House Committee on Judicial Affairs 
         76th Legislature 
         April 26, 1999 
         3:00 pm 
         Capitol Extension, E2.028 
          
         Pursuant to a notice posted on April 21, 1999 and to the  
         suspension of the 5-day posting rule for HB 3837 & HJR 96 made  
         while the house was still in session on April 23, 1999, the  
         House Committee on Judicial Affairs met in a public hearing  
         and was called to order by the Chair, Representative Senfronia  
         Thompson at 3:28 pm. 
          
         The roll was answered as follows:   
          
         Present:  Representatives Thompson; Hartnett; Capelo;  
                   Hinojosa; Shields; Uresti (6). 
          
         Absent:   Representatives Deshotel; Garcia; Solis, Jim (3). 
          
         A quorum was present. 
          
         HB 10 by Rep. Gallego 
          
         The chair recalled HB10 from subcommittee. 
          
         The chair laid out HB10 and recognized the author, Rep.  
         Gallego, to explain. 
            
         (Representative Deshotel now present.)   
          
         Testimony was taken.  (See attached witness list.) 
          
         (Representative Garcia now present.)   
          
         There being no further witnesses, the chair recognized the  
         author to close. 
          
         (Representative Solis, Jim now present.)   
          
          Representative Hinojosa moved that HB10 be reported favorably  
         to the full house with the recommendation that it do pass and  
         be printed.  The motion failed by the following vote:   
          
         Ayes:          Representatives Thompson; Garcia; Hinojosa;  
                        Solis, Jim (4). 
         Nays:          Representatives Hartnett; Capelo; Deshotel;  
                        Shields (4). 
         Present not Voting:      None (0). 
         Absent:        Representative Uresti (1). 
          
         SB 424 by Sen. Carona (Uher) 
          
         The chair recalled SB 424 from subcommittee.   
  
         The chair laid out SB 424 and recognized the house sponsor,  
         Rep. Uher, to explain. 
          
          Testimony was taken.  (See attached witness list.) 
          
         There being no further witnesses, the chair recognized the  
         author to close. 
          
         Representative Garcia moved that SB 424 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:        Representatives Solis, Jim; Uresti (2). 
          
         HJR 90 by Rep. Gallego 
          
         The chair laid out HJR 90 and recognized the author, Rep.  
         Gallego, to explain. 
          
         There being no witnesses, the chair recognized the author to  
         close. 
          
         Representative Hinojosa moved that HJR 90 be reported  
         favorably to the full house with the recommendation that it do  
         pass and be printed.  The motion prevailed by the following  
         vote:   
          
         Ayes:          Representatives Thompson; Capelo; Deshotel;  
                        Garcia; Hinojosa (5). 
         Nays:          Representatives Hartnett; Shields (2). 
         Present not Voting:      None (0). 
         Absent:        Representatives Solis, Jim; Uresti (2). 
          
         HB 666 by Rep. Mowery   
          
         The chair recalled HB 666 from subcommittee.   
          
         The chair laid out HB 666 and recognized the author, Rep.  
         Mowery, to explain. 
           
         The chair moved to leave HB 666 pending. The bill was left  
         pending without objection.  
          
         SJR 9 by Sen. Duncan (Junell) 
          
         The chair laid out SJR 9.   
          
         The chair offered and laid out a complete committee substitute  
  
         to SJR 9 and recognized Rep. Junell to explain the substitute. 
          
         Testimony was taken.  (See attached witness list.) 
          
         There being no further witnesses, the chair withdrew the  
         substitute and recognized the author to close. 
          
         The chair moved to leave SJR 9 pending.   The bill was left  
         pending without objection.  
          
         HB 3837 & HJR 96  by Rep. Solomons 
          
         The chair laid out HB 3837 and HJR 96 and recognized the  
         author, Rep. Solomons, to explain.   
          
         The chair moved to leave HB 3837 & HJR 96 pending. The bill  
         and joint resolution were left pending without objection.  
          
         (Representative Hartnett in chair.)   
          
         HB 2709 by Rep. Thompson 
          
         The chair recalled HB 2709 from subcommittee.  
          
         The chair laid out HB 2709 and recognized Rep. Thompson to  
         explain. 
          
         Testimony was taken.  (See attached witness list.) 
          
         There being no further witnesses, the chair recognized the  
         author, Rep. Thompson, to close. 
          
         The chair moved to leave HB 2709 pending.  The bill was left  
         pending without objection.  
          
         HB 1815 by Rep. Dutton 
          
         The chair recalled HB 1815 from subcommittee.   
          
         The chair laid out HB 1815 and recognized the author, Rep.  
         Dutton, to explain. 
          
         (Representative Thompson in chair.)   
          
         Testimony was taken.  (See attached witness list.) 
          
         The chair offered and laid out a complete committee substitute  
         and recognized Rep. Dutton to explain the substitute. 
          
         There being no further witnesses, the chair withdrew the  
         substitute and recognized the author to close. 
          
         The chair referred the bill to the Subcommittee on HB 1815.  
          
         The chair named the following members to the Subcommittee on  
  
         HB 1815:  Representative Uresti, Chair, Representatives  
         Hartnett and Shields.  
          
         HB 2709 by Rep. Thompson 
          
         The chair laid out HB 2709 as pending business.   
          
         The chair referred the bill to the Subcommittee on HB 2709. 
          
         The chair named the following members to the Subcommittee on  
         HB 2709:  Representative Shields, Chair, Representatives  
         Hartnett and Uresti.  
          
         The chair moved that the committee stand at ease, pending the  
         departure of  witnesses.  There being no objection, the  
         Committee on Judicial Affairs stood at ease at 8:24 p.m. 
          
         The Committee on Judicial Affairs was called to order by Rep,  
         Thompson, chair, at 8:25 p.m. 
          
         HB 1607 by Rep. Thompson 
          
         The chair recalled HB 1607 from subcommittee.   
          
         The chair laid out HB 1607 and explained. 
          
         Testimony was taken.  (See attached witness list.) 
         (Representative Hartnett in chair.)   
          
         Representative Hartnett moved that HB 1607 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; Hinojosa;  
                        Shields; Uresti (5). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Capelo; Deshotel; Garcia;  
                        Solis, Jim (4). 
          
         HB 2534 by Rep. Thompson 
          
         The chair recalled HB 2534 from subcommittee. 
          
         The chair laid out HB 2534 and recognized the author, Rep.  
         Thompson, to explain. 
           
         Testimony was taken.  (See attached witness list.) 
          
         Representative Hartnett moved that HB 2534 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; Deshotel;  
                        Hinojosa; Shields; Uresti (6). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Capelo; Garcia; Solis, Jim (3). 
          
         (Representative Thompson in chair.)   
          
         HB 2164 by Rep. Naishtat 
          
         The chair recalled HB 2164 from subcommittee.   
          
         The chair laid out HB 2164 and recognized the author, Rep.  
         Naishtat, to explain. 
          
         The chair offered and laid out a complete committee substitute  
         to HB 2164 and recognized Rep. Naishtat to explain the  
         substitute. 
          
         Testimony was taken on HB 2164 and CSHB 2164. (see attached  
         witness list) 
          
         The chair offered and laid out an amendment to the substitute  
         and recognized Rep. Naishtat to explain the amendment to the  
         substitute. 
          
         The chair moved adoption of the amendment.  There being no  
         objection, committee amendment #1 was adopted. 
          
         The chair, with the consent of the committee, directed  
         committee staff to draft a new committee substitute  
         incorporating the adopted amendment. 
          
         The chair moved adoption of the new committee substitute.   
         There being no objection the new CSHB 2164 was adopted. 
          
          Representative Capelo moved that HB 2164, 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:        Representatives Garcia; Solis, Jim (2). 
          
         HB 2165 by Rep. Naishtat 
          
         The chair recalled HB 2165 from subcommittee.   
          
         The chair laid out HB 2165 and recognized the author, Rep.  
         Naishtat, to explain. 
          
         The chair offered and laid out a complete committee substitute  
         to HB 2165. 
          
         Rep. Hartnett offered an amendmend to the substitute. The  
         chair laid out the amendment and recognized Rep. Hartnett to  
         explain the amendment. 
          
         Testimony was taken on HB 2165 and CSHB 2165.  (See attached  
         witness list.) 
         The chair moved adoption of the committee amendment.  There  
         being no objection, committee amendment #1 was adopted. 
          
         The chair, with the consent of the committee, directed  
         committee staff to draft a new substitute incorporating the  
         adopted amendment. 
          
         The chair moved adoption of the new committee substitute.   
         There being no objection, the new CSHB 2165 was adopted. 
          
         Representative Deshotel moved that HB 2165, 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 (6). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Garcia; Solis, Jim; Uresti (3). 
          
         HB 2166 by Rep. Naishtat 
          
         The chair recalled HB 2166 from subcommittee.   
          
         The chair laid out HB 2166 and recognized the author, Rep.  
         Naishtat, to explain. 
          
         The chair offered and laid out a complete committee substitute  
         to HB 2166 and recognized Rep. Naishtat to explain the  
         substitute. 
          
         Testimony was taken on HB 2166 and CSHB 2166.  (See attached  
         witness list.) 
          
         There being no further witnesses, the chair recognized the  
         author to close. 
          
         The chair moved the adoption of the substitute.  There being  
         no objection, CSHB 2166 was adopted. 
          
         Representative Capelo moved that HB 2166, 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; Uresti (6). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Garcia; Shields; Solis, Jim  
                        (3). 
          
         HB 2317 by Rep. Hartnett 
          
         The chair laid out HB 2317 and recognized the author, Rep.  
         Hartnett, to explain. 
            
         (Representative Hinojosa in chair.)   
          
         Testimony was taken.  (See attached witness list.) 
          
         There being no further witnesses, the chair recognized the  
         author to close. 
          
         Representative Deshotel moved that HB 2317 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 Hartnett; Capelo; Deshotel;  
                        Hinojosa; Shields; Uresti (6). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Thompson; Garcia; Solis, Jim  
                        (3). 
          
         HB 2795 by Rep. Naishtat 
          
         The chair laid out HB 2795 and recognized the author, Rep.  
         Naishtat, 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 2795 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 Hartnett; Capelo; Deshotel;  
                
                        Hinojosa; Shields; Uresti (6). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Thompson; Garcia; Solis, Jim  
                        (3). 
          
         HB 3107 by Rep. Longoria 
          
         The chair laid out HB 3107 and recognized the author, Rep.  
         Longoria, to explain. 
          
         The chair moved to leave HB 3107 pending. The bill was left  
         pending without objection.  
          
         HB 3626 by Rep. Naishtat 
          
         The chair laid out HB 3626 and recognized the author, Rep.  
         Naishtat, to explain.   
          
         Testimony was taken.  (See attached witness list.) 
          
         There  being no further witnesses, the chair recognized the  
         author to close. 
          
         The chair moved to leave HB 3626 pending. The bill was left  
         pending without objection.  
          
         HB 3343 by Rep. Naishtat 
          
         The chair laid out HB 3343 and recognized the author, Rep.  
         Naishtat, to explain. 
          
         (Representative Hartnett in chair.)   
          
         Rep. Hartnett, chair, offered and laid out a complete  
         committee substitute. 
          
         Testimony was taken on CSHB 3343.  (See attached witness  
         list). 
          
         The chair moved adoption of the substitute.  There being no  
         objection, CSHB 3343 was adopted. 
          
         Rep. Deshotel moved that HB 3343, as substituted, be reported  
         favorably to the full house with the recommendation that it do  
         pass, be printed and be sent to the Local and Consent  
         Calendars Committee.  The motion prevailed by the following  
         record vote: 
          
         Ayes:          Representatives Hartnett; Capelo; Deshotel;  
                        Shields; Uresti (5). 
         Nays:          None (0). 
         PNV:      None (0). 
         Absent:   Representatives Thompson; Garcia; Hinojosa; Solis of  
                   Cameron (4). 
  
         HB 3632 by Rep. Naishtat 
          
         The chair recalled HB 3632 from subcommittee.   
          
         The chair laid out HB 3632 and recognized the author, Rep.  
         Naishtat, to explain. 
          
         Testimony was taken.  (See attached witness list.) 
          
         There being no further witnesses, the chair moved to leave HB  
         3632 pending. The bill was left pending without objection.  
          
         HB 2822 by Rep. Deshotel 
          
         The chair laid out HB 2822 and recognized the author, Rep.  
         Deshotel, to explain. 
          
         Rep. Deshotel offered a complete committee substitute to HB  
         2822. The chair laid out CSHB 2822. 
          
         Testimony was taken on CSHB 2822.  (See attached witness  
         list.) 
          
         The chair moved to leave CSHB 2822 temporarily pending.  The  
         substitute was left pending without objection. 
          
         (Representative Solis of Cameron in chair.)   
          
         HB 2893 by Rep. Hartnett 
          
         The chair laid out HB 2893 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 2893 pending. The bill was  
         left pending without objection.  
          
         (Representative Hartnett in chair.)   
          
         HB 59 by Rep. Cuellar, HB 600 by Rep. Gallego, HB 639 by Rep.  
         Thompson, HB 1606 by Rep. Thompson, and HB 1004 by Rep. West 
          
         The chair recalled HB 59, HB 600, HB 639 & HB 1606 from  
         subcommittee. 
          
         The chair laid out HB 59, HB 600, HB 639, HB 1606 & HB 1004  
         and explained. 
          
         Testimony was taken on HB 1606.  (See attached witness list.) 
          
         Representative Deshotel moved that HB 1606 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 Hartnett; Capelo; Deshotel;  
                        Solis, Jim; Uresti (5). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Thompson; Garcia; Hinojosa;  
                        Shields (4). 
          
         The chair moved to leave HB 59, HB 600, HB 639 & HB 1004  
         pending. The bills were left pending without objection.  
          
         HB 1176 by Rep. Junell 
          
         The chair laid out HB 1176 and explained.   
          
         The chair moved to leave HB 1176 pending. The bill was left  
         pending without objection.  
          
         HB 3632 by Rep. Hartnett 
          
         The chair laid out HB 3632 as pending business.   
          
         Representative Deshotel moved that HB 3632 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 Hartnett; Capelo; Deshotel;  
                        Solis, Jim; Uresti (5). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Thompson; Garcia; Hinojosa;  
                        Shields (4). 
          
         HB 2822 by Rep. Deshotel 
          
         The chair laid out CSHB 2822 as pending business.   
          
         Rep. Capelo moved adoption of the substitute.  There being no  
         objection, CSHB 2822 was adopted. 
           
         Representative Capelo moved that HB 2822, 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 Hartnett; Capelo; Deshotel;  
                        Solis, Jim; Uresti (5). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Thompson; Garcia; Hinojosa;  
                        Shields (4). 
          
         HB 1176 by Rep. Junell 
          
         The chair laid out HB 1176 as pending business.   
          
         Testimony was taken.  (See attached witness list.) 
          
         Rep. Solis of Cameron offered an amendment to HB 1176.  There  
         being no objection, the chair laid out the committee  
         amendment. 
          
         Rep. Solis of Cameron moved adoption of the amendment.  There  
         being no objection, committee amendment #1 was adopted. 
          
         Representative Solis of Cameron moved that HB 1176, as  
         amended, 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 Hartnett; Capelo; Deshotel;  
                        Solis, Jim; Uresti (5). 
         Nays:          None (0). 
         Present not Voting:      None (0). 
         Absent:        Representatives Thompson; Garcia; Hinojosa;  
                        Shields (4). 
          
         There being no further business, the chair moved that the  
         committee stand adjourned.  There being no objection, the  
         Committee on Judicial Affairs adjourned at 9:54 p.m. 
          
         ______________________________ 
         Senfronia Thompson, Chair 
          
         ______________________________ 
         Milda Mora, Chief Clerk