MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, April 19, 1999
9:00 am
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 Monday, April 19, 1999 in the
Capitol Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis Senator Chris Harris
Senator J. E. Brown
Senator Gregory Luna
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 9:05 am. The
following business was transacted.
The following members arrived after the roll was called:
Senator Chris Harris
Senator J. E. Brown
Senator Jeff Wentworth
The Chair laid out SB 1417 and recognized the author, Senator
Lucio, Jr., to explain the bill.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Lucio, Jr. to explain the difference
between the committee substitute and the bill as filed.
Senator Brown moved adoption of the committee substitute,
without objection, it was so ordered.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1417 do not pass but that CSSB
1417 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 3 ayes, 0 nays, 0 present not voting, and 2 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 685 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed. Senator Brown
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Brown moved that SB 685 be left pending; without
objection, it was so ordered.
At 9:32 am Senator Harris assumed the chair.
The Chair laid out SB 1745 and recognized the author, Senator
Jackson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
At 9:37 am Senator Brown assumed the chair.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that SB 1745, 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 4 ayes, 0 nays,
0 present not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye for SB 1745 so long as it does not change
the outcome of the record vote; without objection it was so
ordered.
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 1567 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1567 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1568 and recognized the author, Senator
West, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1568 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye for SB 1568 so long as it does not change
the outcome of the record vote; without objection it was so
ordered.
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 115 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that HB 115 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye for HB 115 so long as it does not change
the outcome of the record vote; without objection it was so
ordered.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 9:42 am Senator Harris assumed the chair.
The Chair laid out HB 1356 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that HB 1356 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye for HB 1356 so long as it does not change
the outcome of the record vote; without objection it was so
ordered.
The Chair laid out HB 76 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Carona 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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that HB 76 do not pass but that CSHB
76 be reported back to the Senate with the recommendation that
it do pass and be printed. The motion carried with a vote of
4 ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye for HB 76 so long as it does not change
the outcome of the record vote; without objection it was so
ordered.
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 SB 1831 and recognized the author, Senator
Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown moved that SB 1831 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye for SB 1831 so long as it does not change
the outcome of the record vote; without objection it was so
ordered.
Senator Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 778 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Wentworth moved that HB 778 be reported favorably to
the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 4 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Harris asked for unanimous consent that Senator Ellis
be shown voting Aye for HB 778 so long as it does not change
the outcome of the record vote; without objection it was so
ordered.
At 10:08 am Senator Ellis resumed the chair.
The Chair laid out SB 1388 and recognized the author, Senator
Shapleigh, to explain the bill.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Shapleigh to explain the difference between
the committee substitute and the bill as filed. Senator Brown
moved adoption of the committee substitute, without objection,
it was so ordered.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1388 do not pass but that CSSB
1388 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 4 ayes, 0 nays, 0 present not voting, and 1 absent.
The Chair laid out SB 1739 and recognized the author, Senator
Harris, to explain the bill.
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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1739 do not pass but that CSSB
1739 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 4 ayes, 0 nays, 0 present not voting, and 1 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 1814 and recognized the author, Senator
Harris, to explain the bill.
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 sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Harris requested unanimous consent to incorporate
amendments into the committee substitute. Senator Harris then
moved that the new committee substitute be adopted. Senator
Harris moved that SB 1814 do not pass but that CSSB 1814 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 4
ayes, 0 nays, 0 present not voting, and 1 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 629 and recognized Senator Harris, in
the absence of the author, to explain the bill.
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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 629 do not pass but that CSSB 629
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 4
ayes, 0 nays, 0 present not voting, and 1 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 1025 and recognized the author, Senator
Harris, to explain the bill.
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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1025 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1742 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1742 be left pending; without
objection, it was so ordered.
The Chair laid out SB 975 and recognized the author, Senator
Armbrister, to explain the bill.
Senator Ellis sent up a committee substitute; the Chair
recognized Senator Armbrister 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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 975 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1394 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Brown sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Brown moved that SB 1394, 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 3 ayes, 0 nays, 0
present not voting, and 2 absent.
Senator Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The subcommittee report on SB 207 was laid out by Senator
Harris.
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 207 do not pass but that CSSB 207
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 3
ayes, 0 nays, 1 present not voting, and 1 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The subcommittee report on SB 208 was laid out by Senator
Harris.
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 Ellis moved that SB 208 be left pending; without
objection, it was so ordered.
The Chair laid out SB 915 and recognized the author, 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 Ellis moved that SB 915 be left pending; without
objection, it was so ordered.
At 10:50 am Senator Brown assumed the chair.
The Chair laid out HB 688 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 688 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 4 ayes, 0 nays, 0 present
not voting, and 1 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out HB 251 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 251 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 0 present
not voting, and 2 absent.
The Chair laid out SB 1719 and recognized the author, Senator
Ellis, to explain the bill.
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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1719 do not pass but that CSSB
1719 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
vote of 3 ayes, 0 nays, 0 present not voting, and 2 absent.
Senator Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SJR 43 and recognized the author, Senator
Ellis, to explain the bill.
Senator Ellis sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SJR 43 be left pending; without
objection, it was so ordered.
At 11:03 am Senator Ellis resumed the chair.
There being no further business, at 11:07 am Senator Ellis
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
The Chair called the meeting back to order at 3:45 pm. A
quorum being present, the following business was transacted.
Senator Harris was recognized on SB 1567.
Senator Harris moved that SB 1567 be reported favorably to the
Senate with the recommendation that it do pass and be printed.
The motion carried with a vote of 3 ayes, 0 nays, 0 present
not voting, and 2 absent.
Senator Harris moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Brown was recognized on SB 685.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed. Senator Brown
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Brown moved that SB 685 do not pass but that CSSB 685
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 4
ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
There being no further business, at 3:48 pm Senator Ellis
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
______________________
Senator Rodney Ellis, Chair
______________________
Kenneth Besserman, Clerk