The House Committee on Judicial Affairs 77th Legislature March 12, 2001 2:00 p.m. or upon final adjourn./recess Capitol Extension, E2.028 Pursuant to a notice posted on March 6, 2001, the House Committee on Judicial Affairs met in a public hearing and was called to order by the chair, Representative Thompson, at 2:14 p.m. The roll was answered as follows: Present: Representatives Thompson; Hartnett; Deshotel; Talton; Uresti (5). Absent: Representatives Capelo; Garcia; Hinojosa; Solis, Jim (4). A quorum was present. HB 1041, HB 1791, HB 2314, HB 1979 The chair laid out HB1791, HB 2314, HB 1979. (Representative Solis, Jim now present.) The chair recognized Representative Kuempel to explain HB 1791. Testimony was taken on HB 1791. (See attached witness list.) The chair recognized Representative Kuempel to close on the measure. Representative Solis, Jim moved that HB 1791, without amendments, 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 record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Solis, Jim; Talton; Uresti (6). Nays: None (0). Present, Not Voting: None (0). Absent: Representatives Capelo; Garcia; Hinojosa (3). The chair recognized Representative Chavez to explain HB 1979. Representative Deshotel offered a complete committee substitute. Testimony was taken. (See attached witness list.) (Representative Garcia now present.) (Representative Capelo now present.) The chair recognized Representative Chavez to close on the measure. Representative Capelo moved to adopt the substitute. The committee substitute to HB 1979 was adopted without objection. Representative Capelo moved that HB 1979, 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 record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Garcia; Solis, Jim; Talton; Uresti (7). Nays: None (0). Present, Not Voting: None (0). Absent: Representatives Deshotel; Hinojosa (2). The chair recalled HB 1041 from subcommittee. The chair laid out HB 1041 and recognized Representative Smith to explain HB 1041. Testimony was taken. (See attached witness list.) Representative Garcia offered an amendment to HB 1041. Amendment #1 was adopted without objection. Representative Thompson moved that HB 1041, 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 record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Garcia; Solis, Jim; Talton; Uresti (7). Nays: None (0). Present, Not Voting: None (0). Absent: Representatives Deshotel; Hinojosa (2). The chair explained HB 2314. Testimony was taken on HB 2314. (See attached witness list.) Representative Uresti moved that HB 2314, without amendments, 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 record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Garcia; Solis, Jim; Talton; Uresti (7). Nays: None (0). Present, Not Voting: None (0). Absent: Representatives Deshotel; Hinojosa (2). HB 1256 The chair laid out HB 1256. The chair recognized Representative Ellis, Dan to explain the measure. Testimony was taken. (See attached witness list.) Representative Talton moved to leave HB 1256 pending. The bill was left pending without objection. HB 2053 The chair laid out HB 2053. The chair recognized Representative Clark to explain the measure. Testimony was taken. (See attached witness list.) Representative Deshotel moved that HB 2053, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Solis, Jim; Talton; Uresti (6). Nays: Representative Garcia (1). Present, Not Voting: None (0). Absent: Representatives Capelo; Hinojosa (2). HB 1037 The chair recalled HB 1037 from subcommittee. The chair laid out HB 1037 and explained. Testimony was taken. (See attached witness list.) (Representative Hartnett in chair.) Representative Hartnett offered a complete committee substitute. The committee substitute was adopted without objection. The chair recognized Representative Thompson to close on the measure. Representative Deshotel moved that HB 1037, 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 record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Solis, Jim; Talton; Uresti (7). Nays: None (0). Present, Not Voting: None (0). Absent: Representatives Garcia; Hinojosa (2). (Representative Thompson in chair.) HB 1287 The chair moved to reconsider the vote by which HB 1287, as substituted, was reported from committee on March 5th. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Solis, Jim; Uresti (6). Nays: Representative Talton (1). Present, Not Voting: None (0). Absent: Representatives Garcia; Hinojosa (2). The chair moved to reconsider the vote by which the committee substitute to HB 1287 was adopted. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Solis, Jim; Uresti (6). Nays: Representative Talton (1). Present, Not Voting: None (0). Absent: Representatives Garcia; Hinojosa (2). The chair laid out HB 1287. Representative Deshotel offered an amendment to the measure. The chair laid out amendment #1 and recognized Representative Deshotel to explain the amendment. Representative Thompson moved adoption of amendment #1. Amendment #1 was adopted without objection. Representative Solis offered an amendment to the measure. The chair laid out amendment #2 and explained. Representative Thompson moved adoption of amendment #2. Amendment #2 was adopted without objection. Representative Uresti offered an amendment to the measure. The chair laid out amendment #3 and explained. Representative Thompson moved adoption of amendment #3. Amendment #3 was adopted without objection. Representative Capelo offered an amendment to the measure. The chair laid out amendment #4 and explained. Representative Thompson moved adoption of amendment #4. Amendment #4 was adopted without objection. Representative Thompson offered an amendment to the measure, laid out amendment #5 and explained. Representative Thompson moved adoption of amendment #5. The motion prevailed by the following: Ayes: Representatives Thompson; Capelo; Deshotel; Solis, Jim; Uresti (5). Nays: Representative Talton (1). Present, Not Voting: Hartnett (1). Absent: Representatives Garcia; Hinojosa (2). The chair directed the staff to incorporate the adopted amendments into a committee substitute. Representative Deshotel offered the new substitute. The chair laid out CSHB 1287. Representative Deshotel moved adoption of CSHB 1287. CSHB 1287 was adopted without objection. Representative Solis, Jim moved that HB 1287, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote: Ayes: Representatives Thompson; Hartnett; Capelo; Deshotel; Solis, Jim; Uresti (6). Nays: Representative Talton (1). Present, Not Voting: None (0). Absent: Representatives Garcia; Hinojosa (2). HB 923 The chair recalled HB 923 from subcommittee. The chair laid out HB 923 and recognized Representative Hartnett to explain the measure. Representative Thompson offered a complete committee substitute and recognized Representative Hartnett to explain the substitute. Representative Thompson moved adoption of the committee substitute. CSHB 923 was adopted without objection. Representative Uresti moved that HB 923, 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 record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Solis, Jim; Talton; Uresti (6). Nays: None (0). Present, Not Voting: None (0). Absent: Representatives Capelo; Garcia; Hinojosa (3). HB 628 The chair recalled HB 628 from subcommittee. The chair laid out HB 628 and recognized Representative Naishtat to explain the measure. Representative Deshotel offered a complete committee substitute. Testimony was taken. (See attached witness list.) The chair recognized Representative Naishtat to close on the measure. CSHB 628 was temporarily left pending without objection. HB 1073 The chair laid out HB 1073. The chair recognized Representative Farabee to explain the measure. Testimony was taken. (See attached witness list.) The bill was left pending without objection. HB 628 The chair laid out CSHB 628 as pending business and moved adoption of the substitute. CSHB 628 was adopted without objection. Representative Uresti moved that HB 628, 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 record vote: Ayes: Representatives Thompson; Hartnett; Deshotel; Solis, Jim; Talton; Uresti (6). Nays: None (0). Present, Not Voting: None (0). Absent: Representatives Capelo; Garcia; Hinojosa (3). The chair referred the following directly bills to subcommittee: Subcommittee on Probate Hartnett, Chair; Garcia; Talton HB 2716 by Maxey Subcommittee on Local Courts HB 1355 by Berman Subcommittee on District Courts Thompson, Chair; Hartnett; Hinojosa; Capelo; Deshotel HB 2023 by Hinojosa HB 2472 by Homer There being no further business, the chair moved that the committee stand adjourned. There being no objection, the Committee on Judicial Affairs adjourned at 3:39 p.m. ____________________________ Senfronia Thompson _____________________________ Milda Mora