MINUTES SENATE COMMITTEE ON JURISPRUDENCE Monday, March 26, 2001 1:30 p.m. or upon adjournment Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Jurisprudence was held on Monday, March 26, 2001, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Royce West None Senator David Bernsen Senator J. E. Brown Senator Robert Duncan Senator Rodney Ellis Senator Mike Jackson Senator Jeff Wentworth ***** The chair called the meeting to order at 2:27 p.m. There being a quorum present, the following business was transacted: The following members arrived after the roll was called: Senator J. E. Brown Senator Robert Duncan Senator Jeff Wentworth Senator Jackson moved adoption of the minutes from the previous hearing held on March 19, 2001; without objection, it was so ordered. The chair laid out SB242 and recognized the author, Senator Shapleigh, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Shapleigh 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB242 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bernsen moved that SB242 do not pass but that CSSB242 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. The chair laid out SB277 and recognized the author, Senator Harris, to explain the bill. There was no public testimony on the bill. A committee substitute for this bill was adopted at the hearing on March 5, 2001. Senator Bernsen moved that SB277 do not pass but that CSSB277 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent. Senator Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB1199 and recognized the author, Senator Barrientos, to explain the bill. There was no public testimony on the bill. Senator West moved that SB1199 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Ellis moved that SB1199 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 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 SB653 and recognized the author, Senator Staples, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending. The chair laid out SB1000 and recognized the author, Senator Jackson, to explain the bill. Senator Jackson sent up a committee substitute; the chair recognized Senator Jackson to explain the difference between the committee substitute and the bill as filed. Witnesses testifying and registering on the bill are shown on the attached list. Senator West moved that SB1000 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Jackson moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that SB1000 do not pass but that CSSB1000 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. The chair laid out SB102 and recognized the author, Senator Nelson, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB102 be left pending; by non-record vote, it was so ordered. At 3:52 p.m. Senator Jackson assumed the chair. The chair laid out SB1209 and recognized the author, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB1209 be left pending; by non-record vote, it was so ordered. The chair laid out SB1421 and recognized the author, Senator West, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB1421 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. The chair laid out SB1210 and recognized the author, Senator West, to explain the bill. Senator West sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as filed. Senator West sent up Committee Amendment 2. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. The chair moved that SB1210 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved adoption of the committee amendment; without objection, it was so ordered. Senator West moved that the amendment be rolled into the committee substitute; without objection, it was so ordered. Senator West moved that SB1210 do not pass but that CSSB1210, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. The chair laid out SB1584 and recognized the author, Senator Van de Putte, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair laid out SB1585 and recognized the author, Senator Van de Putte, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. At 5:53 p.m. Senator West resumed the chair. At 6:10 p.m. Senator Bernsen assumed the chair. At 6:15 p.m. Senator West resumed the chair. At 6:39 p.m. the chair moved to table SB1584 and SB1585 to take up SCR1 and SB1223. Without objection it was so ordered. The chair laid out SCR1 and recognized the author, Senator Wentworth, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB1223 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Wentworth moved that SCR1 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 4 ayes, 0 nay, 1 present not voting, and 2 absent. At 6:46 Senator Bernsen assumed the chair. The chair laid out SB1223 and recognized the author, Senator West, to explain the bill. Senator West sent up a committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as filed. Senator West sent up Committee Amendment 1. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that the public testimony be closed; without objection, it was so ordered. At 6:50 p.m. Senator West resumed the chair. The chair moved that the Committee stand at ease to await a quorum. Without objection, it was so ordered. At 6:52 p.m. Senator Bernsen assumed the chair. Senator West moved adoption of the committee substitute for SB1223; without objection, it was so ordered. Senator West moved adoption of amendment 1 for SB 1223; without objection, the amendment was adopted. Senator West moved that the amendment be rolled into the committee substitute; without objection, it was so ordered. Senator West moved that SB1223 do not pass but that CSSB1223, as amended, be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 5 ayes, 0 nay, 0 present not voting, and 2 absent. At 6:55 p.m. Senator West resumed the chair. At 6:57 p.m. the chair recalled SB1584 and SB1585. The Committee continued to hear testimony on both SB1584 and SB1585. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator West moved that SB1584 be left pending; without objection, it was so ordered. Senator West moved that SB1585 be left pending; without objection, it was so ordered. There being no further business, at 7:40 p.m. Senator West moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. ______________________ Senator Royce West, Chair ______________________ Stephanie Hoover, Clerk