MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, May 12, 1999
1:00 pm
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Jurisprudence was held on Wednesday, May 12, 1999 in the
Capitol Extension, Room E1.028, 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 1:15 pm. The
following business was transacted.
The following members arrived after the roll was called:
Senator Chris Harris
Senator Jeff Wentworth
The Chair laid out HB 3276 and recognized the Senate sponsor,
Senator Sibley, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 3276 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 3276 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.
At 1:17 pm, the Chair recessed the meeting.
At 2:00 pm, Senator Harris called the meeting back to order.
The Chair laid out HB 3174 and recognized the Senate sponsor,
Senator Shapiro, to explain the bill. Witnesses testifying
and registering on the bill are shown on the attached list.
The Chair moved that HB 3174 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 3174 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.
At 2:06 pm, the Chair recessed the meeting.
At 2:15 pm, the Chair called the meeting back to order.
The Chair laid out HB 1337 and recognized Laura Reed, staffer
for Senator Madla, in the absence of the Senate sponsor, to
explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1337 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1337 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 HB 2421 and recognized Laura Reed, staffer
for Senator Madla, 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 a committee substitute; the Chair
recognized Laura Reed 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 HB 2421 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2421 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 HB 374 and recognized the Senate sponsor,
Senator Lindsay, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 374 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HB 374 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 HB 1322 and recognized Billy Phenix,
staffer for Senator Brown, 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 a committee substitute; the Chair
recognized Billy Phenix 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 HB 1322 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1322 not pass, but that
CSHB 1322 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 HB 2059 and recognized Billy Phenix,
staffer for Senator Brown, in the absence of the Senate
sponsor, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2059 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 2059 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 HB 1607 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 sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. The
Chair moved that HB 1607 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Ellis moved that HB 1607 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 HB 524 and recognized the Senate sponsor,
Senator Nixon, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 524 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HB 524 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 HB 400 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 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.
Senator Ellis requested unanimous consent to incorporate
amendments into the committee substitute; without objection,
it was so ordered. Senator Ellis then moved that the new
committee substitute be adopted; without objection, it was so
ordered. Senator Ellis moved that CSHB 400 be left pending;
without objection, it was so ordered.
The Chair laid out HB 1167 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 1167 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2186 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 2186 be left pending; without
objection, it was so ordered.
The Chair laid out HB 900 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 900 be left pending; without
objection, it was so ordered.
At 2:38 pm, the Chair recessed the meeting.
At 2:45 pm, the Chair called the meeting back to order.
The Chair laid out HB 3001 and recognized the Senate sponsor,
Senator Cain, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 3001 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 3001 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 HB 3093 and recognized Melisa Juarez,
staffer for 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.
The Chair moved that HB 3093 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved that HB 3093 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 HB 918 and recognized ML Stewart, staffer
for Senator Wentworth, 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. The
Chair moved that HB 918 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Wentworth moved that HB 918, 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.
The Chair laid out HB 2456 and recognized ML Stewart, staffer
for Senator Wentworth, in the absence of the Senate sponsor,
to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2456 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved that HB 2456 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 3499 and recognized ML Stewart, staffer
for Senator Wentworth, in the absence of the Senate sponsor,
to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Upon the return of Senator Wentworth, he moved that HB 3499
be left pending; without objection, it was so ordered.
The Chair laid out HB 1921 and recognized Kelli Bergen,
staffer for Senator Bivins, 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 a committee substitute; the Chair
recognized Kelli Bergen 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 HB 1921 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1921 not pass, but that
CSHB 1921 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.
At 2:58 pm, the Chair recessed the meeting.
At 3:12 pm, the Chair called the meeting back to order.
The Chair laid out HB 269 and recognized Tom Marshall, staffer
for 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.
The Chair moved that HB 269 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HB 269 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 HB 1583 and recognized Tom Marshall,
staffer for 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.
The Chair moved that HB 1583 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Harris moved that HB 1583 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.
At 3:15 pm, the Chair recessed the meeting.
At 4:25 pm, the Chair called the meeting back to order.
Senator Harris announced that HB 1461 would not be heard today
to allow the parties involved in the bill to meet and discuss
the issue.
At 4:25 pm Senator Wentworth assumed the chair.
The Chair laid out HJR 16 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 HJR 16 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HJR 16 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.
The Chair laid out HB 145 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 145 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Harris moved that HB 145 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 HB 1884 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 Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that HB 1884, 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.
The Chair laid out HB 2691 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 2691 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2441, left pending from and recognized
the Senate sponsor, Senator Ellis, to explain the bill.
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 sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted.
Senator Harris sent up Committee Amendment 4 and moved
adoption; without objection, the amendment was adopted.
Senator Harris sent up Committee Amendment 5 and moved
adoption; without objection, the amendment was adopted.
Senator Ellis moved that HB 2441, 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 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 2653, left pending from a previous
hearing, and recognized the Senate sponsor, Senator Ellis, to
explain the bill.
Senator Ellis moved that HB 2653 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.
At 4:52 pm Senator Ellis assumed the chair.
There being no further business, at 4:55 pm 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 2:24 pm on
Thursday, May 13, 1999 at Senator Harris' desk. There being a
quorum present the following business was transacted.
The Chair recognized Senator Harris on HB 900 left pending
from May 12.
Senator Harris moved that HB 900 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 recognized Senator Harris on HB 2186, left pending
from May 12.
Senator Harris moved that HB 2186 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.
There being no further business, at 2:25 pm, May 13, 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