MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, April 26, 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 26, 1999 in the
Capitol Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis Senator J. E. Brown
Senator Chris Harris Senator Gregory Luna
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 9:00 am. The
following business was transacted.
The following members arrived after the roll was called:
Senator J. E. Brown
Senator Jeff Wentworth
The Chair laid out SB 1860 and recognized the author, Senator
Sibley, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 1860 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that SB 1860 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 HB 1373 and recognized the Senate sponsor,
Senator Sibley, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
The Chair moved that HB 1373 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1373, 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 moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The Chair laid out HB 1254 and recognized the Senate sponsor,
Senator Carona, to explain the bill.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Carona 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.
The Chair moved that CSHB 1254 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1254 do not pass but
that CSHB 1254 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 378 and recognized the author, Senator
Nixon, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 378 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that SB 378 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 886 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 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.
The Chair moved that CSSB 886 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that SB 886 do not pass, but
that CSSB 886 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 1816 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 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.
The Chair moved that CSSB 1816 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that SB 1816 do not pass, but
that CSSB 1816 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 HB 624 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 624 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HB 624 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 HB 869 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 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.
The Chair moved that CSHB 869 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 869 not pass, but that
CSHB 869 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 HB 870 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 870 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HB 870 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 HB 1209 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1209 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1209 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 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 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.
The Chair moved that CSSB 1742 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that SB 1742 not pass, but that
CSSB 1742 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.
At 9:23 am Senator Harris assumed the chair.
The Chair laid out SB 799 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
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.
The Chair moved that CSSB 799 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that SB 799 not pass, but that
CSSB 799 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The Chair laid out SB 1711 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.
The Chair moved that CSSB 1711 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that SB 1711 not pass, but that
CSSB 1711 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 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 221 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 221 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 221 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 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.
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 9:38 am Senator Ellis resumed the chair.
The Chair laid out SB 1623 and recognized the author, Senator
Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1623 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 moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 9:40 am Senator Harris assumed the chair.
The Chair laid out SB 1781 and recognized the author, Senator
Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Fraser 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 1781 do not pass but that CSSB
1781 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.
At 9:41 am Senator Ellis resumed the chair.
The Chair laid out HB 1174 and recognized Senator Harris, in
the absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that HB 1174, 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 Chair laid out SB 764 and recognized Senator Harris, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 764 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1148 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1148 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1167 and recognized the author, Senator
Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1167 be left pending; without
objection, it was so ordered.
At 10:23 am Senator Brown assumed the chair.
The Chair laid out HB 32 and recognized Senator Ellis, in the
absence of the Senate sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that HB 32 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 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 1518 and recognized Senator Ellis, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1518 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 10:29 am Senator Ellis resumed the chair.
The Chair laid out HB 381 and recognized the Senate sponsor,
Senator Truan, to explain the bill.
Senator Brown sent up a committee substitute; the Chair
recognized Senator Truan to explain the difference between the
committee substitute and the bill as filed. Senator Brown
requested unanimous consent to incorporate amendments into the
committee substitute. Witnesses testifying and registering on
the bill are shown on the attached list.
Senator Ellis moved that HB 381 be left pending; without
objection, it was so ordered.
At 10:53 am Senator Brown assumed the chair.
The Chair laid out SB 1432 and recognized Senator Ellis, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1432 be left pending; without
objection, it was so ordered.
At 11:03 am Senator Ellis resumed the chair.
The Chair laid out SB 1863 and recognized the author, Senator
Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth moved that SB 1863 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.
The Chair laid out SB 975 and recognized Senator Brown, in the
absence of the author, to explain the bill.
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
requested unanimous consent to incorporate amendments into the
committee substitute. Senator Brown then moved that the new
committee substitute be adopted.
Senator Brown moved that SB 975 do not pass but that CSSB 975
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.
Senator Wentworth asked for unanimous consent to be shown
voting Aye on the following bills: SB378, SB 799, SB 886, SB
1623, SB 1711, SB 1781, SB 1816, SB 1860, HB 221, HB 624, HB
869, HB 870, HB 1209, HB 1254, HB 1373, and HB 1742; without
objection it was so ordered.
There being no further business, at 11:36 am 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