MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Sunday, May 18, 1997
3:30 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 Sunday, May 18, 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 4:40 pm. At 4:41 pm
Senator Luna assumed the chair.
Awaiting the arrival of a quorum, the following business was
transacted.
The Chair laid out HB 1175 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 1175 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris assumed the chair for the vote.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed. Senator
Duncan moved adoption of the committee substitute. The motion
carried with a vote of 4 ayes, 2 nays, 1 present not voting,
and 0 absent.
Senator Ellis moved that HB 1175 do not pass but that CSHB
1175 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 5:02 pm Senator Ellis resumed the chair.
The Chair laid out HB 697 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Witnesses registering on
the bill are shown on the attached list.
The Chair moved that HB 697 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved HB 697 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 HB 1453 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 1453 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Luna moved HB 1453 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 2169 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 2169 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Luna moved HB 2169 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 2272 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses 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 Ogden moved HB 2272 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 HB 1645 and recognized the Senate sponsor,
Senator Carona, to explain the bill. The Chair moved that HB
1645 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Luna moved
HB 1645 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 Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 1153 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
The Chair moved that HB 1153 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, the chair received no motion. The bill was left
pending.
The Chair laid out HB 1886 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 1886 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 1886 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 HB 1914 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill.
The Chair moved that HB 1914 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ogden moved HB 1914 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 HB 3605 and recognized the Senate sponsor,
Senator Fraser, to explain the bill. The Chair moved that HB
3605 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Harris
moved HB 3605 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 2727 and recognized Senator Luna and
Representative Garcia, 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 5:17 pm Senator Harris assumed the chair.
The Chair moved that HB 2727 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, the chair received no motion on HB 2727. The bill
was left pending.
The Chair laid out HB 785 and recognized the Senate sponsor,
Senator Patterson, to explain the bill. Witnesses registering
on the bill are shown on the attached list.
The Chair moved that HB 785 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Wentworth moved HB 785 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 HB 3052 and recognized Senator Luna, in the
absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 3052 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved HB 3052 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 1958 and recognized the author, Senator
Luna, to explain the bill.
The Chair moved that SB 1958 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Luna moved SB 1958 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 5:25 pm Senator Ellis resumed the chair.
The Chair laid out HB 1756 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Witnesses registering on
the bill are shown on the attached list.
The Chair moved that HB 1756 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved HB 1756 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 2633 and recognized the Senate sponsor,
Senator Harris, to explain the bill. The Chair moved that HB
2633 be left pending to await a quorum; without objection it
was so ordered. Upon arrival of a quorum, Senator Harris
moved HB 2633 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 881 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
The Chair moved that HB 881 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Wentworth moved HB 881 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 3544 and recognized Senator Wentworth,
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 3544 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 3544 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, 1
present not voting, and 0 absent.
The Chair laid out HB 1507 and recognized Senator Wentworth, in
the absence of the Senate sponsor, to explain the bill.
Witnesses and registering on the bill are shown on the
attached list.
The Chair moved that HB 1507 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 1507 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 HB 1314 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
The Chair moved that HB 1314 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 1314 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.
At 5:35 pm Senator Wentworth assumed the chair.
The Chair laid out HB 820 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 820 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved HB 820 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 2273 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that HB 2273 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved HB 2273 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.
At 5:40 pm Senator Harris assumed the chair.
The Chair laid out HB 2837 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 2837 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved HB 2837 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 HJR 55 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
The Chair moved that HJR 55 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved HJR 55 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 5:46 pm Senator Ellis resumed the chair.
The Chair laid out SB 1384 and recognized the author, Senator
Haywood, to explain the bill.
The Chair moved that SB 1384 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 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 1384 do not pass but that CSSB
1384 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 5:49 pm Senator Wentworth assumed the chair.
The Chair laid out HB 2069 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
The Chair moved that HB 2069 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 2069 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 2697 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
The Chair moved that HB 2697 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved HB 2697 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 2951.
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 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 HB 2951 do not pass but that CSHB
2951 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 2615 and recognized Senator Ellis, 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 Harris sent up Committee Amendment 1 and
moved adoption; without objection, the amendment was adopted.
Senator Wentworth moved that HB 2615, 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 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 21 and recognized Senator Ellis, 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 21 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Duncan moved HB 21 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 HB 1327 and recognized Senator Ellis, 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 1327 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Duncan moved HB 1327 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 HB 172 and recognized Senator Ellis, in the
absence of the Senate sponsor, to explain the bill.
The Chair moved that HB 172 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, 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 HB 172 do not pass but that CSHB 172
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 6:07 pm Senator Ellis resumed the chair.
At 6:07 pm, the Chair called roll. There bring a quorum
present, all bills were voted on or left pending.
The following members arrived after roll was called: Cain and
Duncan.
Senator Harris assumed the chair on Senator Ellis' bills so
that he could move that each bill be reported back to the
Senate and do pass and be printed each bill. These are the
various times.
At 6:17 pm, Senator Harris assumed the chair.
At 6:20 pm, Senator Ellis resumed the chair.
At 6:45 pm Senator Harris assumed the chair.
At 6:46 pm Senator Ellis resumed the chair.
The Chair laid out HB 1553. Witnesses testifying and
registering on the bill are shown on the attached list.
Senator Wentworth moved that HB 1553 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 HB 2189 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
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 2189 do not pass but that CSHB
2189 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 2261. Witnesses 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 HB 2261, 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 HB 2922. Witnesses testifying and
registering on the bill are shown on the attached list.
The Chair did not receive a motion. The bill was left
pending.
At 7:03 pm, Senator Harris assumed the chair.
At 7:09 pm Senator Ellis resumed the chair.
Senator requested unanimous consent to be shown voting "aye"
on HB 1453, HB 1507, HB 1645, HB 1756, HB 1886, HB 1914, HB
2169, HB 2273, HB 2633, HB 2837, HB 3052, HB 3605, HJR 55, HB
1314, HB 1553, HB 3544, CSSB 1384, CSHB 2189, HB 2261 as
amended, HB 2272, HB 2615 as amended, CSHB 2951, HB 26974, HB
2069.
There being no further business, at 7:13 pm Senator Ellis
moved that the Committee be adjourned. Without objection, it
was so ordered.
____________________________
Senator Rodney Ellis, Chair
____________________________
Helen Gonz lez, Clerk