MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, April 21, 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 21, 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 9:05 am. Awaiting a
quorum, the following business was transacted.
The Chair laid out SB 1604 and recognized the author, Senator
Lindsay, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1604 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved SB 1604 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 Harris moved that the bill
be recommended for placement on the Local & Uncontested
Calendar, without objection, it was so ordered.
The Chair ordered that the committee stand at ease until 9:15
am.
The Chair called the meeting to order at 9:15 am. Awaiting a
quorum, the following business was transacted.
The Chair laid out HB 1092 and recognized the Senate sponsor,
Senator Shapleigh, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 1092 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved HB 1092 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 Harris moved that the bill
be recommended for placement on the Local & Uncontested
Calendar, without objection, it was so ordered.
At 9:17 am Senator Duncan assumed the chair.
The Chair laid out HB 243 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 243 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis moved HB 243 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.
The Chair laid out HB 242 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 242 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that SB 242, 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.
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 HB 791 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 791 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.
The Chair laid out HB 786 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 786 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 9:38 am Senator Ellis resumed the chair.
The Chair laid out SB 1119 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 1119 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, 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 9:45 am, the Chair called roll. The following members
arrived after roll: Cain. There being a quorum present, the
following business was transacted.
The Chair laid out SB 1678 and recognized the author, Senator
Barrientos, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Barrientos 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.
Senator Harris moved that SB 1678 do not pass but that CSSB
1678 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 Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 9:50 am Senator Harris assumed the chair.
At 9:52 am Senator Ellis resumed the chair.
The Chair laid out SB 1383 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 sent up a committee substitute; the Chair
recognized Senator Harris 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.
Senator Harris moved that SB 1383 do not pass but that CSSB
1383 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 Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senator Ogden requested unanimous consent to be shown voting
"aye" on Senate Bill 1119; there being no objection, it was
so ordered.
At 9:55 am Senator Ellis moved that the Committee stand
recessed subject to the call of the Chair. Without objection,
it was so ordered.
Senator Wentworth, Acting Chair, called the meeting to order
at 2:02 pm. Awaiting a quorum, the following business was
transacted.
The Chair laid out HB 591 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 2:12 pm Senator Duncan assumed the chair.
The Chair moved that HB 591 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis moved HB 591 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.
At 2:14 pm Senator Ellis resumed the chair.
The Chair laid out SB 732 and recognized the author, Senator
Galloway, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 2:35 pm, the Chair called roll. Their being a quorum
present, the following business was transacted.
Senator Duncan moved that SB 732 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, 0
present not voting, and 1 absent.
The Chair laid out SB 1525 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 Duncan 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 Duncan moved adoption of the committee
substitute, without objection, it was so ordered.
Senator Ellis moved that SB 1525 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1195 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 Ellis moved that SB 1195 be left pending to a time
certain; without objection, it was so ordered.
The Chair laid out SB 1196 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 3:12 pm Senator Harris assumed the chair.
At 3:19 pm Senator Ellis resumed the chair.
Senator Harris moved that SB 1196 be left pending; without
objection, it was so ordered.
The Chair laid out SB 24 and recognized Senator Ogden, in the
absence of the author, to explain the bill. Senator Ellis
moved that SB 24 be left pending to a time certain; without
objection, it was so ordered.
At 3:55 pm Senator Cain assumed the chair.
The Chair laid out HB 1040 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Senator Ellis moved that HB 1040 be left pending to a time
certain; without objection, it was so ordered.
At 3:57 pm Senator Ellis resumed the chair.
The Chair laid out SB 1754 and recognized the author, Senator
Fraser, 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 Fraser 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.
Senator Ellis moved that SB 1754 be left pending to a time
certain; without objection, it was so ordered.
The Chair laid out SB 953 and recognized the author, Senator
Fraser, 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 Fraser 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.
Senator Ellis moved that SB 953 be left pending to a time
certain; without objection, it was so ordered.
The Chair laid out HB 1152 and recognized Senator Cain, in the
absence of the Senate sponsor, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Ellis moved that HB 1152 be left pending to a time
certain; without objection, it was so ordered.
The Chair laid out HB 1403 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 1403 be left pending to a time
certain; without objection, it was so ordered.
At 4:30 pm Senator Luna assumed the chair.
The Chair laid out SB 1786 and recognized the author, Senator
Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 4:45 pm Senator Ellis resumed the chair.
Senator Ellis moved that SB 1786 be left pending to a time
certain; without objection, it was so ordered.
Senator Cain requested unanimous consent to be shown voting
aye on SB 1678, HB 242, HB 786, HB 791 and HB 1092, and to be
shown present not voting on SB 1119.
There being no further business, at 4:45 pm Senator Ellis
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
The Chair called the meeting to order at 12:43 pm on Tuesday,
April 22, 1997, at his desk in the Senate Chamber. The chair
called roll. The following members arrived after the chair
called roll: Harris and Luna. There being a quorum present,
the following business was transacted.
The Chair laid out SB 1195. Senator Ogden sent up Committee
Amendment 1 and moved adoption; without objection, the
amendment was adopted.
Senator Ogden moved that SB 1195, 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 24. Senator Wentworth moved that SB 24
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 CSSB 1081. Senator Wentworth moved that
CSSB 1081 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, 1 nay, 0 present not voting,
and 0 absent.
At 12:50 pm Senator Cain assumed the chair.
The Chair laid out HB 1040. Senator Ellis moved that HB 1040
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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 12:51 pm Senator Ellis resumed the chair.
The Chair laid out CSSB 953. The Chair referred CSSB 953 to
subcommittee for further consideration. The Chair appointed
Senator Duncan as Chair of the subcommittee and Senators
Harris and Cain as members of the subcommittee.
The Chair laid out CSSB 1754. The Chair referred CSSB 1754 to
subcommittee for further consideration. The Chair appointed
Senator Duncan as Chair of the subcommittee and Senators
Harris and Cain as members of the subcommittee.
The Chair laid out HB 1152. Senator Wentworth moved that HB
1152 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.
The Chair laid out HB 1403. Senator Cain moved that HB 1403
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 moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1786 and recognized the author, Senator
Cain, to explain the bill.
Senator Cain sent up a committee substitute; the Chair
recognized Senator Cain to explain the difference between the
committee substitute and the bill as filed. Senator Cain
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Cain moved that SB 1786 do not pass but that CSSB 1786
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.
The chair took no action on the following bills: SB 175, SB
1348, SB 1443, SB 1563.
There being no further business, at 12:59 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