MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, April 30, 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 30, 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 1:45 p.m. The
following business was transacted:
The chair laid out HB1365 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. 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 Jackson moved adoption of the
committee substitute; without objection, it was so ordered. The
chair moved that HB1365 be left pending; without objection, it
was so ordered.
The clerk called the roll. There was a quorum present.
Senator Bernsen moved adoption of the minutes from the previous
hearing held on April 23, 2001; without objection, it was so
ordered.
The chair laid out HB1245 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Brown sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator Jackson amended Amendment 1 and
moved adoption; without objection, the amendment was amended.
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 HB1245, 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 6 ayes, 0 nay, 0 present
not voting, and 1 absent.
The chair laid out HB438 and recognized the Senate sponsor,
Senator Moncrief, 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
HB438 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 Wentworth moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB1233 and recognized the Senate sponsor,
Senator Moncrief, 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 HB1233
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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out HB591 and recognized the Senate sponsor,
Senator Harris, 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 HB591 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
Wentworth moved that the bill be recommended for placement on
the Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB593 and recognized the Senate sponsor,
Senator Harris, 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
HB593 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 Wentworth moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB594 and recognized the Senate sponsor,
Senator Harris, to explain the bill. There was no public
testimony on the bill. Senator Brown moved that HB594 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
Brown moved that the bill be recommended for placement on the
Local & Uncontested Calendar; without objection, it was so
ordered.
The chair laid out HB689 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. The chair moved that HB689 be
left pending; without objection, it was so ordered.
At 3:00 p.m. Senator Duncan assumed the chair.
The chair laid out HB1118 and recognized the Senate sponsor,
Senator West, to explain the bill. Senator West sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. Senator West sent up Committee Amendment
2 and moved adoption; without objection, the amendment was
adopted. Senator West sent up Committee Amendment 3 and moved
adoption; without objection, the amendment was adopted. Senator
West pulled down Committee Amendment 3; without objection, the
amendment was pulled down. Senator West sent up Committee
Amendment 4 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 West moved that HB1118 be left pending; without
objection, it was so ordered.
At 3:15 p.m. Senator West resumed the chair.
The chair laid out HB80 and recognized the Senate sponsor,
Senator Sibley, 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 HB80 be left
pending; without objection, it was so ordered.
The chair laid out SB1417 and recognized the author, Senator
Lindsay, to explain the bill. Senator Jackson sent up a
committee substitute; the chair recognized Senator Lindsay 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 Jackson moved
that SB1417 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 Ellis moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB2381 and recognized Senator Ellis 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 Ellis moved that HB2381 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 Ellis moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB2158 and recognized Senator Ellis 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 Ellis moved that HB2158 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 Ellis moved
that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB1266 and recognized the Senate sponsor,
Senator Ellis, 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 Ellis moved that HB1266
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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB2610 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 HB2610
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 Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB2621 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 HB2621
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 Brown moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out SB1787 and recognized the author, Senator
Duncan, to explain the bill. There was no public testimony on
the bill. Senator Duncan moved that SB1787 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 Duncan
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out SB801 and recognized the author, Senator
Duncan, to explain the bill. Senator Duncan sent up a committee
substitute; the chair recognized Senator Duncan 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. 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
SB801 do not pass but that CSSB801 be reported back 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, 0
present not voting, and 3 absent.
The chair laid out HB822 and recognized Senator Ellis 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 Ellis sent up a committee substitute; the chair
recognized Senator Ellis 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. Senator Ellis moved that HB822 do not pass but that
CSHB822 be reported back 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, 0 present not voting, and 3
absent. Senator Ellis moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
At 4:03 p.m. Senator Bernsen assumed the chair.
At 4:05 p.m. Senator West resumed the chair.
The chair laid out HB1876 and recognized the Senate sponsor,
Senator Jackson, 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 HB1876
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, 0 present not voting, and 3 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 HB2299 and recognized the Senate sponsor,
Senator Jackson, 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 HB2299
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, 0 present not voting, and 3 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 HB1376 and recognized Senator Bernsen, in the
absence of the Senate sponsor, to explain the bill. There was
no public testimony on the bill. Senator Bernsen moved that
HB1376 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, 0 present not
voting, and 3 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 HB1452 and recognized Senator Bernsen, in the
absence of the Senate sponsor, to explain the bill. There was
no public testimony on the bill. Senator Bernsen moved that
HB1452 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, 0 present not
voting, and 3 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 SB1585 and recognized Senator Bernsen, in the
absence of the author, 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. Senator Jackson moved
adoption of the committee substitute; without objection, it was
so ordered. Senator Jackson moved that SB1585 do not pass but
that CSSB1585 be reported back 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, 0 present not
voting, and 3 absent. Senator Ellis moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
There being no further business, at 4:22 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