MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Thursday, April 19, 2007;

Upon adjournment,

Senate Chamber

 

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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 19, 2007, in the Senate Chamber at Austin, Texas.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Robert Duncan

Senator Tommy Williams

Senator John Carona

Senator Rodney Ellis

Senator Troy Fraser

Senator Chris Harris

Senator Mike Jackson

Senator Eddie Lucio, Jr.

 

Senator Leticia Van de Putte

 

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The chair called the meeting to order at 4:40 p.m.   The following business was transacted:

 

At 4:40 p.m. Senator Carona assumed the chair. 

 

The chair laid out pending business SB 1204 and recognized the author, 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 senate 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. The chair moved that SB 1204 be left pending to await a quorum; without objection, it was so ordered.

 

At 4:50 p.m. Senator Duncan resumed the chair.

 

The chair laid out HB 1003 and recognized the Senate sponsor, Senator Watson, 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.  The chair moved that HB 1003 be left pending; without objection, it was so ordered.    

 

The chair laid out HB 1006 and recognized the Senate sponsor, Senator Watson, 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.  The chair moved that HB 1006 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 791 and recognized the author, Senator Williams, 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 791 be left pending; without objection, it was so ordered. 

 

At 5:30 p.m. Senator Williams assumed the chair.    

 

The chair laid out SB 1391 and recognized the author, Senator Uresti, to explain the bill.  Senator Harris sent up a committee substitute; the chair recognized Senator Uresti to explain the difference between the committee substitute and the senate 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 Williams moved that SB 1391 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1255 and recognized the author, Senator Averitt, to explain the bill.  Senator Harris sent up a committee substitute; the chair recognized Senator Averitt to explain the difference between the committee substitute and the senate bill as filed.  The chair moved that SB 1255 be left pending the arrival of a quorum; without objection, it was so ordered

 

The chair laid out SB 704 and recognized the author, Senator Lucio, Jr., to explain the bill.  Senator Harris sent up a committee substitute; the chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the senate 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.  The chair moved that SB 704 be left pending the arrival of a quorum; without objection, it was ordered.

 

The chair laid out SB 972 and recognized Senator Lucio, Jr., in the absence of the author, to explain the bill. Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the senate bill as filed.  Senator Harris sent up Committee Amendment 1 to SB 972.  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 that SB 972 be left pending; without objection, it was so ordered. 

 

At 5:57 p.m. Senator Duncan resumed the chair.

 

The chair laid out SB 1552 and recognized the Senator Lucio, Jr., in absence of the author, 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 1552 be left pending; without objection, it was so ordered. 

 

At 6:02 p.m. Senator Carona assumed the chair. 

 

The chair laid out as a matter of pending business SB 1731 and recognized the author, 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 senate 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.  The chair moved that SB 1731 be left pending temporarily; without objection, it was so ordered.

 

At 6:17 p.m. Senator Duncan resumed the chair. 

 

Upon arrival of a quorum, the chair requested the roll call.  Senators Duncan, Williams, Carona, Fraser, Harris, Jackson, and Lucio, Jr. were all present.  A quorum was established at 6:17 p.m.  Senator Ellis arrived after the roll was called.

 

At 6:18 p.m. Senator Williams assumed the chair. 

 

The chair laid out SB 380 and recognized Senator Duncan, in the absence of the author, to explain the bill.  Senator Williams sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 380 do not pass but that CSSB 380 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.  Senator Ellis requested unanimous consent to be shown voting AYE on SB 380; without objection, it was so ordered.

 

The chair laid out SB 1102 and recognized the author, 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 senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1102 do not pass but that CSSB 1102 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.   Senator Ellis requested unanimous consent to be shown voting AYE on SB 1102; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 1204 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan sent up Committee Amendment 1 to SB 1204.  Senator Duncan moved adoption of the committee amendment; without objection, it was so ordered.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan requested unanimous consent to roll the amendments into a new committee substitute; without objection, it was so ordered.  Senator Duncan then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Duncan moved that SB 1204 do not pass but that CSSB 1204 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.  Senator Ellis requested unanimous consent to be shown voting AYE on SB 1204; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 1731.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1731 do not pass but that CSSB 1731 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.  Senator Ellis requested unanimous consent to be shown voting AYE on SB 1731; without objection, it was so ordered.  Senator Ellis requested unanimous consent to be shown voting AYE on SB 1731; without objection, it was so ordered. 

 

The chair laid out SB 1846 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Duncan sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  Senator Duncan requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Duncan then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Duncan moved that SB 1846 do not pass but that CSSB 1846 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. 

 

At 6:21 p.m. Senator Duncan resumed the chair. 

 

The chair laid out as a matter of pending business SB 1255.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered. Senator Carona moved that SB 1255 do not pass but that CSSB 1255 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.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Ellis requested unanimous consent to be shown voting AYE on SB 1255.

 

The chair laid out SB 297 and recognized Senator Lucio, Jr., in the absence of the author, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Lucio, Jr. to explain the difference between the committee substitute and the senate bill as filed.  Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 297 do not pass but that CSSB 297 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.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Ellis requested unanimous consent to be shown voting aye on SB 297; without objection, it was so ordered.

 

The chair laid out HB 823 and recognized the Senate sponsor, Senator Williams, to explain the bill.  Senator Williams sent up a committee substitute; the chair recognized to explain the difference between the committee substitute and the house bill as engrossed.  Senator Williams 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 Williams moved that HB 823 do not pass but that CSHB 823 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.  Senator Williams moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Ellis requested unanimous consent to be shown voting AYE on HB 823; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 704 and recognized the author, Senator Lucio, Jr. to explain the bill.  Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 704 do not pass but that CSSB 704 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.    Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Ellis requested unanimous consent to be shown voting AYE on SB 704; without objection, it was so ordered.

 

At 6:49 p.m. Senator Williams assumed the chair. 

 

The chair laid out SB 1847 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan moved to withdraw from consideration SB 1847; without objection, it was so ordered.  The chair moved that SB 1847 be left pending; without objection, it was so ordered.

 

At 6:50 p.m. Senator Duncan resumed the chair. 

 

The chair laid out HB 2252 and recognized the Senate sponsor, Senator Williams, 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 Williams moved that HB 2252 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 236 and recognized Senator Carona, in the absence of the author, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate 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 Carona moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona moved that SB 236 do not pass but that CSSB 236 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 Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Ellis requested unanimous consent to be shown voting AYE on SB 236; without objection, it was so ordered.

 

At 7:02 p.m. Senator Williams assumed the chair. 

 

The chair laid out HB 2005 and recognized the Senate sponsor, Senator Duncan, 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.  The chair moved that HB 2005 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1101 and recognized the author, 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 senate bill as filed.  The chair moved that SB 1101 be left pending; without objection, it was so ordered. 

 

At 7:05 p.m. Senator Duncan resumed the chair.  The chair laid out SB 1398 and recognized the author, Senator Williams, 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.   The chair moved that SB 1398 be left pending the arrival of a quorum; without objection, it was so ordered. 

 

The chair laid out SB 1637 and recognized the author, Senator Williams, to explain the bill.  Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that SB 1637 be left pending the arrival of a quorum; without objection, it was so ordered.  The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

The chair laid out SB 1884 and recognized the author, Senator Williams, 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 senate 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.  The chair moved that SB 1884 be left pending; without objection, it was so ordered. 

 

There being no further business, at 7:25 p.m. 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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Anna Beth White, Clerk