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