MINUTES
SENATE COMMITTEE ON INTERGOVERNMENTAL RELATIONS
Wednesday, April 6, 2005
9:00 a.m.
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on
Intergovernmental Relations was held on Wednesday, April 6,
2005, in the Capitol Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Frank Madla None
Senator Kim Brimer
Senator Bob Deuell
Senator Mario Gallegos, Jr.
Senator Jeff Wentworth
*****
The chair called the meeting to order at 9:02 a.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 425 and recognized the author, Senator
Hinojosa, to explain the bill. Senator Deuell sent up a
committee substitute; the chair recognized Senator Hinojosa to
explain the difference between the committee substitute and the
bill as filed. Witnesses 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 Madla
moved that SB 425 be left pending; without objection, it was so
ordered.
The chair laid out SB 854 and recognized the author, Senator
Lucio, Jr., to explain the bill. The chair temporarily tabled
SB 854 to call the roll. Testimony resumed, witnesses
testifying and registering on the bill are shown on the attached
list. Senator Wentworth assumed the chair. Senator Madla
resumed the chair. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Madla
moved that SB 854 be left pending; without objection, it was so
ordered.
The chair laid out SB 1498 and recognized the author, Senator
Fraser, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Fraser 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.
There were no witnesses testifying or registering on the bill.
The chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Madla moved that SB 1498
be left pending; without objection, it was so ordered.
The chair laid out SB 621 and recognized the author, Senator
Janek, to explain the bill. Witnesses 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 Madla moved that SB 621 be left pending; without
objection, it was so ordered.
The chair laid out SB 883, SB 884, SB 885, SB 886, SB 887, SB
889,and SB 891 at the same time. The author, Senator Williams,
was recognized to explain the bills. Witnesses testifying and
registering on the bills are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Madla moved that SB 883,
SB 884, SB 885, SB 886, SB 887, SB 889,and SB 891 be left
pending; without objection, it was so ordered.
Senator Gallegos, Jr. moved adoption of the minutes from the
previous hearings held on March 23, 2005, and March 30, 2005;
without objection, it was so ordered.
At 10:38 a.m. Senator Madla moved that the committee stand
recessed until after adjournment of the Senate; without
objection, it was so ordered.
At 3:04 p.m. the committee reconvened.
The chair laid out SB 468 and recognized the author, Senator
Deuell, to explain the bill. There were no witnesses testifying
or registering on the bill. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Madla moved that SB 468 be left pending; without
objection, it was so ordered.
The chair laid out SB 514 and recognized the author, Senator
Deuell, to explain the bill. Senator Deuell sent up a committee
substitute; the chair recognized Senator Deuell to explain the
difference between the committee substitute and the bill as
filed. Witnesses 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 Madla
moved that SB 514 be left pending; without objection, it was so
ordered.
The chair laid out SB 515 and SB 516 at the same time and
recognized the author, Senator Deuell, to explain the bill.
Senator Deuell sent up a committee substitute to SB 515; the
chair recognized Senator Deuell to explain the difference
between the committee substitute and the bill as filed. Senator
Deuell sent up a committee substitute for SB 516; the chair
recognized Senator Deuell to explain the difference between the
committee substitute and the bill as filed. Witnesses
registering on the bills are shown on the attached list. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Madla moved that SB 515
and SB 516 be left pending; without objection, it was so
ordered.
Senator Deuell assumed the chair.
The chair laid out SB 1435 and recognized the author, Senator
Madla, to explain the bill. Witnesses 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 Deuell moved that SB 1435 be left pending; without
objection, it was so ordered.
The chair laid out SB 1436 and recognized the author, Senator
Madla, to explain the bill. Senator Madla sent up a committee
substitute; the chair recognized Senator Madla to explain the
difference between the committee substitute and the bill as
filed. Witnesses 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 Deuell
moved that SB 1436 be left pending; without objection, it was so
ordered.
The chair laid out SB 1437 and recognized the author, Senator
Madla, to explain the bill. Witnesses 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 Deuell moved that SB 1437 be left pending; without
objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out SB 898 and recognized the author, Senator
Carona, to explain the bill. Witnesses 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 Madla moved that SB 898 be left pending; without
objection, it was so ordered.
Senator Deuell assumed the chair.
The chair laid out SB 1434 and recognized the author, Senator
Madla, to explain the bill. 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 Madla sent up a committee
substitute; the chair recognized Senator Madla to explain the
difference between the committee substitute and the bill as
filed. Senator Deuell moved that SB 1434 be left pending;
without objection, it was so ordered.
The chair laid out SB 1339 and recognized the author, Senator
Madla, to explain the bill. Senator Madla sent up a committee
substitute; the chair recognized Senator Madla 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 chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Deuell moved that SB 1339 be left pending; without
objection, it was so ordered.
The chair laid out SB 1203 and recognized the author, Senator
Madla, to explain the bill. Senator Madla sent up a committee
substitute; the chair recognized Senator Madla to explain the
difference between the committee substitute and the bill as
filed. Witnesses 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 Deuell
moved that SB 1203 be left pending; without objection, it was so
ordered.
The chair laid out SB 1430 and recognized the author, Senator
Madla, to explain the bill. Witnesses 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 Deuell moved that SB 1430 be left pending; without
objection, it was so ordered.
The chair laid out SB 1438 and recognized the author, Senator
Madla, to explain the bill. 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 Madla moved that SB 1438
be left pending; without objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out SB 935 and recognized the author, Senator
West, to explain the bill. Senator Gallegos, Jr. sent up a
committee substitute; the chair recognized Senator West to
explain the difference between the committee substitute and the
bill as filed. Senator Gallegos, Jr. 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. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Madla
moved that SB 935 be left pending; without objection, it was so
ordered.
The chair laid out SB 1022 and recognized the author, Senator
Barrientos, to explain the bill. Senator Gallegos, Jr. sent up a
proposed committee substitute; the chair recognized Senator
Barrientos 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
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Gallegos, Jr. sent up
Committee Amendment 1 and the chair recognized Senator
Barrientos to explain. Senator Gallegos, Jr. sent up Committee
Amendment 2 and the chair recognized Senator Barrientos to
explain. Senator Gallegos, Jr. sent up Committee Amendment 3
and the chair recognized Senator Barrientos to explain. Senator
Madla moved that SB 1022 be left pending; without objection, it
was so ordered.
Senator Gallegos, Jr. assumed the chair.
The chair laid out SB 1372 and recognized the author, Senator
Madla, to explain the bill. 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 Madla moved that SB 1372
be left pending; without objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out SB 1417 and recognized the author, Senator
Gallegos, Jr., to explain the bill. Senator Gallegos, Jr. sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. Senator Gallegos, Jr. sent up
Committee Amendment 2 and moved adoption; without objection, the
amendment was adopted. Witnesses 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 Gallegos, Jr. moved that SB 1417, as amended, 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 nay, 0 present not voting, and 1 absent. Senator
Gallegos, 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 1421 and recognized the author, Senator
Gallegos, Jr., to explain the bill. Witnesses 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 Gallegos, Jr. moved that SB 1421 be left
pending; without objection, it was so ordered.
The chair laid out SB 1423 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. The
chair moved that the public testimony be closed; without
objection, it was so ordered. Senator Gallegos, Jr. moved that
SB 1423 be left pending; without objection, it was so ordered.
The chair announced that the committee will now vote on the
bills previously left pending.
The chair laid out pending business SB 425. Senator Gallegos,
Jr. sent up a committee substitute and moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Gallegos, Jr. moved that SB 425 do not pass but that
CSSB 425 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 nay, 0 present not voting, and 0
absent. Senator Gallegos, Jr. moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 468. Senator Deuell
moved that SB 468 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 nay, 0 present not
voting, and 1 absent. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 514. Senator Deuell sent
up a committee substitute and moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Deuell moved that SB 514 do not pass but that CSSB 514 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 nay, 0 present not voting, and 1 absent. Senator Deuell
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out pending business SB 515. Senator Deuell sent
up a committee substitute and moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Deuell moved that SB 515 do not pass but that CSSB 515 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 nay, 0 present not voting, and 1 absent. Senator Deuell
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out pending business SB 516. Senator Deuell sent
up a committee substitute and moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Deuell moved that SB 516 do not pass but that CSSB 516 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 nay, 0 present not voting, and 1 absent. Senator Deuell
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out pending business SB 621. Senator Gallegos,
Jr. moved that SB 621 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 nay, 0 present not
voting, and 0 absent. Senator Gallegos, Jr. moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out pending business SB 854. Senator Madla moved
that SB 854 be left pending; without objection, it was so
ordered.
The chair laid out pending business SB 883. Senator Deuell
moved that SB 883 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 nay, 0 present not
voting, and 0 absent. Senator Gallegos, Jr. moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out pending business SB 884. Senator Brimer
moved that SB 884 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 nay, 0 present not
voting, and 0 absent. Senator Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 885. Senator Brimer
moved that SB 885 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 nay, 0 present not
voting, and 0 absent. Senator Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 886. Senator Brimer
moved that SB 886 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 nay, 0 present not
voting, and 0 absent. Senator Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 887. Senator Brimer
moved that SB 887 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 nay, 0 present not
voting, and 0 absent. Senator Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 889. Senator Brimer
moved that SB 889 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 nay, 0 present not
voting, and 0 absent. Senator Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 891. Senator Brimer
moved that SB 891 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 nay, 0 present not
voting, and 0 absent. Senator Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 898. Senator Brimer
moved that SB 898 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 nay, 0 present not
voting, and 1 absent. Senator Brimer moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business CSSB 935. Senator Gallegos,
Jr. moved that SB 935 do not pass but that CSSB 935 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
nay, 0 present not voting, and 1 absent. Senator Gallegos, Jr.
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out pending business SB 1022. Senator Gallegos,
Jr. sent up Committee Amendment 1 and moved adoption; without
objection, it was so ordered. Senator Gallegos, Jr. sent up
Committee Amendment 2 and moved adoption; without objection, it
was so ordered. Senator Gallegos, Jr. sent up Committee
Amendment 3 and moved adoption; without objection, it was so
ordered. Senator Gallegos, Jr. requested unanimous consent to
roll the amendments into the committee substitute; without
objection, it was so ordered. Senator Gallegos, Jr. then moved
that the new committee substitute be adopted; without objection,
it was so ordered. Senator Gallegos, Jr. moved that SB 1022 do
not pass but that CSSB 1022 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 nay, 0 present not
voting, and 1 absent. Senator chair moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Brimer assumed the chair.
The chair laid out pending business SB 1430. Senator Gallegos,
Jr. moved that SB 1430 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 nay, 0 present not
voting, and 0 absent. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 1435. Senator Deuell
moved that SB 1435 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 nay, 0 present not
voting, and 1 absent. Senator Gallegos, Jr. moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out pending business SB 1436. Senator Gallegos,
Jr. moved that SB 1436 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 nay, 0 present not
voting, and 1 absent. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 1437. Senator Gallegos,
Jr. moved that SB 1437 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 nay, 0 present not
voting, and 1 absent. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 1434. Senator Madla sent
up a committee substitute and moved adoption; without objection,
it was so ordered. Senator Gallegos, Jr. moved that SB 1434 do
not pass but that CSSB 1434 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 nay, 0 present not
voting, and 0 absent. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 1203. Senator Madla sent
up a committee substitute and moved adoption; without objection,
it was so ordered. Senator Gallegos, Jr. moved that SB 1203 do
not pass but that CSSB 1203 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 nay, 0 present not
voting, and 1 absent. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out pending business SB 1339. Senator Madla sent
up a committee substitute and moved adoption; without objection,
it was so ordered. Senator Deuell moved that SB 1339 do not
pass but that CSSB 1339 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 nay, 0 present not
voting, and 1 absent. Senator Deuell moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 1436 and moved to reconsider the vote on
SB 1436; without objection, it was so ordered. Senator Madla
sent up a committee substitute and moved adoption; without
objection, it was so ordered. Senator Gallegos, Jr. moved that
SB 1436 do not pass but that CSSB 1436 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 nay, 0
present not voting, and 1 absent. Senator Deuell moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Madla resumed the chair.
The chair laid out pending business CSSB 1498. Senator Madla
moved that CSSB 1498 be left pending; without objection, it was
so ordered.
The chair laid out pending business SB 369. Senator Madla moved
that SB 369 be left pending; without objection, it was so
ordered.
Senator Brimer assumed the chair.
The chair laid out SB 1335 and recognized the author, Senator
Madla, to explain the bill. Senator Madla sent up a committee
substitute; the chair recognized Senator Madla to explain the
difference between the committee substitute and the bill as
filed. Senator Madla 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. The chair moved that the public testimony be closed;
without objection, it was so ordered. Senator Madla moved that
SB 1335 do not pass but that CSSB 1335 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, 1 nay, 0
present not voting, and 0 absent.
Senator Madla resumed the chair.
The chair laid out SB 1417 and Senator Brimer moved to
reconsider the vote on SB 1417; without objection, it was so
ordered. Senator Brimer requested unanimous consent to roll the
amendments into a committee substitute; without objection, it
was so ordered. Senator Brimer then moved that the committee
substitute be adopted; without objection, it was so ordered.
Senator Brimer moved that SB 1417 do not pass but that CSSB 1417
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 nay, 0 present not voting, and 1 absent.
Senator Wentworth requested to be shown voting aye on SB 621, SB
425, SB 883, SB 884, SB 885, SB 886, SB 887, SB 889, SB 891, SB
1430, and SB 1434; without objection, it was so ordered.
Senator Wentworth requested to be shown voting nay on SB 1335;
without objection, it was so ordered.
There was no action taken for the following bill(s): SB 1418,
CSSB 447, SB 1104, and SB 1137
There being no further business, at 5:12 p.m. Senator Madla
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
_____________________________
Senator Frank Madla, Chair
_____________________________
Christine Wright, Clerk