House Committee on Judicial Affairs 75th Legislature April 16, 1997 2:00 pm or upon adjournment Capitol Extension, E2.016 Pursuant to a notice posted on April 11, 1997, the House Committee on Judicial Affairs met in a public hearing and was called to order by the chair, Representative Senfronia Thompson at 5:08 pm. The roll was answered as follows: Present: Representatives Thompson; Hartnett; Clark; Garcia; V. Luna: Shields, Zbranek (7). Absent: Representatives Crabb; Solis (2). A quorum was present. HB 907 by Rep. Madden The chair laid out HB 907 and explained. Representative Thompson moved that HB 907 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). HB 1974 by Rep. McCall The chair laid out HB 1974 and explained. (Representative Hartnett in chair.) (Representative Solis now present.) Representative Luna, Vilma moved that HB 1974 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; Garcia; Luna, Vilma; Shields; Solis; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Crabb (2). HB 3060 by Rep. King The chair laid out HB 3060 and recognized Rep. King to explain. Testimony was taken. Representative Shields moved that HB 3060 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; Garcia; Luna, Vilma; Shields; Solis; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Crabb (2). HB 3556 by Rep. Hinojosa The chair laid out HB 3556 and recognized Rep. Hinojosa to explain. Rep. Hartnett offered and laid out a complete committee substitute and recognized Rep. Hinojosa to explain the substitute. (Representative Thompson in chair.) The chair moved adoption of the substitute. There were no objections. Representative Thompson moved that HB 3556, 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; Garcia; Luna, Vilma; Shields; Solis; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Crabb (2). HB 2727 by Rep. Garcia The chair laid out HB 2727 and recognized Rep. Garcia to explain. Representative Luna, Vilma moved that HB 2727 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; Garcia; Luna, Vilma; Shields; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Crabb; Solis (3). HB 2734 by Rep. Uher The chair laid out HB 2734 and explained. Representative Thompson moved that HB 2734 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; Garcia; Luna, Vilma; Shields; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Crabb; Solis (3). HB 3565 by Rep. V. Luna The chair laid out HB 3565 and recognized Rep. Luna to explain. Testimony was taken. (Representative Crabb now present.) Further testimony was taken. The chair recognized Representative Luna, Vilma to close on the measure. Representative Garcia moved that HB 3565 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; Crabb; Garcia; Luna, Vilma; Shields; Solis; Zbranek (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Hartnett (1). HB 3104 by Rep. Craddick The chair laid out HB 3104 and explained. Representative Clark moved that HB 3104 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; Crabb; Garcia; Luna, Vilma; Shields; Solis; Zbranek (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Hartnett (1). HB 3105 by Rep. Craddick The chair laid out HB 3105 and explained. Representative Luna, Vilma moved that HB 3105 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; Crabb; Garcia; Luna, Vilma; Shields; Solis; Zbranek (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Hartnett (1). HB 3545 by Rep. Oliveira The chair laid out HB 3545 and recognized Rep. Solis to explain. Rep. Solis offered a complete committee substitute to HB 3545. There being no objection, the chair laid out CSHB 3545 and recognized Rep. Solis to explain. Rep. Solis moved adoption of the substitute. There were no objections. Representative Garcia moved that HB 3545, 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; Crabb; Garcia; Luna, Vilma; Shields; Solis; Zbranek (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Hartnett (1). HB 3555 by Rep. Marchant The chair laid out HB 3555. The chair moved to leave HB 3555 pending. There were no objections. HB 3558 by Rep. Cook The chair laid out HB 3558 and recognized Rep. Cook to explain. Testimony was taken. The chair recognized Rep. Cook to close on the measure. Representative Crabb moved that HB 3558 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; Crabb; Garcia; Luna, Vilma; Shields; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Solis (2). SB 997 by Sen. Harris (Thompson) The chair laid out SB 997 and explained. Representative Garcia moved that SB 997 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; Crabb; Garcia; Luna, Vilma; Shields; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Solis (2). SB 998 by Sen. Harris (Thompson) The chair laid out SB 998 and explained. Representative Garcia moved that SB 998 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; Crabb; Garcia; Luna, Vilma; Shields; Zbranek (7). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Solis (2). HB 3537 by Rep. McClendon The chair laid out HB 3537 and recognized Rep. McClendon to explain. The chair offered and laid out a complete committee substitute to HB 3537 and recognized Rep. McClendon to explain. Testimony was taken. The chair moved to withdraw the substitute and leave HB 3537 pending. There were no objections. HB 2003 by Rep. Thompson The chair recalled HB 2003 from subcommittee. The chair laid out HB 2003 and explained. Representative Luna, Vilma moved that HB 2003 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; Crabb; Luna, Vilma; Shields (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Garcia; Solis; Zbranek (4). HB 2922 by Rep. Thompson The chair laid out HB 2922 and explained. Testimony was taken. Representative Luna, Vilma moved that HB 2922 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; Crabb; Luna, Vilma; Shields (5). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Garcia; Solis; Zbranek (4). HB 3544 by Rep. Thompson The chair laid out HB 3544, which was left pending at the committee's April 9th meeting, and explained. The chair moved to leave HB 3544 temporarily pending in committee. There were no objections. HB 2007 by Rep. Thompson The chair laid out HB 2007, which was left pending at the committee's April 2nd meeting, and explained. Testimony was taken. Representative Crabb moved that HB 2922 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; Crabb; Luna, Vilma; Shields (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Solis; Zbranek (3). HB 2309 by Rep. Thompson The chair laid out HB 2309, which was left pending at the committee's April 2nd meeting, and explained. Rep. Hartnett offered a complete committee substitute. There being no objection, the chair laid out CSHB 2309 and explained. The chair moved adoption of the substitute. There were no objections. Representative Luna, Vilma moved that HB 2309, 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; Crabb; Luna, Vilma; Shields (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Solis; Zbranek (3). HB 3544 by Rep. Thompson The chair laid out HB 3544, which was previously left pending, and explained. Representative Luna, Vilma moved that HB 3544 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; Luna, Vilma; Shields (5). Nays: Representative Crabb (1). Present not Voting: None (0). Absent: Representatives Garcia; Solis; Zbranek (3). HB 3088 by Rep. Hartnett The chair laid out HB 3088 and recognized Rep. Hartnett to explain. Representative Thompson moved that HB 3088 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; Crabb; Luna, Vilma; Shields (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Solis; Zbranek (3). HB 3333 by Rep. Hartnett The chair laid out HB 3333 and recognized Rep. Hartnett to explain. Rep. Hartnett offered a complete committee substitute to HB 3333. There being no objection, the chair laid out CSHB 3333 and recognized Rep. Hartnett to explain. Rep. Hartnett moved adoption of the substitute. There were no objections. Representative Luna, Vilma moved that HB 3333, 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; Crabb; Luna, Vilma; Shields (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Garcia; Solis; Zbranek (3). (Representative Hartnett in chair.) HB 1706 by Rep. Keffer The chair laid out HB 1706, which was left pending at the committee's April 2nd meeting, and explained. Representative Shields moved that HB 1706 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; Crabb; Luna, Vilma; Shields; Solis (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Thompson; Garcia; Zbranek (3). HB 3333 by Rep. Hartnett Rep. Hartnett moved to reconsider the vote on which HB 3333, as substituted, passed out of committee. There were no objections. The chair laid out CSHB 3333. The chair moved to withdraw the substitute to HB 3333. There were no objections. The chair laid out HB 3333. Testimony was taken. (Representative Thompson in chair.) The chair moved to leave HB 3333 pending. There were no objections. HB 1317 by Naishtat The chair laid out HB 1317, which was left pending at the committee's April 2nd meeting, and explained. The chair moved to leave HB 1317 pending. There were no objections. HB 1314 by Rep. Naishtat The chair laid out HB 1314, which was left pending at the committee's March 26th meeting, and explained. Rep. Hartnett offered a complete committee substitute to HB 1314. There being no objection, the chair laid out CSHB 1314 and recognized Rep. Hartnett to explain. Rep. Hartnett moved adoption of the substitute. There were no objections. Representative Thompson moved that HB 1314, 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; Crabb; Garcia; Shields; Solis; Zbranek (8). Nays: None (0). Present not Voting: None (0). Absent: Representative Luna, Vilma (1). HB 3560 by Rep. Goodman The chair laid out HB 3560 and explained. The chair offered, laid out and explained a complete committee substitute to HB 3560. The chair moved adoption of the substitute. There were no objections. Testimony was taken. Representative Zbranek moved that HB 3560, as substituted, 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; Crabb; Garcia; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Clark; Luna, Vilma (3). HB 2297 by Rep. Gallego The chair laid out HB 2297 and explained. The chair offered, laid out and explained an amendment to HB 2297. The chair moved adoption of committee amendment #1. There were no objections. Representative Garcia moved that HB 2297, 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; Crabb; Garcia; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Clark; Luna, Vilma (3). HB 516 by Rep. Thompson The chair laid out HB 516, which was left pending at the committee's April 9th meeting, and explained. The chair moved to leave HB 516 pending. There were no objections. Rep. Luna moved to submit the names of those witnesses who registered but did not testify on HB 3565 for the record. There were no objections. There being no further business, the chair moved that the committee stand adjourned. There being no objection, the Committee on Judicial Affairs adjourned at 7:31 pm _________________________________ Rep. Senfronia Thompson, Chair _________________________________ Milda Mora, Chief Clerk