House Committee on Judicial Affairs 75th Legislature April 2, 1997 2:00 pm or upon adjournment Capitol Extension, E2.016 Pursuant to a notice posted on March 27, 1997, the House Committee on Judicial Affairs met in a public hearing and was called to order by the Chair, Representative Senfronia Thompson at 2:20 pm. The roll was answered as follows: Present: Representatives Thompson; Hartnett; Clark; Garcia; Luna, Vilma; Shields; Zbranek (7). Absent: Representatives Crabb; Solis (2). A quorum was present. HB 1704 by Rep. Keffer & HB 1706 by Rep. Keffer The chair laid out HB 1704 & HB 1706 and recognized the author, Rep. Keffer, to explain. The chair moved that HB 1704 & HB 1706 be left pending. HB 1704 & HB 1706 were left pending without objection. HB 444 by Rep. Longoria The chair laid out HB 444 and recognized the author, Rep. Longoria, to explain. Representative Shields offered committee amendment #1. There being no objection, the chair laid out amendment #1 and recognized Rep. Longoria to explain. Without objection, the chair moved to withdraw amendment #1. The chair swore in all witnesses. Testimony was taken. The chair recognized Rep. Longoria to close. The chair moved to leave HB 444 pending. There were no objections. HB 787 by Rep. Gallego & HJR 62 by Rep. Gallego The chair laid out HB 787 and HJR 62 and recognized the author, Rep. Gallego, to explain. Testimony was taken. Representative Clark moved that HJR 62 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Clark; Garcia; Luna, Vilma; Shields; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Crabb; Solis (2). Representative Clark moved that HB 787 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Clark; Garcia; Luna, Vilma; Shields; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Crabb; Solis (2). HB 2917 by Rep. Berlanga The chair laid out HB 2917 and recognized the author, Rep. Berlanga, to explain. Representative V. Luna offered an amendment #1. There being no objection, the chair laid out amendment #1 and recognized Rep. Berlanga to explain. Without objection, the chair moved to withdraw amendment #1. Testimony was taken. (Representative Hartnett in chair.) (Representative Thompson in chair.) Further testimony was taken. (Representative Solis now present.) Further testimony was taken. The chair recognized Rep. Berlanga to close. The chair moved to leave HB 2917 pending. HB 2917 was left pending without objection. SB 726 by Sen. Shapleigh (Moreno) The chair laid out SB 726. (Representative Hartnett in chair.) The chair recognized Rep. Moreno to explain. Representative Shields moved that SB 726 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hartnett; Clark; Luna, Vilma; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Crabb; Garcia (3). SB 400 by Sen. Nelson (Horn) The chair laid out SB 400 and recognized Rep. Horn to explain. Testimony was taken. The chair recognized Rep. Horn to close. The chair moved to leave SB 400 pending. SB 400 was left pending without objection. HB 2280 by Rep. Clark and HJR 87 by Rep. Clark The chair laid out HB 2280 and HJR 87 and recognized the author, Rep. Clark, to explain. Testimony was taken. The chair recognized Representative Clark to close. Representative Clark moved that HB 2280 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hartnett; Clark; Luna, Vilma; Shields; Zbranek (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Crabb; Garcia; Solis (4). Representative Clark moved that HJR 87 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Hartnett; Clark; Luna, Vilma; Shields; Zbranek (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Crabb; Garcia; Solis (4). SB 401 by Sen. Zaffirini (Raymond) The chair laid out SB 401 and recognized Rep. Raymond to explain. Representative Garcia moved that SB 401 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hartnett; Garcia; Luna, Vilma; Shields; Zbranek (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Clark; Crabb; Solis (4). HB 1291 by Rep. Solomons The chair laid out HB 1291 and recognized the author, Rep. Solomons, to explain. Representative Hartnett, chair, offered and laid out a complete committee substitute and recognized Rep. Solomons to explain. Testimony was taken. Without objection, the chair moved to withdraw the committee substitute to HB 1291. The chair moved to leave HB 1291 pending. HB 1291 was left pending without objection. SB 611 by Sen. Carona (Garcia) The chair laid out SB 611 and recognized Rep. Garcia to explain. Testimony was taken. The chair recognized Representative Garcia to close. Representative Garcia moved that SB 611 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hartnett; Garcia; Luna, Vilma; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Clark; Crabb (3). HB 1317 by Rep. Naishtat The chair recalled HB 1317 from subcommittee. The chair laid out HB 1317. Testimony was taken. The chair moved to leave HB 1317 pending. HB 1317 was left pending without objection. HB 1688 by Rep. Kuempel The chair laid out HB 1688, which was left pending at the committee's March 26th meeting, and explained. Testimony was taken. Representative Hartnett moved that HB 1688 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hartnett; Garcia; Shields; Solis; Zbranek (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Clark; Crabb; Luna, Vilma (4). HB 3504 by Rep. Kamel The chair laid out HB 3504, which was left pending at the Committee's March 26th meeting, and explained. Representative Hartnett moved that HB 3504 be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Hartnett; Garcia; Luna, Vilma; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Clark; Crabb (3). HB 259 by Rep. Buddy West The chair laid out HB 259, which was left pending at the Committee's March 12th meeting, and recognized Rep. Zbranek to explain. Rep. Zbranek offered committee amendment #1. There being no objection, the chair laid out amendment #1 and recognized Rep. Zbranek to explain. Rep. Zbranek moved adoption of amendment #1. There were no objections. Rep. Zbranek offered committee amendment #2. There being no objection, the chair laid out amendment #2 and recognized Rep. Zbranek to explain. Rep. Zbranek moved adoption of amendment #2. There were no objections. Rep. Zbranek offered committee amendment #3. There being no objection, the chair laid out amendment #3 and recognized Rep. Zbranek to explain. Rep. Zbranek moved adoption of amendment #3. There were no objections. Representative Zbranek moved that HB 259, as amended, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Garcia; Luna, Vilma; Shields; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Clark; Crabb; Solis (3). SB 263 by Sen. Zaffirini (Cuellar/Shields) The chair recalled SB 263 from subcommittee. The chair laid out SB 263 and recognized Rep. Shields to explain. Rep. Shields offered a complete committee substitute. There being no objection, the chair laid out C.S.S.B. 263 and recognized Rep. Shields to explain. Rep. Shields moved to adopt the substitute to SB 263. There were no objections. Representative Shields moved that SB 263, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Garcia; Luna, Vilma; Shields; Solis; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Clark; Crabb (2). HB 696 by Rep. Dutton & HB 697 by Rep. Dutton The chair recalled HB 696 & HB 697 from subcommittee. The chair laid out HB 696 & HB 697 and recognized Rep. Zbranek to explain. Rep. Zbranek offered a complete committee substitute to HB 696. There being no objection, the chair laid out C.S.H.B. 696 and recognized Rep. Zbranek to explain. Rep. Zbranek moved to adopt the substitute to HB 696. There were no objections. Representative Zbranek moved that HB 696, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Clark; Garcia; Luna, Vilma; Shields; Solis; Zbranek (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Crabb (1). (Representative Thompson in chair.) Representative Zbranek moved that HB 697 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Clark; Garcia; Luna, Vilma; Shields; Solis; Zbranek (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Crabb (1). HB 2007 by Rep. Thompson The chair recalled HB 2007 from subcommittee. The chair laid out HB 2007. Testimony was taken. The chair moved to leave HB 2007 pending. HB 2007 was left pending without objection. SB 415 by Sen. Brown (Olivo/et al) The chair recalled SB 415 from subcommittee. The chair laid out SB 415. Rep. Solis offered a complete committee substitute. There being no objection, the chair laid out C.S.S.B. 415 and recognized Rep. Solis to explain. Rep. Solis moved to adopt the substitute to SB 415. There were no objections. Representative Luna moved that SB 415, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following vote: Ayes: Representatives Thompson; Clark; Luna, Vilma; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Crabb; Hartnett; Garcia (3). HB 2419 by Rep. Hilbert The chair laid out HB 2419 and recognized the author, Rep. Hilbert, to explain. Testimony was taken. The chair recognized Rep. Hilbert to close. The chair moved to leave HB 2419 pending. HB 2419 was left pending without objection. (Representative Zbranek in chair.) HB 2270 by Rep. Thompson The chair laid out HB 2270 and recognized the author, Rep. Thompson, to explain. Testimony was taken. Rep. Hartnett offered committee amendment #1. There being no objection, the chair laid out amendment #1 and recognized Rep. Hartnett to explain. Rep. Hartnett moved adoption of amendment #1. There were no objections. Rep. Hartnett offered committee amendment #2. There being no objection, the chair laid out amendment #2 and recognized Rep. Hartnett to explain. Rep. Hartnett moved adoption of amendment #2. There were no objections. Rep. Hartnett offered committee amendment #3. There being no objection, the chair laid out amendment #3 and recognized Rep. Hartnett to explain. Rep. Hartnett moved adoption of amendment #3. There were no objections. Representative Hartnett moved that HB 2270, as amended, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Clark; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Crabb; Garcia; Luna, Vilma (3). (Representative Hartnett in chair.) HB 2009 by Rep. Thompson The chair recalled HB 2009 from subcommittee. The chair laid out HB 2009. SB 506 is the companion doc to HB 2009 and was over and eligible. The chair laid out SB 506 in lieu of HB 2009. Testimony was taken. Representative Hartnett moved that SB 506 be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Clark; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Crabb; Garcia; Luna, Vilma (3). HB 2273 by Rep. Thompson The chair laid out HB 2273 and recognized the author, Rep. Thompson, to explain. Testimony was taken. Rep. Solis offered committee amendment #1. There being no objection, the chair laid out amendment #1 and recognized Rep. Solis to explain. Rep. Solis moved adoption of amendment #1. There were no objections. Rep. Solis offered committee amendment #2. There being no objection, the chair laid out amendment #2. Testimony was taken. Rep. Solis moved adoption of amendment #2. There were no objections. Representative Solis moved that HB 2273, as amended, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Thompson; Hartnett; Clark; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Crabb; Garcia; Luna, Vilma (3). HB 1516 by Rep. Thompson The chair laid out HB 1516, which was left pending at the Committee's March 26th meeting, and recognized the author, Rep. Thompson, to explain. Rep. Solis offered committee amendment #1. There being no objection, the chair laid out amendment #1 and recognized Rep. Solis to explain. Rep. Solis moved adoption of amendment #1. There were no objections. Rep. Solis offered committee amendment #2. There being no objection, the chair laid out amendment #2 and recognized Rep. Solis to explain. Rep. Solis moved adoption of amendment #2. There were no objections. Rep. Solis offered committee amendment #3. There being no objection, the chair laid out amendment #3 and recognized Rep. Solis to explain. Rep. Solis moved adoption of amendment #3. There were no objections. Representative Solis moved that HB 1516, as amended, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following vote: Ayes: Representatives Thompson; Clark; Shields; Solis; Zbranek (5). Nays: None (0). Present not Voting: Representative Hartnett (1). Absent: Representatives Crabb; Garcia; Luna, Vilma (3). HB 2309 by Rep. Thompson The chair laid out HB 2309 and recognized the author, Rep. Thompson, to explain. Testimony was taken. The chair moved to leave HB 2309 pending. HB 2309 was left pending without objection. There being no further business, the chair moved that the committee stand adjourn. There being no objection, the Committee on Judicial Affairs adjourned at 7:32 pm. _______________________________ Rep. Will Hartnett, Vice Chairman ______________________________ Milda Mora, Chief Clerk