House Committee on Judicial Affairs
76th Legislature
April 12, 1999
3:00 pm or upon adjournment
Capitol Extension, E2.028
Pursuant to a notice posted on April 7, 1999, the House
Committee on Judicial Affairs met in a public hearing and was
called to order by the Chair, Representative Senfronia
Thompson at 3:11 pm.
The roll was answered as follows:
Present: Representatives Thompson; Hartnett; Capelo; Garcia;
Hinojosa; Shields; Uresti (7).
Absent: Representatives Deshotel; Solis of Cameron (2).
A quorum was present.
The chair recognized three students from Sabine High School
for testimony favoring the creation of district courts.
HB 1012 by Rep. Lewis
The chair recalled HB 1012 from subcommittee.
The chair laid out HB 1012 and recognized the author, Rep.
Lewis, to explain.
The chair moved to leave HB 1012 pending. There being no
objection, HB 1012 was left pending.
HB 100 by Rep. Howard
The chair recalled HB 100 from subcommittee.
The chair laid out HB 100 and recognized the author, Rep.
Howard, to explain.
The chair moved to leave HB 100 pending. There being no
objection, HB 100 was left pending.
HB 978 by Rep. McCall
The chair recalled HB 978 from subcommittee.
The chair laid out HB 978 and recognized the author, Rep.
McCall, to explain.
The chair moved to leave HB 978 pending. There being no
objection, HB 978 was left pending.
SB 181 by Sen. Shapiro (McCall)
The chair laid out SB 181 and recognized the house sponsor,
Rep. McCall, to explain.
Representative Hartnett moved that SB 181 be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars. The motion prevailed by the following
vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Deshotel; Solis of Cameron (2).
HB 1222 by Rep. Krusee
The chair recalled HB 1222 from subcommittee.
The chair laid out HB 1222 and recognized the author, Rep.
Krusee, to explain.
The chair moved to leave HB 1222 pending. There being no
objection, HB 1222 was left pending.
SB 612 by Sen. Ogden (Krusee)
The chair laid out SB 612 and recognized the house sponsor,
Rep. Krusee, to explain.
Representative Hartnett moved that SB 612 be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars. The motion prevailed by the following
vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Deshotel; Solis of Cameron (2).
HB 1252, HB 1253 & HB 2857 by Rep. Chavez
The chair recalled HB 1252, HB 1253 and HB 2857 from
subcommittee.
The chair laid out HB 1252, HB 1253 and HB 2857 and recognized
the author, Rep. Chavez, to explain.
The chair moved to leave HB 1252, HB 1253 and HB 2857 pending.
There being no objection, HB 1252, HB 1253 and HB 2857 were
left pending.
HB 125 by Rep. Puente
The chair recalled HB 125 from subcommittee.
The chair laid out HB 125 and recognized the author, Rep.
Puente, to explain.
The chair moved to leave HB 125 pending. There being no
objection, HB 125 was left pending.
HB 561 by Rep. Puente
The chair laid out HB 561 and recognized the author, Rep.
Puente, to explain.
The chair moved to leave HB 561 pending. There being no
objection, HB 561 was left pending.
SB 158 by Sen. Luna (Puente)
The chair laid out SB 158 and recognized the house sponsor,
Rep. Puente, to explain.
(Rep. Deshotel now present.)
Representative Uresti moved that SB 158 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields; Uresti
(8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron (1).
HB 58 by Rep. Cuellar
The chair recalled HB 58 from subcommittee.
The chair laid out HB 58 and recognized the author, Rep.
Cuellar, to explain.
The chair moved to leave HB 58 pending. There being no
objection, HB 58 was left pending.
SB 952 by Sen. Luna (Puente)
The chair laid out SB 952 and recognized the house sponsor,
Rep. Puente, to explain.
Representative Uresti moved that SB 952 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields; Uresti
(8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron (1).
HB 929 by Rep. Junell
The chair recalled HB 929 from subcommittee.
The chair laid out HB 929 and recognized the author, Rep.
Junell, to explain.
The chair moved to leave HB 929 pending. There being no
objection, HB 929 was left pending.
HB 829 by Rep. Telford
The chair laid out HB 829 and recognized the author, Rep.
Telford, to explain.
Representative Deshotel moved that HB 829 be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars. The motion prevailed by the following
vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields; Uresti
(8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron (1).
HB 928 by Rep. Junell
The chair laid out HB 928 and recognized the author, Rep.
Junell, to explain.
The chair offered and laid out a complete committee substitute
to HB 928 and recognized Rep. Junell to explain the
substitute.
Rep. Hinojosa moved adoption of the substitute. There being
no objection, CSHB 928 was adopted.
Representative Hinojosa moved that HB 928, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields; Uresti
(8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron (1).
HB 1239 by Rep. Ramsay
The chair recalled HB 1239 from subcommittee.
The chair laid out HB 1239 and recognized the author, Rep.
Ramsay, to explain.
The chair moved to leave HB 1239 pending. There being no
objection, HB 1239 was left pending.
HB 572 by Rep. Howard
The chair laid out HB 572 and recognized the author, Rep.
Howard, to explain.
The chair offered and laid out a complete committee substitute
to HB 572 and recognized Rep. Howard to explain the
substitute.
The chair moved adoption of the substitute. There being no
objection, CSHB 572 was adopted.
Representative Uresti moved that HB 572, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields; Uresti
(8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron (1).
HB 3408 by Rep. Williams
The chair recalled HB 3408 from subcommittee.
The chair laid out HB 3408 and recognized the author, Rep.
Williams, to explain.
The chair moved to leave HB 3408 pending. There being no
objection, HB 3408 was left pending.
HB 3360 by Rep. Eiland
The chair recalled HB 3360 from subcommittee.
The chair laid out HB 3360 and recognized the author, Rep.
Eiland, to explain.
The chair moved to leave HB 3360 pending. There being no
objection, HB 3360 was left pending.
HB 3801 by Rep. Smithee
The chair laid out HB 3801 and recognized the author, Rep.
Smithee, to explain.
The chair moved to leave HB 3801 pending. There being no
objection, HB 3801 was left pending.
HB 2196 by Rep. Hope
The chair laid out HB 2196 and recognized the author, Rep.
Hope, to explain.
Testimony was taken. (See attached witness list.)
There being no further witnesses, the chair recognized the
author to close.
Representative Deshotel moved that HB 2196 be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars. The motion prevailed by the following
vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representatives Garcia; Solis of Cameron (2).
HB 3779 by Rep. Luna
The chair laid out HB 3779 and recognized the author, Rep.
Luna, to explain.
Rep. Capelo offered a complete committee substitute to HB
3779. There being no objection, the chair laid out HB 3779
and recognized Rep. Luna to explain the substitute.
The chair moved adoption of the substitute. There being no
objection, CSHB 3779 was adopted.
Representative Capelo moved that HB 3779, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Garcia, Solis of Cameron (2).
HB 3563 by Rep. Luna
The chair laid out HB 3563 and recognized the author, Rep.
Luna, to explain.
The chair moved to leave HB 3563 pending. There being no
objection, HB 3563 was left pending.
HB 2313 by Rep. McReynolds
The chair laid out HB 2313 and recognized the author, Rep.
McReynolds, to explain.
Representative Garica moved that HB 2313 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields; Uresti
(8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron (1).
HB 2136 by Rep. Hilderbran
The chair laid out HB 2136 and recognized the author, Rep.
Hilderbran, to explain.
Representative Deshotel moved that HB 2136 be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars. The motion prevailed by the following
vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields; Uresti
(8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron (1).
HB 3780 by Rep. Luna
The chair laid out HB 3780 and recognized the author, Rep.
Luna, to explain.
Testimony was taken. (see attached witness list.)
Rep. Capelo offered a complete committee substitute. The
chair laid out CSHB 3780 and recognized Rep. Luna to explain
the substitute.
The chair withdrew the substitute and moved to leave HB 3780.
There being no objection, HB 3780 was left pending.
HB 804 by Rep. Gallego
The chair laid out HB 804 and recognized the author, Rep.
Gallego, to explain.
Testimony was taken. (see attached witness list.)
Rep. Thompson, chair, offered and laid out a complete
committee substitute to HB804 and recognized Rep. Gallego to
explain the substitute.
The chair moved to leave CSHB 804 temporarily pending before
the committee. There were being no objection, CSHB 804 was
left pending.
HB 2246 by Rep. Homer
The chair laid out HB 2246 and recognized the author, Rep.
Homer, to explain.
Rep. Thompson, chair, offered and laid out a complete
committee substitute to HB2246 and explained.
Rep. Thompson moved adoption of the substitute. There being
no objection, CSHB 2246 was adopted.
Representative Capelo moved that HB 2246, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Deshotel; Solis of Cameron (2).
HB 804 by Gallego
The chair laid out CSHB 804 which was temporarily left
pending.
The chair recognized the author to close.
The chair moved adoption of the substitute to HB 804. There
being no objection, CSHB 804 was adopted.
Representative Hinojosa moved that HB 804, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Deshotel; Solis of Cameron (2).
HB 3031 by Rep. Oliveira
The chair laid out HB 3031 and recognized the author, Rep.
Oliveira, to explain.
Rep. Thompson, chair, offered and laid out complete committee
substitute to HB 3031 and recognized Rep. Oliveira to explain
the substitute.
Rep. Thompson moved adoption of CSHB 3031. There being no
objection, CSHB 3031 was adopted.
Rep. Capelo moved that HB 3031, as substituted, be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Calendars.
The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Deshotel; Solis of Cameron (2).
HB 1833 by Rep. Counts
The chair laid out HB 1833 and recognized the author, Rep.
Counts, to explain.
Rep. Hinojosa offered a complete committee substitute to HB
1833. The chair laid out CSHB 1833 and recognized Rep. Counts
to explain the substitute.
Rep. Garcia moved adoption of the substitute. There being no
objection, CSHB 1833 was adopted.
Representative Garcia moved that HB 1833, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Deshotel; Solis of Cameron (2).
HB 3174 by Rep. Hartnett
The chair laid out HB 3174 and recognized the author, Rep.
Hartnett, to explain.
Representative Garcia moved that HB 3174 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Deshotel; Solis of Cameron (2).
HB 593 by Rep. Hinojosa
The chair recalled HB 593 from subcommittee.
The chair laid out HB 593 and recognized the author, Rep.
Hinojosa, to explain.
The chair moved to leave HB 593 pending. There being no
objection, HB 593 was left pending.
HB 2580 by Rep. Hartnett
The chair laid out HB 2580 and recognized the author, Rep.
Hartnett, to explain.
Rep. Garcia moved that HB 2580 be reported favorably to the
full house with the recommendation that it do pass and be
printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; Uresti (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Deshotel; Solis of Cameron (2).
HB 3173 by Rep. Hartnett
The chair laid out HB 3173 and recognized the author, Rep.
Hartnett, to explain.
Testimony was taken. (see attached witness list.)
There being no further witnesses, the chair recognized the
author to close.
Rep. Hartnett moved to leave HB 3173. There being no
objection, HB 3173 was left pending.
HB 3337 by Rep. Naishtat
The chair recalled HB 3337 from subcommittee.
The chair laid out HB 3337 and recognized Rep. Hartnett to
explain.
Representative Garcia moved that HB 3337 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Garcia; Hinojosa; Shields; (6).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Deshotel; Solis of Cameron;
Uresti (3).
HB 2758 by Rep. Bob Turner
The chair laid out HB 2758 and recognized the author, Rep.
Turner, to explain.
Rep. Garcia offered a complete committee substitute to HB
2758. The chair laid out CSHB 2758 and recognized Rep.Turner
to explain the substitute.
Rep. Garcia moved adoption of the substitute. There being no
objection, CSHB 2758 was adopted.
Representative Garcia moved that HB 2758, as substituted, be
reported favorably to the full house with the recommendation
that it do pass and be printed and be sent to the Committee on
Local and Consent Calendars. The motion prevailed by the
following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshotel; Garcia; Hinojosa; Shields (7).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Solis of Cameron; Uresti (2).
HB 2863 by Rep. Uher
The chair laid out HB 2863 and recognized the author, Rep.
Uher, to explain.
Testimony was taken. (see attached witness list)
There being no other witnesses, the chair recognized the
author to close.
The chair moved to leave HB 2863 pending. There being no
objection, HB 2863 was left pending.
HB 3338 by Rep. Naishtat
The chair recalled HB 3338 from subcommittee.
The chair laid out HB 3338 and recognized Rep. Hartnett to
explain.
(Rep. Solis of Cameron now present.)
Representative Hinojosa moved that 3338 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett; Capelo;
Deshtoel; Garcia; Hinojosa; Shields; Solis of
Cameron; Uresti (9).
Nays: None (0).
Present not Voting: None (0).
Absent: None (0).
(Rep. Hinojosa now chair.)
SB 136 by Sen. Harris (Thompson)
The chair laid out SB 136 and recognized the house sponsor,
Rep. Thompson, to explain.
There being no witnesses, the chair recognized the sponsor to
close.
Representative Garcia moved that SB 136 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Capelo; Deshotel;
Garcia; Hinojosa; Shields; Solis of Cameron;
Uresti (8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Hartnett (1).
SCR 15 by Sen. Ellis (Thompson)
The chair laid out SCR 15 and recognized the house sponsor,
Rep. Thompson, to explain.
There being no witnesses, the chair recognized the sponsor to
close.
Representative Garcia moved that SCR 15 be reported favorably
to the full house with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars. The motion prevailed by the following vote:
Ayes: Representatives Thompson; Capelo; Deshotel;
Garcia; Hinojosa; Shields; Solis of Cameron;
Uresti (8).
Nays: None (0).
Present not Voting: None (0).
Absent: Representative Hartnett (1).
(Rep. Thompson in chair.)
HB 1695 by Rep. Solis of Cameron
The chair recalled HB 1695 from subcommittee.
The chair laid out HB 1695 and recognized the author, Rep.
Solis, to explain.
The chair moved to leave HB 1695 pending. There being no
objection, HB 1695 was left pending.
HB 2474 by Rep. Solomons
The chair recalled HB 2474 from subcommittee.
The chair laid out HB 2474 and explained.
The chair moved to leave HB 2474 pending. There being no
objection, HB 2474 was left pending.
HB 762 by Rep. Dutton
The chair laid out HB 762 and explained.
Testimony was taken. (see attached witness list.)
(Rep. Hartnett now chair.)
(Rep. Thompson in chair.)
There being no further witnesses, the chair recognized the
author, Rep. Dutton, to close.
Rep. Hinojosa moved to leave HB 762 pending. There being no
objection, HB 762 was left pending.
HB 602 by Rep. Naishtat
The chair recalled HB 602 from subcommittee.
The chair laid out HB 602 and explained.
The chair moved to leave HB 602 pending. There being no
objection, HB 602 was left pending.
HB 400 by Rep. Thompson/et al
The chair recalled HB 400 from subcommittee.
The chair laid out HB 400 and explained.
Rep. Hinojosa offered a complete committee substitute to HB
400. The chair laid out CSHB 400 and explained.
Rep. Thompson, chair, offered, laid out and explained an
amendment to CSHB 400. The chair moved adoption of the
amendment. There being no objection the amendment was
adopted.
The chair, with the consent of the committee, directed
committee staff to prepare a new committee substitute
incorporating the adopted amendment.
Rep. Hinojosa moved adoption of the new committee substitute.
There being no objection, CSHB 400 was adopted.
Rep. Hinojosa moved that HB 400, as substituted, be reported
favorably to the full house with the recommendation that it do
pass and be printed and be sent to the Committee on Calendars.
The motion prevailed by the following vote:
Ayes: Representatives Thompson; Hartnett: Capelo;
Deshotel; Garcia; Hinojosa; Shields; Solis of
Cameron; Uresti (9).
Nays: None (0).
Present not Voting: None (0).
Absent: None (0).
The chair referred the following bills directly to the
followng subommittee:
Subcommittee on HB 977
Thompson, Chair; Uresti; Solis of Cameron; Shields; Hinojosa
HB 977 by McCall
Subcommittee on Local Courts
HB 1117 by Solis of Cameron
HB 1609 by Thompson
HB 1633 by Krusee
HB 3309 by Thompson
HJR 93 by Thompson
Subcommittee on Probate
HB 3578 by Corte
There being no further business, the chair moved that the
committee stand adjourn. There being no objection, the
Committee on Judicial Affairs adjourned at 6:08 p.m.
____________________________
Rep. Senfronia Thompson, Chair
_____________________________
Milda Mora, Chief Clerk