MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, April 7, 1997
9:00 am
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, April 7, 1997 in the Capitol
Extension, Room E1.012, 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
*****
The Chair called the meeting to order at 9:00 am. Awaiting
the arrival of a quorum, the following business was
transacted.
The Chair laid out SB 883 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 883 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that SB 883 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, 1
present not voting, and 1 absent.
The Chair laid out SB 948 and recognized the author, Senator
Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 948 be left pending; without
objection, it was so ordered.
The Chair laid out SJR 30 and recognized the author, Senator
Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SJR 30 be left pending; without
objection, it was so ordered.
The Chair laid out SB 885 and recognized the author, Senator
Carona, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 885 be left pending to await a quorum;
without objection it was so ordered. Senator Duncan sent up a
committee substitute; the Chair recognized Senator Carona 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.
Upon arrival of a quorum, Senator Duncan moved that SB 885 do
not pass but that CSSB 885 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 9:40 am Senator Harris assumed the chair.
The Chair laid out SB 1161 and recognized the author, Senator
Carona, 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 Carona to explain the difference between
the committee substitute and the bill as filed.
At 9:55 am Senator Cain assumed the chair.
The Chair moved that SB 1161 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Cain moved that SB 1161 do not pass but
that CSSB 1161 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 Cain moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 10:00 am Senator Ellis resumed the chair.
The Chair laid out SB 743 and recognized the author, Senator
Lucio, Jr., 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 Lucio, Jr. 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.
The Chair moved that SB 743 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a quorum,
Senator Duncan moved that SB 743 do not pass but that CSSB 743
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, 1 nay, 0 present not voting, and 0 absent.
The Chair laid out SB 179 and recognized the author, Senator
Barrientos, 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 Barrientos 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.
The Chair moved that SB 179 be left pending to await a quorum;
without objection it was so ordered. be printed.
Upon arrival of a quorum, Senator Cain moved that SB 179 do
not pass but that CSSB 179 be reported back to the Senate with
the recommendation that it do pass and be printed. The motion
carried with a vote of 4 ayes, 3 nays, 0 present not voting,
and 0 absent.
The roll was called. All members being present, the following
business was transacted.
The Chair laid out SB 1530 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1530 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 Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 10:40 am Senator Harris assumed the chair.
The Chair laid out SB 502 and recognized Senator Ellis, in the
absence of the author, 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.
Senator Ellis moved that SB 502, 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 10:50 am Senator Ellis moved that the Committee stand
recessed until 1:30 pm, or subject to the call of the Chair to
meet in the Senate Chamber. Without objection, it was so
ordered.
The chair called the meeting to order at 1:34 pm, in the
Senate Chamber. Awaiting a quorum, the following business was
transacted.
The Chair laid out SB 507 and recognized the author, Senator
Nixon, to explain the bill.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Nixon to explain the difference between the
committee substitute and the bill as filed. Senator Harris
moved adoption of the committee substitute, without objection,
it was so ordered.
The Chair moved that SB 507 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that SB 507 do not pass but that
CSSB 507 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 4 ayes, 3 nays, 0 present not voting,
and 0 absent.
The Chair laid out SB 692 and recognized the author, Senator
Lindsay, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 692 be left pending; without
objection, it was so ordered.
The Chair laid out SB 774 and recognized the author, Senator
Lindsay, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 774 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1684 and recognized the author, Senator
Lindsay, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1684 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1528 and recognized the author, Senator
Moncrief, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
The Chair moved that SB 1528 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ogden moved that SB 1528, as amended, 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 moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 2:00 pm Senator Harris assumed the chair. The roll was
called. All members being present,
the following business was transacted.
The Chair laid out SB 1864 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses 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 moved that SB 1864 do not pass but that CSSB
1864 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 2:05 pm Senator Ellis resumed the chair.
The Chair laid out SB 620 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 620 be reported favorably to the
full 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 Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1614 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1614 be left pending, to allow the
testimony of The Honorable Eddie Bernice Johnson, and The
Honorable Sheila Jackson Lee; without objection, it was so
ordered.
At 2:15 pm Senator Harris assumed the chair.
The Chair laid out SB 409, SJR 23, SB 621, SJR 25, SB 628, SJR
26 to hear testimony on judicial selection. The chair
recognized Senator Ellis, for an explanation on the judicial
selection bills, and SB 409, SJR 23.
At 2:25 pm Senator Cain assumed the chair.
Senator Ellis introduced The Honorable Eddie Bernice Johnson
to testify on judicial selection. Senator Ellis then
introduced The Honorable Sheila Jackson Lee to testify on
judicial selection. Senator Ellis then introduced The
Honorable Chief Justice Tom Phillips to testify on judicial
selection. The Chair then recognized Senator Duncan for an
explanation of his judicial selection bills, SB 621, SJR 25.
The Chair then recognized Senator Gallegos for an explanation
of his judicial selection bills, SB 628, SJR 30. The chair
moved that SB 409, SJR 23, SB 621, SJR 25, SB 628, SJR 26 be
left pending; without objection, it was so ordered.
At 3:30 pm Senator Ellis resumed the chair.
The Chair laid out SB 416 and recognized the author, Senator
Harris, 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 Harris 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 Harris moved that SB 416 do not pass but that CSSB 416
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, 2 nays, 0 present not voting, and 0 absent.
At 4:15 pm Senator Duncan assumed the chair.
The Chair laid out SB 409 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 that SB 409 do not pass but that CSSB 409
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 4
ayes, 3 nays, 0 present not voting, and 0 absent.
The Chair laid out SJR 23 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 SJR 23 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 3 nays, 0
present not voting, and 0 absent.
At 4:30 pm Senator Ellis resumed the chair.
The Chair laid out SB 621 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 621 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 5 ayes, 1 nay, 1
present not voting, and 0 absent.
The Chair laid out SJR 25 and recognized the author, Senator
Duncan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Duncan moved that SJR 25, 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 5 ayes, 1 nay, 1
present not voting, and 0 absent.
The Chair laid out SB 628 and recognized the author, Senator
Gallegos, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 628 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 3 nays, 0
present not voting, and 0 absent.
The Chair laid out SJR 26 and recognized the author, Senator
Gallegos, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SJR 26 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 3 nays, 0
present not voting, and 0 absent.
The Chair laid out SB 970 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 970 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 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 1818 and recognized the author, Senator
Cain, to explain the bill.
Senator Cain moved that SB 1818 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1556 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 Harris moved that SB 1556 do not pass but that CSSB
1556 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, 1 nay, 0 present not voting, and 0 absent.
At 5:35 pm, the chair moved that the committee stand at recess
until 9:00 am, Tuesday, April 8, 1997 to reconvene in the
Capitol Extension Hearing Room E1.016. Without objection; it
was so ordered.
The chair called the meeting to order at 9:02 am, in the
Capitol Extension Hearing Room E1.016. Awaiting the arrival
of a quorum, the following business was transacted.
The Chair laid out SB 1614 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1614 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved SB 1614 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, 1 present
not voting, and 1 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 10:10 am Senator Duncan assumed the chair.
The Chair laid out SB 1304 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.
Senator Ellis sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
The Chair moved that SB 1304 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that SB 1304, 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 6
ayes, 0 nays, 0 present not voting, and 1 absent.
The Chair laid out SB 1007 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 1007 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved SB 1007 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.
There being a quorum present, the following business was
transacted.
The Chair laid out SB 1417 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.
Senator Ellis sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
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 1417 do not pass but that CSSB 1417 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 1184 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 1184 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 10:20 am Senator Ellis resumed the chair.
At 10:20 am Senator Ellis moved that the committee stand at
ease until 10:30 pm. Without objection it was ordered.
At 10:30 am Senator Harris assumed the chair. The roll was
called. There being a quorum present, the following business
was transacted.
The following member arrived after the roll was called: Ogden
At 10:35 am Senator Ellis resumed the chair.
The Chair laid out SB 1180 and recognized Senator Wentworth,
in the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Wentworth to explain the difference between
the committee substitute and the bill as filed. Senator
Wentworth moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Luna moved that SB 1180 do not pass but that CSSB 1180
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 4
ayes, 1 nay, 1 present not voting, and 1 absent.
The Chair laid out SB 1098 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1098 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 Cain requested unanimous consent to be shown voting
"aye" on SB 1184, and unanimous consent to be shown voting
"nay" on SB 416; without objection, it was so ordered.
Senator Duncan requested unanimous consent to be shown voting
"aye" on SB 970; without objection, it was so ordered.
Senator Luna requested unanimous consent ot be shown voting
"aye" on SB 883, SB 502 as amended; without objection, it was
so ordered.
Senator Ogden requested unanimous consent to be shown voting
"aye" on SB 620, CSSB 1864, SB 1007, SB 1184, CSSB 1417, SB
1098, and to be shown "present not voting" on SB 1614; without
objection it was so ordered.
There being no further business, at 10:55 am 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