House Committee on Judicial Affairs
75th Legislature
September 10, 1998
10:00 am
Capitol Extension, E2.012
Pursuant to a notice posted on August 26, 1998, the House
Committee on Judicial Affairs met in a public hearing and was
called to order by the Chair, Representative Senfronia
Thompson at 10:10 am.
The roll was answered as follows:
Present: Representatives Thompson; Clark; Crabb; Solis;
Zbranek (5).
Absent: Representatives Hartnett; Garcia; Luna, Vilma;
Shields (4).
A quorum was present.
The chair recognized Patrick Johnson, Committee Counsel, to
provide the committee with background information regarding
appellate judicial selection.
Rep. Zbranek moved to adopt the following committee
recommendation:
SB 1099 (75th R) relating to the salaries and fees of certain
county prosecutors should be approved by the 76th Legislature.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Clark; Crabb; Solis;
Zbranek (5).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Hartnett; Garcia; Luna, Vilma;
Shields (4).
Testimony was taken.
Rep. Zbranek moved to adopt a committee amendment to the
proposed multicounty statutory probate courts bill. There
were no objections.
Rep. Zbranek moved to adopt the following committee
recommendation:
Proposed legislation, as amended, relating to multicounty
statutory probate courts should be adopted by the 76th
Legislature.
The motion failed by the following record vote:
Ayes: Representatives Thompson; Clark; Solis; Zbranek
(4).
Nays: Representative Crabb (1).
Present not Voting: None (0).
Absent: Representatives Hartnett; Garcia; Luna, Vilma;
Shields (4).
The chair recognized Patrick Johnson, Committee Counsel, to a
provide step-by-step analysis of the proposed Uniform
Municipal Courts of Record Act.
Rep. Hartnett now present.
Rep. Clark moved to adopt his recommendations. Numbers 1, 3,
4, 5, 6, 7, 8, 9, 10, and 12, as outlined in his letter of
August 28, 1998. There were no objections.
Rep. Clark moved to adopt changes to Section 1 by adding
language on conflicts of law, to Section 2 by adding two new
definitions, by adding special exceptions pertaining to
certain subchapters except those concerning terms, removal,
qualifications, city employment, appeals, and appellate
procedure, by adding special provisions for El Paso to conform
to their unique appellate system, and by providing discretion
to staff to develop new language concerning clerks. There was
no objection.
The Chair directed staff to incorporate amendments into a new
draft for legislation.
Rep. Crabb moved to recommend that substituted proposed
Uniform Municipal Courts of Record Act be approved by the 76th
Legislature.
The motion prevailed on the following record vote:
Ayes: Representatives Thompson; Clark; Crabb; Solis;
Zbranek (5).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Hartnett; Garcia; Luna, Vilma;
Shields (4).
Rep. Crabb moved to adopt the Uniform Municipal Courts of
Record background report. The motion prevailed by the
following record vote:
Ayes: Representatives Thompson; Clark; Crabb; Solis;
Zbranek (5).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Hartnett; Garcia; Luna, Vilma;
Shields (4).
Testimony was taken.
Rep. Crabb moved to adopt the following committee
recommendation:
1. Keep disbursement of non-IV (D) cases at the local level,
make the OAGCSED the primary data collection office.
2. Collection and disbursement of all non-IV (D) support
should be performed by the district or county clerks
responsible for family law cases or the local domestic
relations office, with reports to the Attorney General's Child
Support Enforcement Division, which would become a central
information repository.
2a. District or county clerks responsible for
family law cases or the local domestic
relations office should be named as central
disbursement units under PRWORA.
2b. Texas should seek a waiver under PRWORA.
The motion prevailed by the following record:
Ayes: Representatives Thompson; Hartnett; Clark;
Crabb; Solis; Zbranek (6).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Garcia; Luna, Vilma; Shields
(3).
Testimony was taken.
Rep. Hartnett moved to adopt the Appellate Judicial Selection
Reform background report.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Clark;
Crabb; Solis; Zbranek (6).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Garcia; Luna, Vilma; Shields
(3).
Rep. Hartnett moved to adopt the Multicounty Statutory Probate
Courts background report.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Clark;
Solis; Zbranek (5).
Nays: Representative Crabb (1).
Present not Voting: None (0).
Absent: Representatives Garcia; Luna, Vilma; Shields
(3).
Rep. Crabb moved to adopt the following committee
recommendation:
Allow all attorneys use of license revocation once the obligor
has fallen six months or more behind in child support
payments.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Clark;
Crabb; Solis; Zbranek (6).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Garcia; Luna, Vilma; Shields
(3).
Rep. Zbranek moved to adopt the following committee
recommendation:
Allow employers who pay employees semi-monthly to be
presumptively in compliance with the law if the employers
files a payment schedule which deviates from the semi-monthly
schedule prescribed by statute with the district or county
clerks responsible for family law cases or the local domestic
relations office and payments are received within five days of
the filed schedule.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Clark;
Crabb; Solis; Zbranek (6).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Garcia; Luna, Vilma; Shields
(3).
Rep. Zbranek moved to adopt the following committee
recommendation:
Allow employers to electronically deposit support funds from
an obligor directly to the obligee's checking account with
payment records sent to the local registry and the central
state reporting repository.
The motion prevailed by the following record vote:
Ayes: Representatives Thompson; Hartnett; Clark;
Crabb; Solis; Zbranek (6).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Garcia; Luna, Vilma; Shields
(3).
This concluded the committee's work for the interim. There
being no further business, the chair moved that the committee
adjourn. There being no objection, the Committee on Judicial
Affairs adjourned at 12 p.m.
______________________________
Senfronia Thompson, Chair
________________________________
Milda Mora, Committee Clerk
NOTE: DUE TO TROPICAL STORM FRANCIS, REP. VILMA LUNA
(D-CORPUS CHRISTI) WAS UNABLE TO MAKE THE COMMITTEE MEETING ON
TIME BUT DID ARRIVE ONE MINUTE AFTER ADJOURNMENT. THE
COMMITTEE COMMENDS HER EFFORTS AND DEDICATION AND RECOGNIZES
HER APPROVAL OF THE COMMITTEE'S INTERIM REPORT.