MINUTES SENATE COMMITTEE ON JURISPRUDENCE Monday, April 23, 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, April 23, 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 1:40 p.m. The following business was transacted: At 1:40 p.m. Senator Jackson assumed the chair. The chair laid out HB317 and recognized the Senate sponsor, Senator West, to explain the bill. There was no public testimony on the bill. Senator West moved that HB317 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB317 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 HB899 and recognized the Senate sponsor, 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. 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. Upon arrival of a quorum, Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that HB899 do not pass but that CSHB899 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 SB1436 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. 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. Upon arrival of a quorum, Senator West moved adoption of the committee substitute; without objection, it was so ordered. Senator West moved that SB1436 do not pass but that CSSB1436 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 1:55 p.m. Senator West resumed the chair. At 1:55 p.m. the clerk called the roll. There was a quorum present. Senator Brown moved adoption of the minutes from the previous hearing held on April 17, 2001; without objection, it was so ordered. At 1:56 p.m. Senator Jackson assumed the chair. At 2:00 p.m. Senator West resumed the chair. The chair laid out SB1621 and recognized the author, Senator Barrientos, to explain the bill. There was no public testimony on the bill. Senator Duncan sent up a committee substitute; the chair recognized Senator Barrientos to explain the difference between the committee substitute and the bill as filed. Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. Senator Duncan moved that SB1621 do not pass but that CSSB1621 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB1790 and recognized the author, Senator Haywood, to explain the bill. There was no public testimony on the bill. Senator Duncan moved that SB1790 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. 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 HB2428 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 the public testimony be closed; without objection, it was so ordered. Senator Bernsen moved that HB2428 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB1434 and recognized Senator Brown, in the absence of the author, 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 Brown moved that SB1434 be reported favorably 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 Brown moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB898 and recognized the Senate sponsor, Senator Brown, 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 Brown moved that HB898 be reported favorably 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 Brown moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB62 and recognized the Senate sponsor, Senator Shapleigh, 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 HB62 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1979 and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. There was no public testimony on the bill. Senator Bernsen moved that HB1979 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB2275 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 HB2275 be reported favorably 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1132 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. Senator Bernsen sent up a committee substitute; the chair recognized Senator Bernsen to explain the difference between the committee substitute and the bill as filed. Senator Bernsen 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 Bernsen moved that HB1132 do not pass but that CSHB1132 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1369 and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. There was no public testimony on the bill. Senator Bernsen 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. Senator Wentworth moved that HB1369 do not pass but that CSHB1369 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 SB548 and recognized Senator Bernsen, in the absence of the author, 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 Bernsen moved that SB548 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion failed by a record vote of 1 aye, 0 nay, 5 present not voting, and 1 absent. The bill was left pending. The chair laid out HB997 and recognized the Senate sponsor, Senator Harris, to explain the bill. There was no public testimony on the bill. Senator Bernsen moved that HB997 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1634 and recognized the Senate sponsor, Senator Harris, to explain the bill. There was no public testimony on the bill. Senator Wentworth moved that HB1634 be reported favorably 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1632 and recognized the Senate sponsor, Senator Harris, to explain the bill. There was no public testimony on the bill. Senator Brown moved that HB1632 be reported favorably 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 Brown moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1719 and recognized the Senate sponsor, Senator Harris, to explain the bill. Senator Jackson sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. Senator Jackson 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 HB1719 be left pending; without objection, it was so ordered. At 3:10 p.m. Senator Wentworth assumed the chair. At 3:19 p.m. Senator West resumed the chair. At 3:35 p.m. Senator Brown assumed the chair. At 3:52 p.m. Senator West resumed the chair. There was no action taken on the following bills: SB719 SB 1292 SB1417 SB1584 SB1585 SB1787 There being no further business, at 4:35 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