House Committee on Judicial Affairs 76th Legislature March 8, 1999 3:00 pm Capitol Extension, E2.028 Pursuant to a notice posted on March 2, 1999, the House Committee on Judicial Affairs met in a public hearing and was called to order by the Chair, Representative Senfronia Thompson at 3:14 pm. The roll was answered as follows: Present: Representatives Thompson; Hartnett; Capelo; Shields; Uresti (5). Absent: Representatives Deshotel; Garcia; Hinojosa; Solis of Cameron (4). A quorum was present. HB 221 by Rep. Naishtat The chair laid out HB 221 and recognized the author, Rep. Naishtat, to explain. Testimony was taken. (See attached witness list.) (Representative Deshotel now present.) There being no other witnesses, the chair recognized the author to close. Rep. Capelo moved that HB 221 be reported favorably to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. There being objections, Rep. Capelo rephrased his motion and moved that HB 221 be reported favorably to the full House with the recommendation that it do pass, be printed and be sent to the Calendars Committee. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Uresti (5). Nays: Representative Shields (1). PNV: None (0). Absent: Representatives Garcia; Hinojosa; Solis of Cameron (3). HB 116 by Rep. Smith The chair laid out HB 116. The chair left HB 116 temporarily pending. (Representative Hartnett now chair.) HB 1603 by Thompson The chair laid out HB 1603 and recognized the author, Rep. Thompson, to explain. Rep. Hartnett offered and laid out CSHB 1603. Testimony was taken. (see attached witness list.) There were four witnesses who signed up in favor of HB 1603, but did not wish to testify. (see attached witness list for names.) There being no further witnesses, the chair withdrew the substitute and left HB 1603 pending. (Representative Thompson in chair.) HB 164 by Chisum The chair laid out HB 164 and recognized the author, Rep. Chisum, to explain. (Representative Solis of Cameron now present.) There being no witnesses to testify for, against or neutrally on HB 164, the chair referred HB 164 to subcommittee to be named later. (Representative Hartnett now chair.) HB 777 by Rep. Thompson & HB 778 by Rep. Thompson The chair laid out HB 777 & HB 778 and recognized the author, Rep. Thompson, to explain. Testimon was taken on both HB 777 & HB 778. (see attached witness list.) Rep. Uresti offered a committee amendment to HB 777. There being no objection, the chair laid out the committee amendment. The chair moved that the committee amendment be adopted. There being no objection, the committee amendment was adopted. Rep. Deshotel offered a complete committee substitute to HB 778. There being no objection, the chair laid out CSHB 778. Testimony was taken. (see attached witness list.) There being no further witnesses, the chair moved that CSHB 778 be adopted. There being no objection, CSHB 778 was adopted. Rep. Uresti moved that HB 777, as amended, be reported favorably to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote: Ayes: Representatives Thompson, Hartnett, Capelo, Deshotel, Shields, Solis of Cameron, Uresti (7). Nays: None (0). PNV: None (0). Absent: Representatives Garcia, Hinojosa (2). Rep. Deshotel moved that HB 778, as substituted, be reported favorably to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote: (Representative Hinojosa now present.) Ayes: Representatives Thompson, Hartnett, Capelo, Deshotel, Hinojosa, Shields, Solis of Cameron, Uresti (8). Nays: None (0). PNV: None (0). Absent: Representatives Garcia (1). (Representative Thompson in chair.) HB 116 by Rep. Smith The chair laid out HB 116, which was previously left pending, and recognized the author, Rep. Smith, to explain. Rep. Hartnett offered a complete committee substitute. There being no objection, the chair laid out CSHB 116 and recognized Rep. Smith to explain. Testimony was taken. (see attached witness list.) There being no other witnesses, the chair withdrew the substitute and left HB 116 referred HB 116 to a subcommittee to be named later. HB 1313 by Rep. Zbranek The chair laid out HB 1313 and recognized, Rep. Hope, to explain. Testimony was taken. (see attached witness list.) (Representative Hartnett now chair.) (Representative Thompson in chair.) There were two witnesses who signed up in opposition to HB 1313, but did not wish to testify. (see attached witness list for names.) There being no other witnesses, the chair recognized the author, Rep. Zbranek, to close. (Representative Hartnett now chair.) The chair left HB 1313 pending. HB 57 by Rep.Cuellar The chair laid out HB 57, which was left pending at the committee's March 1st public hearing, and explained. Rep. Deshotel offered a complete committee substitute to HB 57. There being no objection, the chair laid out CSHB 57 and explained. Rep. Deshotel moved adoption of the committee substitute to HB 57. There being no objection, CSHB 57 was adopted. Rep. Capelo moved that HB 57, as substituted, be reported favorably to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote: Ayes: Representatives Thompson, Hartnett, Capelo, Hinojosa, Shields, Uresti (6). Nays: None (0). PNV: None (0). Absent: Representatives Deshotel, Garcia, Solis of Cameron (3). HB 1142 by Thompson The chair laid out HB 1142, which was left pending at the committee's March 1st public hearing, and explained. There was one witness who signed up in favor of HB 1142, but did not wish to testify. (see attached witness list for name.) Rep. Hartnett offered and laid out a complete committee substitute to HB 1142. Rep. Hartnett moved adoption of CSHB 1142. There being no objection, CSHB 1142 was adopted. Rep. Uresti moved that HB 1142, as substituted, be reported favorably to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. There being questions, Rep. Uresti withdrew his motion. Rep. Uresti re-instated his motion by moving that HB 1142, as substituted, be reported favorably to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel, Hinojosa, Shields, Uresti (7). Nays: None (0). PNV: None (0). Absent: Representatives Garcia; Solis of Cameron (2). HB 1309 by Rep. Thompson The chair laid out HB 1309 and recognized the author, Rep. Thompson, to explain. Testimony was taken. (see attached witness list.) There were two witnesses who signed up in opposition to HB 1309, but did not wish to testify. (see attached witness list for names.) There being no further witnesses, the chair recognized the author to close. The chair referred HB 1309 to a subcommittee to be named later. (Representative Thompson in chair.) The chair named the subcommittees to the following bills: Subcommittee on Process Servers Shields (chair), Deshotel, Uresti HB 1309 by Thompson Subcommittee on Property Shields (chair), Deshotel, Uresti HB 116 by Smith Subcommittee on Judicial Selection Solis of Cameron (chair), Deshotel, Thompson HB 164 by Chisum The chair referred the following bills directly to subcommittee and made the following subcommittee assignments: Subcommittee on District Courts Thompson (chair), Hinojosa, Shield, Solis of Cameron, Uresti HB 58 by Cuellar HB 100 by Howard HB 125 by Puente HB 252 by Luna of Nueces HB 400 by Thompson HB 593 by Hinojosa HB 602 by Naishtat Subcommittee on District Courts (cont'd) HB 929 by Junell HB 978 by McCall HB 1012 by Lewis of Tarrant HB 1222 by Krusee HB 1239 by Ramsay HB 1252 by Chavez HB 1253 by Chavez HB 1695 by Solis of Cameron Subcommittee on Juries Deshotel (chair); Hinojosa, Garcia HB 168 by Chisum HB 472 by Reyna of Dallas HB 653 by Berman HB 701 by Wilson HB 769 by Goodman HB 1754 by Hill SB 136 by Harris Subcommittee on Visiting Judges Hinojosa (chair); Garcia, Uresti HB 460 by Nixon of Harris HB 474 by Nixon of Harris HB 600 by Gallego HB 639 by Thompson HB 1606 by Thompson Subcommittee on Municipal Courts Garcia (chair); Capelo, Shields HB 404 by Palmer HB 651 by Berman HB 731 by Thompson HB 1881 by Brimer Subcommittee on Probate Hartnett (chair); Capelo, Shields HB 919 by Naishtat HB 1282 by Thompson HB 1660 by Naishtat HB 1661 by Naishtat HB 1662 by Naishtat HB 1663 by Naishtat HB 1851 by Thompson HB 1852 by Thompson SB 294 by Harris Subcommittee on Judicial Selection Solis (chair); Deshotel, Thompson HB 346 by Thompson HB 666 by Mowery HB 1361 by Hupp HJR 49 by Hupp Subcommittee on Court Reporters Capelo (chair); Deshotel, Shields HB 1072 by Uher HB 1815 by Dutton There being no further business, the chair move that the committee stand adjourn. There being no objection, the Committee on Judicial Affairs adjourned at 6:22 p.m. ___________________________ Senfronia Thompson, Chair ___________________________ Milda Mora, Chief Clerk