MINUTES 
          
                        SENATE COMMITTEE ON JURISPRUDENCE 
                             Thursday, May 15, 1997 
                                     3:15 pm 
                                 Capitol E2.014 
          
                                      ***** 
          
         Pursuant to a notice posted in accordance with Senate Rule  
         11.11, a public hearing of the Senate Committee on  
         Jurisprudence was held on Thursday, May 15, 1997 in Capitol  
         E2.014, at Austin, Texas.   
          
                                      ***** 
          
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Rodney Ellis                    None 
         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 3:22 pm.  At 3:25 pm,  
         the Chair moved that the committee stand at ease awaiting the  
         arrival of any member of the committee; there being no  
         objection, it was so ordered. 
          
         At 3:30 pm Senator Duncan assumed the chair.  The Chair called  
         the meeting to order at 3:30 pm.  Awaiting the arrival of a  
         quorum, the following business was transacted.   
          
         The Chair laid out HB 1665 and recognized the Senate sponsor,  
         Senator Lucio, Jr., to explain the bill.   
         Witnesses registering on the bill are shown on the attached  
         list.   
         The Chair moved that HB 1665 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris moved that HB 1665 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.   
          
         The Chair laid out HB 3545 and recognized the Senate sponsor,  
  
         Senator Lucio, Jr., to explain the bill.   
         The Chair moved that HB 3545 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Ogden sent up Committee Amendment 1 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Ogden moved that HB 3545, 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 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 1553 and recognized Senator Lucio, Jr.,  
         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 1553 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Ellis moved that HB 1665 be left pending;  
         without objection, it was so ordered. 
          
         The Chair laid out HB 293 and recognized the Senate sponsor,  
         Senator Haywood, to explain the bill.  The Chair moved that HB  
         293 be left pending to await a quorum; without objection it  
         was so ordered.  Upon arrival of a quorum, Senator Harris  
         moved that HB 1665 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.   
          
         The Chair laid out HB 2615 and recognized Representative  
         Mowery, in the absence of the Senate sponsor, to explain the  
         bill.   
         The Chair moved that HB 2615 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Ellis moved that HB 2615 be left pending;  
         without objection, it was so ordered. 
          
         At 3:47 pm Senator Ogden assumed the chair.   
          
         The Chair laid out HB 2488 and recognized Senator Patterson,  
         in the absence of the Senate sponsor, to explain the bill.   
         The Chair moved that HB 2488 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris sent up Committee Amendment 1.   
         Senator Harris pulled down Committee Amendment 1.  Senator  
  
         Harris moved that HB 2488 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.   
          
         The Chair laid out HB 2339 and recognized Senator Patterson,  
         in the absence of the Senate sponsor, to explain the bill.   
         The Chair moved that HB 2339 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris sent up Committee Amendment 1 and  
         moved adoption; without objection, the amendment was adopted.   
         Senator Harris moved that HB 2339, 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 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 1672 and recognized Senator Patterson,  
         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 1672 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris moved that HB 1672 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 3:53 pm, the Chair moved that the committee stand at ease  
         awaiting the arrival of any member of the committee; there  
         being no objection, it was so ordered. 
          
         At 4:08 pm Senator Duncan assumed the chair.  The Chair called  
         the meeting to order at 4:08 pm.  Awaiting the arrival of a  
         quorum, the following business was transacted.   
          
         The Chair laid out HB 3088 and recognized Representative  
         Hartnett, 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 3088 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
  
         a quorum, 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 HB 3088 do not pass but that CSHB  
         3088 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 HB 891 and recognized Representative  
         Hartnett, in the absence of the Senate sponsor, to explain the  
         bill.   
         The Chair moved that HB 891 be left pending to await a quorum;  
         without objection it was so ordered.  Upon arrival of a  
         quorum, Senator Ogden moved that HB 891 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 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 1317 and recognized Representative  
         Hartnett, 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 1317 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Wentworth moved that HB 1317 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 HB 2421 and recognized Representative  
         Hartnett, in the absence of the Senate sponsor, to explain the  
         bill.   
         The Chair moved that HB 2421 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Cain moved that HB 2421 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.   
  
         At 4:21 pm, the Chair moved that the committee stand at ease;  
         there being no objection, it was so ordered. 
          
         At 4:50 pm Senator Duncan resumed the chair.  The Chair called  
         the meeting to order at 4:50 pm. 
          
         The Chair laid out HB 2951 and, in the absence of the Senate  
         sponsor, explained the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         The Chair moved that HB 2951 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum,  Senator Ellis moved that HB 2951 be left pending;  
         without objection, it was so ordered. 
          
         The Chair laid out HB 1192 and, in the absence of the Senate  
         sponsor, explained the bill.   
         The Chair moved that HB 1192 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris moved that HB 1192 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.   
          
         The Chair laid out HB 1751 and, in the absence of the Senate  
         sponsor, explained the bill.   
         The Chair moved that HB 1751 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris moved that HB 1751 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.   
          
         The Chair laid out HB 3105 and, in the absence of the Senate  
         sponsor, explained the bill.   
         The Chair moved that HB 3105 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Ogden moved that HB 3105 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 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 3104 and, in the absence of the Senate  
         sponsor, explained the bill.   
         Witnesses registering on the bill are shown on the attached  
         list.   
         The Chair moved that HB 3104 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris moved that HB 3104 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.   
          
         The Chair laid out HB 793 and, in the absence of the Senate  
         sponsor, explained the bill.   
         The Chair moved that HB 793 be left pending to await a quorum;  
         without objection it was so ordered.  Upon arrival of a  
         quorum, Senator Harris moved that HB 793 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,  
         1 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 3345 and, in the absence of the Senate  
         sponsor, explained the bill.   
         The Chair moved that HB 3345 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Harris moved that HB 3345 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.   
          
         The Chair laid out HB 2272 and, in the absence of the Senate  
         sponsor, explained the bill.   
         Witnesses testifying and registering on the bill are shown on  
         the attached list.   
         The Chair moved that HB 2272 be left pending to await a  
         quorum; without objection it was so ordered.  Upon arrival of  
         a quorum, Senator Ellis moved that HB 2272 be left pending;  
         without objection, it was so ordered. 
          
         At 5:19 pm, the Chair moved that the committee stand at ease;  
  
         there being no objection, it was so ordered. 
          
         There being no further business, at 5:28 pm Senator Duncan  
         moved that the Committee stand recessed subject to the call of  
         the Chair.  Without objection, it was so ordered.   
          
         At 8:09 am on May 16, 1997, in the Lieutenant Governor's  
         Committee Room, Senator Ellis resumed the Chair.  The Chair  
         called the meeting to order at 8:09 am.  There bring a quorum  
         present, all bills were voted on or left pending. 
          
         The following members arrived after roll was called: Duncan,  
         Luna and Cain. 
          
         The Chair laid out HB 2215.  Senator Harris sent up Committee  
         Amendment 1 and moved adoption; without objection, the  
         amendment was adopted.   
         Senator Harris moved that HB 2215, 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 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 601.  Senator Harris moved that HB 601  
         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 HB 3581. Senator Ogden moved that HB 3581  
         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.   
          
         There being no further business, at 8:45 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 Gonzalez, Clerk