MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Thursday, May 10, 2001
1:30 p.m. or upon adjournment
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 State Affairs
was held on Thursday, May 10, 2001, in the Capitol Extension,
Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Florence Shapiro Senator Carlos Truan
Senator Kenneth Armbrister
Senator John Carona
Senator Troy Fraser
Senator Mario Gallegos, Jr.
Senator Chris Harris
Senator Frank Madla
Senator Eliot Shapleigh
*****
The chair called the meeting to order at 2:59 p.m. There being
a quorum present, the following business was transacted:
There was no action taken for the following bill(s): HB7
The posting rule, Senate Rule 11.18, was suspended to hear the
following bill(s): HB7, HB249, HB811, HB1428, HB1450, HB1831, HB
2313, HB 2616, HB3323, HB3433
The chair laid out HB3323 and recognized the Senate sponsor,
Senator Nelson, to explain the bill.
Senator Gallegos, Jr. sent up a committee substitute; the chair
recognized Senator Nelson 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 Shapiro moved that HB3323 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB2616 and recognized the Senate sponsor,
Senator Lucio, Jr., 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 Shapiro moved that HB2616 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB489 and recognized the Senate sponsor,
Senator Lucio, Jr., 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 Shapiro moved that HB489 be left pending; without
objection, it was so ordered.
The chair laid out HB3338 and recognized the Senate sponsor,
Senator Lucio, Jr., 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 Shapiro moved that HB3338 be left pending; without
objection, it was so ordered.
The chair laid out HB1077 and recognized the Senate sponsor,
Senator Jackson, to explain the bill.
Senator Armbrister sent up Committee Amendment 1. Senator
Armbrister withdrew Committee Amendment 1. Senator Armbrister
sent up Committee Amendment 2 and moved adoption; 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 Shapiro moved that HB1077 be left pending; without
objection, it was so ordered.
The chair laid out HB2243 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill.
Senator Gallegos, 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 Shapiro moved that HB2243 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB2313 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill.
Senator Gallegos, 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 Shapiro moved that HB2313 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB877 and recognized the Senate sponsor,
Senator Barrientos, to explain the bill.
Senator Armbrister sent up a committee substitute; the chair
recognized Senator Barrientos to explain the difference between
the committee substitute and the bill as filed. Senator
Armbrister 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 Shapiro moved that HB877 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1428 and recognized the Senate sponsor,
Senator Barrientos, 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 Shapiro moved that HB1428 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB3076 and recognized Senator Gallegos, Jr.,
in the absence of the Senate sponsor, 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. 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 Shapiro moved that HB3076 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB2263 and recognized the Senate sponsor,
Senator Gallegos, Jr., 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 Shapiro moved that HB2263 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1430 and recognized the Senate sponsor,
Senator Gallegos, Jr., 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 Shapiro moved that HB1430 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1831 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Senator Harris sent up a committee substitute; the chair
recognized Senator Harris to explain the difference between the
committee substitute and the bill as filed. Senator Harris
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 Shapiro moved that HB1831 be left pending; without
objection, it was so ordered.
The chair laid out HB1168 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Senator Harris sent up a committee substitute; the chair
recognized Senator Harris to explain the difference between the
committee substitute and the bill as filed. Senator Harris
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 Shapiro moved that HB1168 be left pending; without
objection, it was so ordered.
The chair laid out HB2311 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Senator Harris sent up a committee substitute; the chair
recognized Senator Harris to explain the difference between the
committee substitute and the bill as filed. Senator Harris
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 Shapiro moved that HB2311 be left pending; without
objection, it was so ordered.
The chair laid out HB834 and recognized Senator Madla, in the
absence of the Senate sponsor, 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 Shapiro moved that HB834 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HCR256 and recognized the Senate sponsor,
Senator Madla, to explain the bill.
Senator Shapiro moved that HCR256 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB2780 and recognized the Senate sponsor,
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 Shapiro moved that HB2780 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1476 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill.
Senator Shapiro moved that HB1476 be left pending to await a
quorum; without objection, it was so ordered.
At 4:59 p.m. Senator Shapleigh assumed the chair.
The chair laid out HB249 and recognized the Senate sponsor,
Senator Shapiro, 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 Shapleigh moved that HB249 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB2334 and recognized Senator Shapiro, in the
absence of the Senate sponsor, 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 Shapleigh moved that HB2334 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1948 and recognized Senator Shapiro, in the
absence of the Senate sponsor, 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 Shapleigh moved that HB1948 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1544 and recognized the Senate sponsor,
Senator Moncrief, 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 Shapleigh moved that HB1544 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB2204 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill.
Senator Shapiro sent up a committee substitute; the chair
recognized Senator Moncrief to explain the difference between
the committee substitute and the bill as filed. Senator Carona
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 Shapleigh moved that HB2204 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB3433 and recognized the Senate sponsor,
Senator Shapiro, 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 Shapleigh moved that HB3433 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1450 and recognized the Senate sponsor,
Senator Shapiro, 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 Shapleigh moved that HB1450 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB1639 and recognized the Senate sponsor,
Senator Shapiro, 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 Shapleigh moved that HB1639 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB811 and recognized the Senate sponsor,
Senator Shapiro, 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 Shapleigh moved that HB811 be left pending to await a
quorum; without objection, it was so ordered.
At 5:30 p.m. Senator Shapiro resumed the chair.
The chair laid out HB35 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Senator Shapiro moved that HB35 be left pending to await a
quorum; without objection, it was so ordered.
The chair laid out HB2122 and recognized the Senate sponsor,
Senator Armbrister, 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 Shapiro moved that HB2122 be left pending to await a
quorum; without objection, it was so ordered.
At 6:13 p.m. roll was called and a quorum was present.
Upon arrival of a quorum, Senator Armbrister moved that HB3323
do not pass but that CSHB3323 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.
Upon arrival of a quorum, Senator Armbrister moved that HB3076
do not pass but that CSHB3076 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 Armbrister moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
Upon arrival of a quorum, Senator Shapleigh moved that HB2334 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
Shapleigh moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Fraser moved that HB1948 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 Fraser
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Upon arrival of a quorum, Senator Harris moved that HB877 do not
pass but that CSHB877 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.
Upon arrival of a quorum, Senator Carona moved that HB1428 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.
Upon arrival of a quorum, Senator Madla moved that HB2616 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.
Upon arrival of a quorum, Senator Harris moved that HB1544 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.
Upon arrival of a quorum, Senator Shapleigh moved that HB2204 do
not pass but that CSHB2204 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.
Upon arrival of a quorum, Senator Carona moved that HB834 do not
pass but that CSHB834 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.
Upon arrival of a quorum, Senator Shapleigh moved that HB1476 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
Shapleigh moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Armbrister moved that HB35 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.
Upon arrival of a quorum, Senator Armbrister moved that HB2122
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
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Madla moved that HCR256 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 Madla
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Upon arrival of a quorum, Senator Madla moved that HB2780 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 Madla
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Upon arrival of a quorum, Senator Armbrister moved that HB1430
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
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Armbrister moved that HB2243,
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 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Upon arrival of a quorum, Senator Armbrister moved that HB2313,
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 8 ayes, 0 nay, 0 present not
voting, and 1 absent. Senator Armbrister moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Upon arrival of a quorum, Senator Armbrister moved that HB2263
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
Armbrister moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
At 6:46 p.m. Senator Armbrister assumed the chair.
Upon arrival of a quorum, Senator Shapiro moved that HB1639 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
Shapiro moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Shapiro moved that HB249 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
Shapiro moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Shapiro moved that HB811 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
Shapiro moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Shapiro moved that HB1450 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
Shapiro moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
Upon arrival of a quorum, Senator Shapiro moved that HB3433 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
Shapiro moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
At 6:51 p.m. Senator Shapiro resumed the chair.
There being no further business, at 6:54 p.m. Senator Shapiro
moved that the Committee stand recessed subject to the call of
the chair. Without objection, it was so ordered.
Senator Florence Shapiro, Chair Cindy S.
Hodges, Clerk