MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, April 28, 2005
11:00 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 Thursday, April 28, 2005, in the Senate Chamber at
Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Robert Duncan Senator Mike Jackson
Senator Tommy Williams Senator Frank Madla
Senator Kenneth Armbrister
Senator Rodney Ellis
Senator Troy Fraser
Senator Chris Harris
Senator Eddie Lucio, Jr.
*****
The chair called the meeting to order at 2:30 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 623 and recognized the author, Senator
Hinojosa, 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 Duncan moved that SB 623
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Lucio, Jr. moved
that SB 623 be reported favorably 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 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 HB 256 and recognized the Senate sponsor,
Senator Estes, 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 Duncan moved that HB 256
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Williams moved that
HB 256 be reported favorably 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.
The chair laid out HB 604 and recognized Senator Estes, in the
absence of the Senate sponsor, to explain the bill. The chair
moved that the public testimony be closed; without objection, it
was so ordered. Upon arrival of a quorum, Senator Lucio, Jr.
moved that HB 604 be reported favorably 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 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 HB 1602 and recognized the Senate sponsor,
Senator Janek, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Duncan moved that HB 1602 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Williams moved that HB 1602 be
reported favorably 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
Williams moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out SB 1739 and recognized the author, Senator
Carona, 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 Duncan moved that SB 1739
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Williams moved that
SB 1739 be reported favorably 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 Harris assumed the chair.
The chair laid out HB 736, HB 737, HB 738, HB 739, HB 740, HB
741, HB 742, HB 743, and HB 744 and recognized the Senate
sponsor, Senator Duncan, to explain the bills. The chair moved
that the public testimony for these bills be closed; without
objection, it was so ordered.
Senator Harris moved that HB 736 be left pending to await a
quorum; without objection, it was so ordered. Senator Duncan
resumed the chair. Upon arrival of a quorum, Senator Williams
assumed the chair. Senator Armbrister moved that the vote to be
taken for HB 736 also apply to every bill that was laid out with
it; without objection, it was so ordered. Senator Duncan moved
that HB 736, HB 737, HB 738, HB 739, HB 740, HB 741, HB 742, HB
743, and HB 744 be reported favorably to the Senate with the
recommendation that they 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 Duncan moved that the bills be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Duncan resumed the chair.
Senator Harris assumed the chair.
The chair laid out HB 755 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Senator Duncan sent up a
committee substitute; the chair recognized Senator Duncan to
explain the difference between the committee substitute and the
bill as filed. Senator Duncan moved adoption of the committee
substitute; without objection, it was so ordered. The chair
moved that the public testimony be closed; without objection, it
was so ordered. Senator Harris moved that HB 755 be left
pending to await a quorum; without objection, it was so ordered.
Senator Duncan resumed the chair. Upon arrival of a quorum,
Senator Williams assumed the chair. Senator Duncan moved that
HB 755 be reported favorably 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 Duncan moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Duncan resumed the chair.
The chair laid out HB 1285 and recognized Senator Harris, in the
absence of the Senate sponsor, to explain the bill. Senator
Harris sent up Committee Amendment 1. 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 Williams moved adoption
of Committee Amendment 1; without objection, the amendment was
adopted. Senator Armbrister moved that HB 1285, 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 7
ayes, 0 nay, 0 present not voting, and 2 absent.
The chair laid out SB 727 and recognized Senator Williams, in
the absence of the author, to explain the bill. Senator
Williams sent up a committee substitute; the chair recognized
Senator Williams to explain the difference between the committee
substitute and the bill as filed. Senator Williams moved
adoption of the committee substitute; without objection, it was
so ordered. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator Williams
moved that SB 727 do not pass but that CSSB 727 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 Williams moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Williams assumed the chair.
The chair laid out pending business SB 1738. Senator Duncan
sent up a committee substitute; the chair recognized Senator
Duncan to explain the difference between the committee
substitute and the bill as filed. Senator Duncan moved adoption
of the committee substitute; without objection, it was so
ordered.
Senator Armbrister assumed the chair. Senator Duncan moved that
SB 1738 do not pass but that CSSB 1738 be reported back to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a record vote of 6 ayes, 0 nay, 0
present not voting, and 3 absent. Senator Armbrister moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Senator Duncan resumed the chair.
The chair laid out pending business SB 309. Senator Lucio moved
to reconsider the vote by which a committee substitute had been
previously adopted; without objection, it was so ordered and the
committee substitute was laid on the table. Senator Lucio then
withdrew the substitute from consideration and offered a new
committee substitute. Senator Lucio was recognized to explain
the differences between the substitute and the bill as filed and
moved adoption of the new committee substitute; without
objection, it was so ordered. Senator Lucio, Jr. moved that SB
309 do not pass but that CSSB 309 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 Lucio, Jr. moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
There being no further business, Senator Duncan moved that the
Committee stand recessed subject to the call of the chair.
Without objection, it was so ordered.
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Senator Robert Duncan, Chair
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Teddy Carter, Clerk