MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, May 14, 1997 2:15 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 Wednesday, May 14, 1997 in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Rodney Ellis Senator Gregory Luna Senator Chris Harris Senator David Cain Senator Robert Duncan Senator Steve Ogden Senator Jeff Wentworth ***** The Chair called the meeting to order at 2:17 pm. Awaiting the arrival of a quorum, the following business was transacted. The Chair laid out SB 1956 and recognized the author, Senator Carona, to explain the bill. The Chair moved that SB 1956 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved SB 1956 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 3542 and recognized the Senate sponsor, Senator Carona, to explain the bill. The Chair moved that HB 3542 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved HB 3542 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 3101 and recognized the Senate sponsor, Senator Carona, to explain the bill. The Chair moved that HB 3101 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 3101 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 3565 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 3565 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 3565 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 3135 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chair moved that HB 3135 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 3135 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 455 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 455 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ogden moved HB 455 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 2227 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2227 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved HB 2227 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 1336 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. The Chair moved that HB 1336 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved HB 1336 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 3541 and recognized the Senate sponsor, Senator Patterson, to explain the bill. The Chair moved that HB 3541 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ogden moved HB 3541 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 3538 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chair moved that HB 3538 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ogden moved HB 3538 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 2309 and recognized Senator Carona, instead of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2309 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 2309 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 2506 and recognized Senator Carona, instead of the Senate sponsor, to explain the bill. Witnesses registering on the bill are shown on the attached list. The Chair moved that HB 2506 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 2506 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 2922 and recognized Senator Carona, instead of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2922 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ellis moved HB 2922 be left pending; without objection, it was so ordered. The Chair laid out HB 2845 and recognized Senator Carona, instead of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2845 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 2845 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 2261 and recognized the Senate sponsor, Senator Lindsay, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2261 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ellis moved that HB 2261 be left pending; without objection, it was so ordered. The Chair laid out HB 2005 and recognized Senator Lindsay, in the absence of the Senate sponsor, to explain the bill. The Chair moved that HB 2005 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan moved HB 2005 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 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 2779 and recognized Senator Lindsay, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 2779 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 2779 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 1456 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 1456 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 1456 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 HB 3556 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. The Chair moved that HB 3556 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Ogden moved HB 3556 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 Ogden moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 1706 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. The Chair moved that HB 1706 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved HB 1706 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 2183 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. The Chair moved that HB 2183 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan moved HB 2183 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 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 2555 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. The Chair moved that HB 2555 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Cain moved HB 2555 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 1990 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 1990 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Duncan moved HB 1990 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 308 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The Chair moved that HB 308 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved HB 308 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 1688 and recognized Senator Cain, in the absence of the Senate sponsor, to explain the bill. The Chair moved that HB 1688 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved HB 1688 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair laid out HB 3086 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. The Chair moved that HB 3086 be left pending to await a quorum; without objection it was so ordered. Upon arrival of a quorum, Senator Wentworth moved HB 3086 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar, without objection, it was so ordered. The Chair moved that the committee stand at ease until a time certain; without objection, it was so ordered. The Chair called the meeting to order at 3:30 pm. There being a quorum present, the following business was transacted. The Chair laid out HB 1314 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. Senator Ellis moved that HB 1314 be left pending; without objection, it was so ordered. The Chair laid out HB 2189 and recognized the Senate sponsor, 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 Ellis moved that CSHB 2189 be left pending; without objection, it was so ordered. Senator Duncan requested unanimous consent to be shown voting aye on HB 2309, HB 2506, HB 2555, HB 2779, HB 2845, HB 3086, HB 3101, HB 3135, HB 3538, HB 3541, HB 3542, HB 3556, HB 3557, HB 3565. Senator Harris requested unanimous consent to be shown voting aye on SB 1956, HB 455, HB 2309, HB 3542, HB 3103, HB 3565, HB 3135, HB 2227, HB 1336, HB 3541, HB 3538, HB 3086, HB 2189, HB 2506, HB 2922, HB 2845, HB 2005, HB 2779, HB 1456, HB 3556, HB 1706, HB 2183, HB 2555, HB 1990, HB 308, HB 3557, HB 1688. There being no further business, at 4:10 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