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