MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, May 3, 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, May 3, 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 9:30 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 HB 1324 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.
Senator Ellis moved that HB 1324 be left pending; without
objection, it was so ordered.
The Chair laid out SB 1479 and recognized the author, Senator
Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 1479 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.
The Chair laid out SB 920 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.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that SB 920 do not pass but that CSSB 920
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 662 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 Ellis moved that HB 662 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2353 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Senator Harris 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 Harris moved that HB 2353, 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 1622 and recognized the Senate sponsor,
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 requested unanimous consent to incorporate amendments
into the committee substitute. Senator Harris then moved that
the new committee substitute be adopted.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris moved that HB 1622 do not pass but that CSHB
1622 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 3271 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 3271 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.
The Chair laid out HB 2846 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 Wentworth sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that HB 2846, 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 2439 and recognized the Senate sponsor,
Senator Harris, to explain the bill.
Senator Harris moved that HB 2439 be left pending; without
objection, it was so ordered.
The Chair laid out HB 381 and recognized Senator Harris, in
the absence of the Senate sponsor, 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 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 HB 381 do not pass but that CSHB 381
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 915 and recognized the author, Senator
Wentworth, 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
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Wentworth moved that SB 915 do not pass but that CSSB
915 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, 1 nay, 0 present not voting, and 1 absent.
Senator Harris asked for unanimous consent to be shown voting
with the Chair on the remaining bills in committee; without
objection it was so ordered.
Senator Brown was recognized on SB 1432.
Senator Brown moved to reconsider the committee vote on SB
1432; without objection it was so ordered.
Senator Brown explained the reason for reopening the vote on
SB 1432.
Senator Ellis moved that SB 1432 be left pending; without
objection, it was so ordered.
The Chair laid out HB 819 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Moncrief 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 Wentworth moved that HB 819 do not pass but that CSHB
819 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 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 1411 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Moncrief to explain the difference between
the committee substitute and the bill as filed. Senator
Wentworth requested unanimous consent to incorporate
amendments into the committee substitute. Senator Wentworth
then moved that the new committee substitute be adopted.
Senator Wentworth moved that HB 1411 do not pass but that CSHB
1411 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 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 1462 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill. Senator Wentworth 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 Wentworth moved that HB 1462, 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
Senator Wentworth was recognized on SB 59, by Senator Duncan,
left pending from a previous hearing.
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 Wentworth moved that SB 59 do not pass but that CSSB
59 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.
At 10:45 am Senator Wentworth assumed the chair.
The Chair laid out HB 1141 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 1141 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
At 10:47 am Senator Ellis resumed the chair.
The Chair laid out HB 2442 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 2442 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.
Senator Brown asked for unanimous consent ot be shown voting
Aye on CSHB 1622 and the amendment to CSHB 1622; without
objection it was so ordered.
There being no further business, at 10:55 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 2:57 pm.
The Chair laid out HB 662 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Senator Wentworth
sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted.
Senator Wentworth moved that HB 662, 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 Wentworth 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 2:58 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