MINUTES 
                                           
                         SENATE COMMITTEE ON JURISPRUDENCE 
                              Tuesday, April 17, 2001 
                           1:00 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 Tuesday, April 17, 2001, in the Capitol Extension,  
         Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Royce West                      Senator J. E. Brown 
         Senator David Bernsen 
         Senator Robert Duncan 
         Senator Rodney Ellis 
         Senator Mike Jackson 
         Senator Jeff Wentworth 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 3:26 p.m.  The  
         following business was transacted:   
          
         The chair laid out SB56 and recognized the author, Senator  
         Zaffirini, to explain the bill.  Senator Ellis 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.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Ellis moved that SB56, 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.  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 SB57 and recognized the author, Senator  
         Zaffirini, 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 Wentworth moved that SB57  
         be reported favorably 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.   
         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 SB58 and recognized the author, Senator  
         Zaffirini, to explain the bill.  Senator Ellis 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.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Ellis moved that SB58, 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.  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 SB59 and recognized the author, Senator  
         Zaffirini, 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 chair moved that SB59 be left  
         pending; without objection, it was so ordered.     
          
         The clerk called the roll.  There was a quorum present. 
          
         Senator Ellis moved adoption of the minutes from the previous  
         hearing held on April 9, 2001; without objection, it was so  
         ordered.   
          
         The chair announced that votes on the bills would be taken at  
         5:00 p.m.  
          
         The chair laid out HB360 and recognized the Senate sponsor,  
         Senator Zaffirini, to explain the bill.  There was no public  
         testimony on the bill.  Senator Ellis moved that HB360 be  
         reported favorably 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.  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 SB1064 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.  Senator Jackson moved that SB1064  
         be reported favorably 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 3:54 p.m. Senator Bernsen assumed the chair.    
          
         The chair laid out SB1569 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 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 SB1569 do  
         not pass but that CSSB1569 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 HB769 and recognized the Senate sponsor,  
         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 HB769 be  
         reported favorably 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.  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 HB919 and recognized the Senate sponsor,  
         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 HB919 be  
         reported favorably 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 4:12 p.m. Senator West resumed the chair.   
          
         The chair laid out SB700 and recognized Senator Bernsen, in the  
  
         absence of the author, to explain the bill.  Senator Bernsen  
         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.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Ellis moved that SB700,  
         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.  Senator Ellis moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 4:20 p.m. Senator Bernsen assumed the chair.   
          
         The chair laid out HB536 and recognized the Senate sponsor,  
         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 Wentworth moved that  
         HB536 be reported favorably 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.  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 HB537 and recognized the Senate sponsor,  
         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 Wentworth moved that  
         HB537 be reported favorably 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.  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 HB538 and recognized the Senate sponsor,  
         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 Wentworth moved that  
         HB538 be reported favorably 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.  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 HB1083 and recognized 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 the public testimony be  
         closed; without objection, it was so ordered.  Senator Wentworth  
         moved that HB1083 be reported favorably 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.  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 SB869 and recognized Senator Wentworth, in  
         the absence of the author, 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.  The chair moved that the  
         public testimony be closed; without objection, it was so  
  
         ordered.  Senator Wentworth moved that SB869 do not pass but  
         that CSSB869 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.  Senator Wentworth moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         At 4:31 p.m. the chair moved that the committee stand recessed  
         until 5:00 p.m; without objection, it was so ordered.   
          
         At 5:10 p.m. Senator West called the meeting to order.  
          
         At 5:17 p.m. Senator Wentworth assumed the chair.   
          
         At 5:20 p.m. Senator West resumed the chair.   
          
         The chair laid out SB638 and recognized the author, Senator  
         Barrientos, to explain the bill.  Senator Ellis sent up a  
         committee substitute; the chair recognized Senator Barrientos 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 the public testimony be closed;  
         without objection, it was so ordered.  Senator Ellis moved that  
         SB638 do not pass but that CSSB638 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 SB1369 and recognized the author, Senator Van  
         de Putte, to explain the bill.  Senator Wentworth sent up a  
         committee substitute; the chair recognized Senator Van de Putte  
         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.  The chair moved  
         that SB1369 be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out SB1292 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 moved that the public testimony be closed; without  
         objection, it was so ordered.  The chair moved that SB1292 be  
         left pending; without objection, it was so ordered.   
          
         There was no action taken on SB1621. 
          
         There being no further business, at 5:46 p.m. The chair 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