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