MINUTES SENATE COMMITTEE ON JURISPRUDENCE Monday, March 10, 1997 1:30 pm Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.11, a public hearing of the Senate Committee on Jurisprudence was held on Monday, March 10, 1997 in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Rodney Ellis None Senator Chris Harris Senator David Cain Senator Robert Duncan Senator Gregory Luna Senator Steve Ogden Senator Jeff Wentworth ***** The Chair called the meeting to order awaiting a quorum at 1:38 pm. The Chair laid out SB 726 and recognized the author, Senator Shapleigh, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that SB 726 be left pending to await a quorum; without objection it was so ordered. The Chair laid out SB 675 and recognized the author, Senator Ogden, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The roll was called all members being present, the following business was transacted. Senator Ellis moved that SB 675 be left pending; without objection, it was so ordered. The Chair laid out SB 673 and recognized the author, Senator Brown, to explain the bill. The Chair laid out SCR 29 and recognized the author, Senator Brown, to explain the bill. Witnesses testifying and registering on SB 673 and SCR 29 are shown on the attached list. Senator Luna moved that SB 673 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 6 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Luna moved that SCR 29 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 6 ayes, 0 nays, 0 present not voting, and 1 absent. Senator Luna requested unanimous consent to certify SB 673 for Local & Uncontested Calendar; without objection, it was so ordered. Senator Luna requested unanimous consent to certify SCR 29 for Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 694 and recognized the author, Senator Brown, to explain the bill. Witnesses registering on the bill are shown on the attached list. Senator Cain sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Cain sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted. Senator Luna moved that SB 694, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Luna requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 756 and recognized the author, Senator Brown, to explain the bill. Witnesses registering on the bill are shown on the attached list. Senator Luna moved that SB 756 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Luna requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. Senator Ellis laid out SB 726 and moved that SB 726 be reported back to the senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Ogden requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 675 and recognized the author, Senator Ogden, to explain the amendments to the bill. Senator Duncan and Senator Ogden sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ogden sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Ogden moved that SB 675, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. The Chair laid out SB 443 and recognized the author, Senator Moncrief, to explain the bill. Senator Luna sent up a committee substitute; the Chair recognized Senator Moncrief to explain the difference between the committee substitute and the bill as filed. Witnesses registering on the bill are shown on the attached list. Senator Luna moved that SB 443 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Luna requested unanimous consent to certify the bill for Local & Uncontested Calendar; without objection, it was so ordered. The Chair laid out SB 661 and recognized the author, Senator Armbrister, to explain the bill. Senator Ellis sent up a committee substitute; the Chair recognized Senator Armbrister to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ellis moved that SB 661 be left pending; without objection, it was so ordered. The Chair laid out SB 424 and recognized the author, Senator Bivins, to explain the bill. Senator Ogden sent up a committee substitute; the Chair recognized Senator Bivins to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. At 2:48 pm Senator Luna assumed the chair. At 2:54 pm Senator Ellis resumed the chair. Senator Duncan moved that SB 424 be reported favorably to the full Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 7 ayes, 0 nays, 0 present not voting, and 0 absent. Senator Ogden asked for unanimous consent to be shown voting aye on CSSB 443; without objection, it was so ordered. At 2:48 pm Senator Duncan assumed the chair. The Chair laid out SB 345 and recognized Senator Ellis, in the absence of the author, to explain the bill. Senator Ellis sent up a committee substitute; the Chair recognized Senator Ellis to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ellis moved that SB 345 be left pending; without objection, it was so ordered. At 3:07 pm Senator Ellis resumed the chair. Senator Cain asked for unanimous consent to be shown voting aye on CSSB 424; without objection, it was so ordered. Senator Wentworth asked for unanimous consent to be shown voting aye on SB 726, SB 675, SB 673, SCR 29, and CSSB 424; without objection, it was so ordered. Senator Duncan asked for unanimous consent to be shown voting aye on SB 673, SCR 29, SB 694, SB 756, SB 726, SB 675 and CSSB 443; without objection, it was so ordered. Senator Harris asked for unanimous consent to be shown voting aye on SB 726, SB 694, SB 756, SB 726, SB 675, CSSB 443, and CSSB 424; without objection, it was so ordered. The Chair laid out SB 52 and recognized Senator Shapiro's legislative aide, Sherrie Parks, in the absence of the author, to explain the bill. Senator Duncan sent up a committee substitute; the Chair recognized Sherrie Parks to explain the difference between the committee substitute and the bill as filed. Witnesses registering on the bill are shown on the attached list. Senator Duncan moved that SB 52 do not pass but that CSSB 52 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 6 ayes, 0 nays, 0 present not voting, and 1 absent. The Chair laid out SB 349 and recognized the author, Senator Shapiro, to explain the bill. Senator Duncan sent up a committee substitute; the Chair recognized Senator Shapiro to explain the difference between the committee substitute and the bill as filed. Witnesses registering on the bill are shown on the attached list. Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ellis requested unanimous consent to incorporate the amendment into the committee substitute. Senator Duncan then moved that the new committee substitute be adopted. Senator Duncan moved that SB 349 do not pass but that CSSB 349 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a vote of 5 ayes, 0 nays, 0 present not voting, and 2 absent. Senator Wentworth asked for unanimous consent to be shown voting aye on CSSB 52. There being no further business, at 3:21 pm Senator Ellis moved that the Committee stand recessed subject to the call of the Chair. Without objection, it was so ordered. ______________________ Senator Rodney Ellis, Chair ______________________ Helen Gonz lez, Clerk