House Committee on Judicial Affairs 75th Legislature July 17, 1998 10:00 am Del Mar College-West Campus Howard E. Barth Learning Center, #102 Corpus Christi, Texas Pursuant to a notice posted on July 2, 1998, the House Committee on Judicial Affairs met in a public hearing and was called to order by the Chair, Representative Senfronia Thompson at 10:06 am. The roll was answered as follows: Present: Representatives Thompson; Crabb; Luna, Vilma; Solis; Zbranek (5). Absent: Representatives Hartnett; Clark; Garcia; Shields (4). A quorum was present. The chair swore in all witnesses. The chair recognized the following resource witnesses to testify neutrally on multicounty statutory probate courts: M.L. Stewart, representing the Texas Legislative Council; and Brete Anderson, Legislative Aide, representing Rep. Senfronia Thompson. The chair recognized the following witnesses to testify neutrally on multicounty statutory probate courts: Judge Jerri Lee Mills, Brazoria County Court at Law and Probate Court Judge, representing herself and her profession; Judge James Klager, Nueces County Court at Law Judge, representing himself and his profession; Representative Shields now present. Judge Garvin Germany, Brazoria County Court at Law and Probate Court Judge, representing himself and his profession; Jerry Frank Jones, representing himself and the Real Estate, Probate and Trust Law Section of the State Bar of Texas; Judge Garvin Germany, Brazoria County Court at Law and Probate Court Judge, for further testimony; Judge James Klager, Nueces County Court at Law Judge, for further testimony; Judge Robert Vargas, Nueces County Court at Law Judge, representing himself and his profession; Judge James Klager, Nueces County Court at Law Judge, for further testimony; Judge Marisela Salda a, Nueces County Court at Law Judge, representing herself and her profession; Judge Garvin Germany, Brazoria County Court at Law and Probate Court Judge, for further testimony; Judge Robert Vargas, Nueces County Court at Law Judge, for further testimony; and, Judge Hector Pe a, Jr., representing the County Courts at Law of Nueces County; The Chair recognized Patrick Johnson, Committee Counsel, to discuss the Texas Judicial Council recommendations. Representative Zbranek moved to adopt a recommendation NOT to eliminate the shuffle of jurors when the panel is still random as seated in the assigned court. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Crabb; Luna, Vilma; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Clark; Garcia (3). Representative Crabb moved to adopt a recommendation NOT to allow limited judicial control of voir dire. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Crabb; Luna, Vilma; Shields; Solis; Zbranek (6). Nays: None (0). Present not Voting: None (0). Absent: Representatives Hartnett; Clark; Garcia (3). Representative Zbranek moved to adopt a recommendation NOT to encourage individual counties' attention to the human factors of jury service such as minimizing waiting times and providing comfortable waiting areas. The motion prevailed by the following vote: Ayes: Representatives Thompson; Crabb; Luna, Vilma; Solis; Zbranek (5). Nays: None (0). Present not Voting: Representative Shields (1). Absent: Representatives Hartnett; Clark; Garcia (3). The Chair swore in and recognized Judge Michael O'Neal, Municipal Court Judge of Dallas, representing himself and his profession to testify neutrally on Uniform Municipal Courts of Record Legislation. The Chair swore in and recognized Gloria Owens, Court Support Manager for the City of Dallas Municipal Courts, representing herself and her occupation to testify neutrally on Uniform Municipal Courts of Record Legislation. The Chair recognized M.L. Stewart, resource witness, representing the Texas Legislation Council to testify neutrally on Uniform Municipal Courts of Record Legislation. There being no further witnesses and no further business, the Chair moved that the committee stand adjourned. There being no objection, the Committee on Judicial Affairs adjourned at 12:08 pm. ___________________________________ Senfronia Thompson, Chair _______________________________ Milda Mora, Committee Clerk