MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, April 2, 1997
1:30 pm
Capitol Extension, Room E1.016
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Jurisprudence was held on Wednesday, April 2, 1997 in the
Capitol Extension, Room E1.016, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis
Senator Chris Harris
Senator David Cain
Senator Robert Duncan
Senator Gregory Luna
Senator Steve Ogden
Senator Jeff Wentworth
*****
Senator Harris, the Acting Chair, called the meeting to order
at 2:30 pm. Awaiting a quorum, the following business was
transacted.
The Chair laid out SB 966 and recognized the author, Senator
Nelson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 966 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Luna moved SB 966 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.
Senator Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1063 and recognized the author, Senator
Carona, to explain the bill.
The Chair moved that SB 1063 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Luna moved SB 1063 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1314 and recognized the author, Senator
Barrientos, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1314 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Luna moved SB 1314 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1176 and recognized the author, Senator
Whitmire, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that SB 1176 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Luna moved SB 1176 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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1385 and recognized the author, Senator
Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Duncan sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
The Chair moved that SB 1385 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Duncan moved that SB 1385, 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 Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 2:55 pm Senator Luna assumed the chair.
The Chair laid out SB 1689 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1689 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved SB 1689 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1864 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1864 be left pending; without
objection, it was so ordered.
The Chair laid out SB 318 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
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. Senator Ellis
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Ellis sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
The Chair moved that SB 318 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis requested unanimous consent to
incorporate amendments into the committee substitute. Senator
Ellis then moved that the new committee substitute be adopted.
Senator Ellis moved that SB 318 do not pass but that CSSB 318
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.
At 3:00 pm Senator Ellis assumed the chair.
The Chair laid out HB 506 and recognized the Senate sponsor, Senator Luna, to explain
the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Luna sent up a committee substitute; the Chair
recognized Senator Luna to explain the difference between the
committee substitute and the bill as filed. Senator Luna
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Luna sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted.
Senator Luna requested unanimous consent to incorporate the
amendment into the committee substitute. Senator Luna then
moved that the new committee substitute be adopted. The Chair
moved that HB 506 be left pending to await a quorum; without
objection it was so ordered. Upon arrival of a quorum,
Senator Luna moved that HB 506 do not pass but that CSHB 506
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 507 and recognized the author, Senator
Nixon, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Luna sent up a committee substitute; the Chair
recognized Senator Nixon to explain the difference between the
committee substitute and the bill as filed. Senator Luna
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Wentworth sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Wentworth sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that SB 507 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1094 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that SB 1094 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved SB 1094 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1559 and recognized the author, Senator Wentworth, to explain
the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that SB 1559 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved SB 1559 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 3:20 pm Senator Wentworth assumed the chair.
The Chair laid out SB 1173 and recognized the author, Senator
Duncan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed. Senator
Duncan moved adoption of the committee substitute, without
objection, it was so ordered.
The Chair moved that CSSB 1173 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Duncan moved that SB 1173 do not pass but
that CSSB 1173 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 Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SJR 36 and recognized the author, Senator
Duncan, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed. Senator
Duncan moved adoption of the committee substitute, without
objection, it was so ordered.
The Chair moved that SJR 36 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Duncan moved that SJR 36 do not pass but that
CSSJR 36 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 Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 838 and recognized the author, Senator Duncan, to explain the
bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Duncan moved that SB 838 be left pending; without
objection, it was so ordered.
The Chair laid out HB 368 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed. Senator
Duncan moved adoption of the committee substitute, without
objection, it was so ordered.
The Chair moved that HB 368 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Duncan moved that HB 368 do not pass but that
CSHB 368 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.
At 3:44 pm Senator Duncan assumed the chair.
The Chair laid out SB 1864 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and 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.
At 3:48 pm Senator Ogden assumed the chair.
Senator Ellis sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that SB 1864 be left pending until 4:30
pm; without objection, it was so ordered.
At 3:50 pm, Senator Ellis moved that the Committee stand at
ease until 4:30 pm. Without objection, it was so ordered.
At 4:50 pm, Senator Ogden, the Acting Chair, called the
meeting to order at 4:50 pm. Awaiting a quorum, the following
business was transacted.
The Chair laid out SB 1864.
At 5:10 pm Senator Luna assumed the chair.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 5:20 pm Senator Duncan assumed the chair.
Senator Ellis moved that SB 1864 be left pending; without
objection, it was so ordered.
At 5:22 pm Senator Ellis resumed the chair.
At 5:22 pm, the Chair called roll. The following members
arrived after the roll was called:
Senator Chris Harris
Senator Steve Ogden
The Chair laid out SB 1547 and recognized the author, Senator
Ogden, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ogden sent up a committee substitute; the Chair
recognized Senator Ogden to explain the difference between the
committee substitute and the bill as filed. Senator Ogden
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Ogden moved that SB 1547 do not pass but that CSSB
1547 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 be shown voting
"aye" on CSSB 1547.
The Chair laid out HB 680 and recognized the Senate sponsor,
Senator Ogden, to explain the bill. Witnesses registering on
the bill are shown on the attached list.
Senator Ogden moved that HB 680 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 Harris requested unanimous consent to be shown voting
"aye" on SB 1173, SJR 36, HB 368, SB 1547, HB 680, SB 966, SB
1063, SB 1314, SB 1176, SB 1385, SB 1689, SB 318, HB 506, SB
1094, and SB 1559 ; without objection, it was so ordered.
Senator Ogden requested unanimous consent to be shown voting
"aye" on SB 1063, SB 1094, SB 1176, SB 1314, SB 1385, SB 1689,
and HB 506; without objection, it was so ordered.
Senator Duncan requested unanimous consent to be shown voting
"aye" on HB 680; without objection, it was so ordered.
There being no further business, at 5:38 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