MINUTES 
          
                        SENATE COMMITTEE ON JURISPRUDENCE 
                             Monday, April 28, 1997 
                                     8:30 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, April 28, 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 8:32 pm.  Awaiting a  
         quorum; the following business was transacted.   
          
         The following members arrived after the roll was called:   
         Senator Steve Ogden 
         Senator Jeff Wentworth 
          
         The Chair laid out HB 1860 and recognized the Senate sponsor,  
         Senator Haywood, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         The Chair moved that HB 1860 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris moved HB 1860 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 nays, 0 present  
         not voting, and 0 absent.   
          
         The Chair laid out HB 2274 and recognized the Senate sponsor,  
         Senator Brown, to explain the bill.  The Chair moved that HB  
         2274 be left pending to await a quorum; without objection it  
         was so ordered.  Upon arrival of a quorum, Senator Luna moved  
         HB 2274 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 1594 and recognized the author, Senator  
         Haywood, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         The Chair moved that SB 1594 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris sent up a committee substitute; the  
         Chair recognized Senator Haywood 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 1594 do not pass but that CSHB 1594 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 8:53 am Senator Duncan assumed the chair.   
          
         The Chair laid out HB 1504 and recognized the Senate sponsor,  
         Senator Ellis, to explain the bill.   
         The Chair moved that HB 1504 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Duncan moved HB 1504 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.   
          
         At 8:55 am Senator Ellis resumed the chair.   
          
         The Chair laid out HB 736 and recognized Senator Duncan, in  
         the absence of the Senate sponsor, to explain the bill.   
         The Chair moved that HB 736 be left pending to await a quorum;  
         without objection it was so ordered.  Upon arrival of a  
         quorum, Senator Harris moved HB 736 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 Harris moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         The Chair laid out HB 3504 and recognized Senator Duncan, in  
         the absence of the Senate sponsor, to explain the bill.   
         The Chair moved that HB 3504 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Cain moved HB 3504 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 Cain moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar,  
         without objection, it was so ordered.   
          
         The Chair laid out HB 880 and recognized the Senate sponsor,  
         Senator Luna, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.   
         The Chair moved that HB 880 be left pending to await a quorum;  
         without objection it was so ordered.  Upon arrival of a  
         quorum, Senator Luna moved HB 880 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 HB 515 and recognized the Senate sponsor,  
         Senator Sibley, to explain the bill.  The Chair moved that HB  
         515 be left pending to await a quorum; without objection it  
         was so ordered.  Upon arrival of a quorum, Senator Harris sent  
         up a committee substitute; the Chair recognized Senator Sibley  
         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 HB 515 do not pass but that CSHB 515  
         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 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 1657 and recognized the author, Senator  
         Shapiro, to explain the bill.   
         Witnesses registering on the bill are shown on the attached  
         list.  The Chair moved that SB 1657 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum,  
         Senator Ellis moved that SB 1657 be left pending; without  
         objection, it was so ordered. 
          
         The Chair laid out HB 1916 and recognized Senator Duncan, in  
         the absence of the Senate sponsor, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         At 9:14 am, the Chair called roll. Their being a quorum  
         present the following business was transacted. 
          
         Senator Duncan sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Duncan moved that HB 1916, 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.   
          
         The Chair laid out HB 384 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Senator Harris moved  
         that HB 384 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 HB 1710 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.   
         Senator Harris moved that HB 1710 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.   
          
         The Chair laid out SB 642 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 642 do not pass but that CSSB 642  
         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 11 and recognized the author, Senator  
         Luna, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         The Chair moved that SB 11 be left pending to await a quorum;  
         without objection it was so ordered.     
         At 9:48 am, 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 1:08 pm on Monday,  
         April 28, 1997 in the Capitol Extension Hearing Room E1.012.   
         Awaiting a quorum, the following business was transacted. 
          
         The Chair laid out SB 889 and recognized the author, Senator  
         Haywood, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
          
         At 1:16 pm, the Chair called roll.  The following members  
         arrived after roll call: Duncan, Wentworth.  There being a  
         quorum present, the following business was transacted.   
          
         Senator Harris moved that SB 889 not be reported favorably to  
         the full Senate with the recommendation that it do not pass  
         and be printed.  The motion carried with a vote of 4 ayes, 1  
         nay, 0 present not voting, and 2 absent.   
          
         The Chair laid out HB 646 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Senator Harris moved  
         that HB 646 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.   
          
         The Chair laid out HB 1826 and recognized the Senate sponsor,  
         Senator Harris, 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 Harris sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Ogden sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Harris moved that HB 1826, 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 Harris moved that the bill be recommended for  
         placement on the Local & Uncontested Calendar, without  
         objection, it was so ordered.   
          
         The Chair laid out HB 1550 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Witnesses testifying and  
         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 Harris sent up Committee Amendment 2 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Harris sent up Committee Amendment 3 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Harris moved that HB 1550, 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 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 1821 and recognized the author, Senator  
         Shapleigh, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
  
         the attached list.   
         At 2:03 pm Senator Duncan assumed the chair.   
         At 2:05 pm Senator Ellis resumed the chair.   
         Senator Ellis moved that SB 1821 be left pending; without  
         objection, it was so ordered. 
          
         The Chair laid out HB 614 and recognized the Senate sponsor,  
         Senator Cain, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         The Chair moved that HB 614 be left pending to await a quorum;  
         without objection it was so ordered.  Upon arrival of a  
         quorum, Senator Cain moved HB 614 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, 0 present not  
         voting, and 1 absent.   
          
         The Chair laid out SB 309 and recognized the author, Senator  
         Wentworth, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         The Chair referred SB 309 to the Subcommittee on SB 309 for  
         further consideration.  The Chair appointed Senator Wentworth  
         as Chair of the subcommittee and Senators Cain and Luna as  
         members of the subcommittee. 
          
         The Chair laid out SB 1563 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 sent up Committee Amendment 1 and moved  
         adoption; without objection, the amendment was adopted.   
         Senator Wentworth moved that SB 1563, 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, 0 nays,  
         0 present not voting, and 2 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 1561 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 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 Wentworth moved that SB 1561 do not pass but that CSSB  
         1561 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 11 and recognized the author, Senator  
         Luna, to explain the bill.   
         Senator Luna moved that SB 11 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 Ogden requested unanimous consent to be shown voting  
         "aye" on CSSB 642, HB 646, HB 384, CSHB 515,  HB 736, HB 1504,  
         HB 1710, HB 1860, HB 1916 as amended, HB3504, HB 614. 
          
         Senator Wentworth requested unanimous consent to be shown  
         voting "aye" on HB 1916 as amended, HB 1860, HB 2274, HB 736,  
         HB 880, CSHB 515, CSSB 642, SB 11. 
          
         Senator Cain  requested unanimous consent to be shown voting  
         "aye" on CSSB 642. 
          
         The Chair took no action on HB 494, HB 1316. 
          
         There being no further business, at 3:04 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