MINUTES SENATE COMMITTEE ON JURISPRUDENCE Monday, May 7, 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, May 7, 2001, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Royce West Senator Rodney Ellis Senator David Bernsen Senator J. E. Brown Senator Robert Duncan Senator Mike Jackson Senator Jeff Wentworth ***** The chair called the meeting to order at 3:52 p.m. The following business was transacted: At 3:52 p.m. Senator Bernsen assumed the chair. The chair laid out HB59 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. The chair moved that HB59 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB59 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB176 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. Upon arrival of a quorum, Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator West moved that HB176, 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 4 ayes, 0 nay, 0 present not voting, and 3 absent. The chair laid out HB178 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. The chair moved that HB178 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB178 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB363 and recognized Senator West, 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 laid out HCR104 and recognized the Senate sponsor, Senator Barrientos, 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 HCR104 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bernsen moved that HCR104 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 HB952 and recognized Senator West, 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. The chair moved that HB952 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Wentworth moved that HB952 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1015 and recognized Senator West, in the absence of the Senate sponsor, to explain the bill. There was no public testimony on the bill. The chair moved that HB1015 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bernsen moved that HB1015 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB3134 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. The chair moved that HB3134 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB3134 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB1220 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. The chair moved that HB1220 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB1220 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 West moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB2814 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. The chair moved that HB2814 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator West moved that HB2814 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. At 4:22 p.m. Senator West resumed the chair. The chair laid out HB2882 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 HB2882 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Wentworth moved that HB2882 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB978 and recognized the Senate sponsor, Senator Bernsen, to explain the bill. There was no public testimony on the bill. The chair moved that HB978 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Bernsen moved that HB978 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 Bernsen moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The clerk called the roll. There was a quorum present. Senator Wentworth moved adoption of the minutes from the previous hearing held on April 30, 2001; without objection, it was so ordered. The chair laid out HB689 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. There was no public testimony on the bill. Senator Wentworth moved that HB689 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, 1 nay, 0 present not voting, and 2 absent. At 4:30 p.m. Senator Bernsen assumed the chair. At 4:48 p.m. Senator West resumed the chair. The chair laid out HB3403 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 HB3403 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. At 4:52 p.m. Senator Bernsen assumed the chair. At 4:54 p.m. Senator West resumed the chair. The chair laid out HB706 and recognized the Senate sponsor, Senator Truan, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Truan 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 HB706 be left pending; without objection, it was so ordered. The chair laid out HB3174 and recognized the Senate sponsor, Senator Truan, 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 HB3174 be left pending; without objection, it was so ordered. At 5:00 p.m. Senator Bernsen assumed the chair. At 5:10 p.m. Senator West resumed the chair. The chair laid out HB1037 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. The chair moved that HB1037 be left pending; without objection, it was so ordered. The chair laid out HB2249 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. The chair moved that HB2249 be left pending; without objection, it was so ordered. The chair moved that the Committee stand at ease; without objection, it was so ordered. At 5:32 p.m. the Committee reconvened. Public testimony continued for SB363. The chair moved that the public testimony be closed; without objection, it was so ordered. The chair moved that HB363 be left pending; without objection, it was so ordered. The chair laid out HB1420 and recognized the Senate sponsor, Senator Armbrister, 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 HB1420 be left pending; without objection, it was so ordered. The chair laid out HB1999 and recognized the Senate sponsor, Senator Armbrister, to explain the bill. There was no public testimony on the bill. The chair moved that HB1420 be left pending; without objection, it was so ordered. There was no action taken for the following bills: HB80 HB1118 HB1365 SB653 SB1098 SB1584 There being no further business, at 6:06 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