a bill on
today's agenda--lead the audience, the members, and the
staff, in the Pledge of Allegiance to the American
Flag.
The Chair urged those persons wishing to testify, for,
against, or on any bill appearing on today's agenda to
fill out a Witness Registration Card and pointed out
that by signing the Card, the witness is already
swearing to tell the truth, the whole truth, and
nothing but the truth.
The Chair stated that approval of the minutes of the
previous hearing, held Wednesday, March 5, 2003, would
be deferred until a quorum of the Committee could be
established.
The Chair made a statement relative to the policy of
the Committee which prohibits the use of cellular
telephones during the hearing.
The Chair laid before the Committee Senate Bill No. 173
and called upon its author, Senator Jane Nelson, to
explain the bill. Senator Nelson did so. A complete
committee substitute for Senate Bill No. 173
(Legislative Council inventory number 78R8200 RCJ-D)
was laid before the Committee in lieu of the original
bill.
The Chair noted that all testimony and activities in
the committee room are being recorded and transmitted.
The Chair recognized Major General Wayne D. Marty,
Adjutant General of the State of Texas, and Staff Judge
Advocate (SGR-JAG) Colonel Bill M. Reimer, Texas Army
National Guard, to come forward and testify. General
Marty commenced testimony ON the Committee Substitute
for Senate Bill No. 173 and then Colonel Bill M. Reimer
commenced testimony ON the Committee Substitute for
Senate Bill No. 173. The two then testified in tandem.
Senator Shapleigh now present (1:54 p.m.)
The Chair recognized Mr. Dan Wilson, Executive
Assistant, Office of the Comptroller of Public
Accounts, who testified ON the Committee Substitute for
Senate Bill No. 173.
The Chair recognized The Honorable Mary Horn, County
Judge of Denton County, who testified IN FAVOR OF the
Committee Substitute for Senate Bill No. 173.
The Chair asked if anyone else would like to testify
for, against, or on the Committee Substitute for Senate
Bill No. 173. There was no response. The Chair
declared public testimony to be closed on the Committee
Substitute for Senate Bill No. 173.
Senator Nelson requested that the Committee Substitute
for Senate Bill No. 173 NOT be sent to the Local and
Uncontested Calendar but, rather, be processed in the
usual manner so that action may be taken upon it on the
floor of the full Senate so that a two-thirds vote
might be obtained in order to possibly afford the bill
immediate effect.
The Chair announced that Committee Substitute for
Senate Bill No. 173 would be temporarily left pending
until the arrival of a quorum at today's hearing.
The Chair laid before the Committee both Senate Bill
No. 81 as well as Senate Bill No. 85 and first called
upon Senator Judith Zaffirini, author of Senate Bill
No. 81, to explain that bill. Senator Zaffirini did
so. The Chair then called upon Senator Jeff Wentworth,
author of Senate Bill No. 85, to explain that bill.
Senator Wentworth asked that a Committee Substitute for
Senate Bill No. 85 be considered in lieu of the
original bill. The Chair laid before the Committee the
complete Committee Substitute for Senate Bill No. 85
(Legislative Council inventory number 78R8431 JRD-D),
and Senator Wentworth explained the Committee
Substitute for that bill.
The Chair recognized The Honorable Gerry Rickhoff,
County Clerk of Bexar County, who testified IN FAVOR OF
Senate Bill No. 81 and the Committee Substitute for
Senate Bill No. 85.
At the request of the Chair, Senator Wentworth offered
further explanation of the Committee Substitute for
Senate Bill No. 85.
The Chair recognized Mr. Eliseo "EZ" Mull, Recording
Manager, Bexar County Clerk's Office, who testified IN
FAVOR OF Senate Bill No. 81 and the Committee
Substitute for Senate Bill No. 85.
The Chair recognized Mr. Michael Palmquist, Department
Adjutant, The American Legion, who testified IN FAVOR
OF the Committee Substitute for Senate Bill No. 85.
The Vice Chair posed questions to Senator Wentworth.
Senator Wentworth responded to those questions.
The Chair recognized Mr. Danny T. Lents, who testified
IN FAVOR OF Senate Bill No. 81 and the Committee
Substitute for Senate Bill No. 85. Mr. Lents provided
written material to accompany his testimony.
Senator Wentworth posed questions to Mr. Lents. Mr.
Lents responded to those questions.
The Chair recognized Mr. Chris LaPlante to testify ON
Senate Bill No. 81 and the Committee Substitute for
Senate Bill No. 85. Before that could commence, the
Chair announced that the Committee would temporarily
suspend testimony on Senate Bill No. 81 and the
Committee Substitute for Senate Bill No. 85, so that
the Committee could resume consideration of the
Committee Substitute for Senate Bill No. 173 (78R8200
RCJ-D) while a quorum was in fact present.
The Chair called up the Committee Substitute for Senate
Bill No. 173 and announced that public testimony on
same had been closed.
On motion of Senator Shapleigh, seconded by Vice Chair
Estes, the Committee voted (3 YEAS--Chair Van de Putte,
Vice Chair Estes and Shapleigh; 0 NAYS; 2
ABSENT--Fraser and Madla; and 0 PNV) to favorably
recommend the Committee Substitute for Senate Bill No.
173--in lieu of the original Senate Bill No. 173--back
to the full Senate with the recommendation that it do
pass.
The Committee resumed its consideration of Senate Bill
No. 81 and the Committee Substitute for Senate Bill No.
85.
Mr. Chris LaPlante commenced his testimony ON Senate
Bill No. 81 and the Committee Substitute for Senate
Bill No. 85.
The Chair posed questions to Mr. LaPlante. Mr.
LaPlante responded to those questions.
The Chair noted that Mr. Seth Mitchell,
Intergovernmental Services Manager, Bexar County
Commissioners Court, had registered IN FAVOR OF Senate
Bill No. 81 and the Committee Substitute for Senate
Bill No. 85, but that Mr. Mitchell did not wish to
actually testify.
The Chair recognized Mr. Allen Place, representing the
Texas Land Title Association, to testify ON Senate Bill
No. 81 and the Committee Substitute for Senate Bill No.
85.
The Chair posed questions to Mr. Place. Mr. Place
responded to those questions.
The Chair noted that Mr. Jim Campbell, representing the
City of San Antonio, had registered IN FAVOR OF Senate
Bill No. 81 and the Committee Substitute for Senate
Bill No. 85, but that Mr. Campbell did not wish to
actually testify.
The Chair asked if there were any other persons present
wishing to testify, for, against, or on Senate Bill No.
81 or the Committee Substitute for Senate Bill No. 85.
There was no response. The Chair announced that the
public testimony on Senate Bill No. 81 and on the
Committee Substitute for Senate Bill No. 85 would now
be closed. The Chair announced that Senate Bill No. 81
and the Committee Substitute for Senate Bill No. 85
would both be left pending before the Committee.
The Chair laid before the Committee Senate Bill No. 655
and called upon its author, Senator Eliot Shapleigh, a
member of the Committee, to explain the bill. Senator
Shapleigh did so.
Senator Shapleigh offered a complete Committee
Substitute for Senate Bill No. 655 (Legislative Council
inventory number 78R8580 MXM-D). The Chair laid the
Committee Substitute before the Committee in lieu of
the original bill.
The Chair recognized Mr. Cruz Montemayor, Information
and Training Director, Texas Veterans' Commission, and
Mr. James E. Nier, Executive Director, Texas Veterans'
Commission, as well as Mr. Phil Barrett,
Director-TexasOnLine, Department of Information
Resources-TexasOnLine, who all three testified in
tandem ON the Committee Substitute for Senate Bill No.
655, and narrated a concomitant slide presentation on
the "E-Vets" website on the Internet.
Senator Shapleigh offered further explanation of need
for the legislation.
The Chair posed questions about electronic signatures.
Mr. Barrett and Senator Shapleigh responded to those
questions.
The Chair posed questions about SECTION 3 of the
Committee Substitute for Senate Bill No. 655, at Page
3, Lines 24 and 25. Senator Shapleigh responded to
those questions.
The Chair called attention to the Fiscal Note prepared
for the original version of Senate Bill No. 655.
Senator Shapleigh and Mr. Barrett responded by pointing
out that the costs referred to in the Fiscal Note would
not apply to the Committee Substitute for Senate Bill
No. 655.
Senator Shapleigh offered Committee Amendment No. 1
(not prepared by Legislative Council nor by the Senate
Enrolling and Engrossing Office) to the Committee
Substitute for Senate Bill No. 655 (Legislative Council
inventory number 78R8580 MXM-D).
The Chair posed questions about the fiscal implications
of provisions contained within the Committee Substitute
for Senate Bill No. 655. Senator Shapleigh and Mr.
Nier responded to those questions.
The aforementioned Committee Amendment No. 1 to the
Committee Substitute for Senate Bill No. 655 was
adopted without objection. The Chair ordered that
Committee Amendment No. 1 be put into the body of the
Committee Substitute for Senate Bill No. 655 (78R8580
MXM-D) so that the Committee would report back to the
full Senate one unified document containing the
provisions of Committee Amendment No. 1.
The Chair asked if there was anyone else present
wishing to testify for, against, or on Committee
Substitute for Senate Bill No. 655, and then asked if
Mr. Jim Duncan, of the Texas Veterans' Commission,
would like to testify. Mr. Nier informed the Chair
that Mr. Duncan had to leave the hearing for another
committee's hearing and, therefore, would not be able
to testify. Mr. Duncan had, however, registered ON
Senate Bill No. 655.
The Chair posed questions relative to official
government forms executed electronically, and the
potential ramifications of making an unintentional
error upon such a form, and the availability of
assistance to persons filling out such forms
electronically. Mr. Barrett and Senator Shapleigh
responded to those questions.
The Chair asked if there was anyone else present
wishing to testify for, against, or on the Committee
Substitute for Senate Bill No. 655. There was no
response. The Chair then announced that the public
testimony on the Committee Substitute for Senate Bill
No. 655 had now closed.
On motion of Senator Shapleigh, the Committee voted (3
YEAS--Chair Van de Putte, Vice Chair Estes and
Shapleigh; 0 NAYS; 2 ABSENT--Fraser and Madla; and 0
PNV) to favorably recommend the Committee Substitute
for Senate Bill No. 655 (Legislative Council inventory
number 78R8580 MXM-D)--in lieu of the original Senate
Bill No. 655--back to the full Senate with the
recommendation that it do pass. In compliance with the
previous order of the Chair, the provisions of the
aforementioned (and previously-adopted) Committee
Amendment No. 1 are to be reflected in the Committee
Substitute for Senate Bill No. 655, and the Legislative
Council is then to be asked to prepare a revised
Committee Substitute to replace the one designated as
78R8580 MXM-D.
The Chair laid before the Committee Senate Bill No. 583
and called upon its author, Senator Eliot Shapleigh, a
member of the Committee, to explain the bill. Senator
Shapleigh did so.
The Chair posed questions to Senator Shapleigh relative
to strategies for the current war on terrorism and
about security and public access to information.
Senator Shapleigh responded to those questions.
The Vice Chair posed questions to Senator Shapleigh
relative to the federal government ignoring the
provisions of Senate Bill No. 583 if that bill should
become state law and if it would be in conflict with
federal law or with federal policies. Senator
Shapleigh responded to those questions.
The Chair asked if there were any other persons present
wishing to testify for, against, or on Senate Bill No.
583. There was no response. The Chair announced that
public testimony on Senate Bill No. 583 had now closed.
The Chair noted that Major General Wayne D. Marty had
registered ON Senate Bill No. 583, but that General
Marty was no longer present at the hearing and,
therefore, would not be able to testify.
On motion of Senator Shapleigh, the Committee voted (3
YEAS--Chair Van de Putte, Vice Chair Estes and Senator
Shapleigh; 0 NAYS; 2 ABSENT--Fraser and Madla; and 0
PNV) to favorably report Senate Bill No. 583 back to
the full Senate with the recommendation that it do
pass. On motion of Senator Shapleigh, and without
objection, Senate Bill No. 583 was recommended for the
Local and Uncontested calendar.
The Chair laid before the Committee the minutes of the
previous hearing of the Committee which had been held
on Wednesday, March 5, 2003. On motion of Senator
Shapleigh, and without objection, those minutes were
approved.
There being no further business, the Chair, at 3:49
p.m., RECESSED the Committee subject to the call of the
Chair.
_____________________________________________
LETICIA VAN DE PUTTE, R.Ph., Chair
______________________________________________
GREGORY D. WATSON, Committee Clerk