MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Thursday, April 2, 2009

8:30 a.m.

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 2, 2009, in the Senate Chamber.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Robert Duncan

Senator Bob Deuell

Senator John Carona

Senator Rodney Ellis

Senator Troy Fraser

Senator Chris Harris

Senator Eddie Lucio, Jr.

Senator Leticia Van de Putte

 

Senator Mike Jackson

 

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The chair called the meeting to order at 8:55 a.m.  The following business was transacted:

 

Senator Deuell assumed the chair. 

 

The chair laid out SB 1500 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.   There being a quorum present, the chair moved adoption of the committee substitute to SB 1500, without objection, it was so ordered.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Deuell moved that SB 1500 be left pending; without objection, it was so ordered.

 

Senator Duncan resumed the chair. 

 

The chair moved that the committee stand in recess until 30 minutes upon adjournment of the Senate; without objection, it was so ordered.

 

 

 

At 1:45 p.m. the committee reconvened. 

 

Senator Lucio, Jr. assumed the chair. 

 

The chair laid out as a matter of pending business SB 6 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 Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 6 do not pass but that CSSB 6 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.       

 

The chair laid out as a matter of pending business SB 1771 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 1771 do not pass but that CSSB 1771 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 Harris asked unanimous consent to be shown voting aye on SB 6; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 842.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Averitt 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.  The chair moved to reopen public testimony, without objection it was so ordered.   Witnesses testifying are shown on the attached list.  The chair moved to close public testimony; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 842 do not pass but that CSSB 842 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, 1 present not voting, and 0 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 as a matter of pending business SB 879.  Senator Van de Putte sent up a committee substitute; the chair recognized Senator Averitt 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 Van de Putte moved that SB 879 do not pass but that CSSB 879 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. 

 

The chair laid out as a matter of pending business SB 586 and recognized the author, Senator Carona, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Deuell 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 Carona moved that SB 586 do not pass but that CSSB 586 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1305 and recognized the author, Senator Patrick, to explain the bill.  Senator Ellis sent up a committee substitute; the chair recognized Senator Patrick 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 Harris moved that SB 1305 do not pass but that CSSB 1305 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 961 and recognized the author, Senator Ellis, to explain the bill.  Senator Ellis previously sent up a committee substitute.  Senator Ellis moved adoption of the committee substitute; without objection, it was so ordered.  Senator Ellis moved that SB 961 do not pass but that CSSB 961 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. 

 

The chair laid out SB 1071 and recognized the author, Senator Wentworth, to explain the bill.

Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Watson 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.  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 1071 be left pending; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1629 and recognized the author, Senator Wentworth, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed.   

 

Senator Lucio, Jr. assumed the chair. 

 

Senator Lucio, Jr. moved adoption of the committee substitute for SB 1629; 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 Lucio, Jr. moved that SB 1629 be left pending; without objection, it was so ordered. 

 

 

 

The chair laid out SB 1692 and recognized the author, Senator Wentworth, to explain the bill. 

 

Senator Duncan resumed the chair. 

 

Senator Carona sent up a committee substitute; the chair recognized Senator Wentworth 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. 

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 Duncan moved that SB 1692 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 390 and recognized the author, Senator Patrick, to explain the bill.

Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  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 Lucio, Jr. moved that SB 390 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.    Senator Lucio, Jr. moved to reconsider the vote by which SB 390 was reported; without objection, it was so ordered.  Senator Lucio, Jr. requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 390 do not pass but that CSSB 390 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. assumed the chair.

 

The chair laid out as a matter of pending business SB 1123 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 1123 do not pass but that CSSB 1123 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, 2 nays, 0 present not voting, and 1 absent.  

 

Senator Duncan resumed the chair. 

 

The chair laid out SB 281 and recognized the author, Senator Nelson, 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 Fraser moved that SB 281 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. 

 

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

 

The chair laid out SB 74 and recognized the author, Senator Nelson, to explain the bill.  Senator Fraser sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the senate bill as filed. 

 

Senator Lucio, Jr. assumed the chair. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

Senator Deuell assumed the chair. 

 

The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Deuell moved that SB 74 be left pending; without objection, it was so ordered.

 

The chair laid out SB 1291 and recognized the author, Senator Van de Putte, to explain the bill.

Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate bill as filed.

 

Senator Duncan assumed the chair. 

 

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 1291 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1814 and recognized the author, Senator Van de Putte, 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 Duncan moved that SB 1814 be left pending; without objection, it was so ordered.      

 

The chair laid out SB 1815 and recognized the author, Senator Van de Putte, 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 Duncan moved that SB 1815 be left pending; without objection, it was so ordered.     

 

The chair laid out SB 1211 and recognized the author, Senator Fraser, 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 Duncan moved that SB 1211 be left pending; without objection, it was so ordered.  

 

Senator Deuell assumed the chair. 

 

The chair laid out SB 551 and recognized the author, Senator Carona, 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.  Senator Carona sent up Committee Amendment 1 and explained the amendment.  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 551 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1810 and SJR 36 and recognized Senator Carona, in the absence of the author, to explain the bill.  Senator Carona sent up a committee substitute to SB 1810; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Witnesses registering on SB 1810 and SJR 36 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 1810 and SJR 36 be left pending; without objection, it was so ordered.

 

The chair laid out SB 1970 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 Deuell moved that SB 1970 be left pending; without objection, it was so ordered.   

 

The chair laid out SB 1912 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 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 1912 be left pending; without objection, it was so ordered.

 

The chair laid out SB 1152 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 Deuell moved that SB 1152 be left pending; without objection, it was so ordered. 

 

The chair moved the committee stand at ease; without objection it was so ordered.

 

The committee reconvened. 

 

The chair laid out SJR 42 and recognized the author, Senator Duncan, 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 Deuell moved that SJR 42 be left pending; without objection, it was so ordered. 

 

Senator Duncan resumed the chair. 

 

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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Erin Fry, Clerk