MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, May 9, 2001
2:30 p.m.
Capitol Extension, Room E1.016
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Jurisprudence
was held on Wednesday, May 9, 2001, in the Capitol Extension,
Room E1.016, 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 2:40 p.m.
The chair laid out HB65 and recognized the Senate sponsor,
Senator Cain, to explain the bill. Upon arrival of a quorum,
Senator Duncan moved that HB65 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 2 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 HB586 and recognized the author, Senator
Cain, to explain the bill. Senator Bernsen sent up a committee
substitute; the chair recognized Senator Cain to explain the
difference between the committee substitute and the bill as
filed. Upon arrival of a quorum, Senator Bernsen moved adoption
of the committee substitute; without objection, it was so
ordered. Senator Bernsen moved that HB586 do not pass but that
CSHB586 be reported back to the Senate with the recommendation
that it do pass and be printed. The motion carried with a
record vote of 5 ayes, 1 nay, 0 present not voting, and 1
absent.
The chair laid out HB628 and recognized the Senate sponsor,
Senator Moncrief, to explain the bill. Upon arrival of a
quorum, Senator Brown moved that HB628 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 HB1073 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. Upon arrival of a quorum, Senator
Bernsen moved that HB1073 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 Bernsen moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB947 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Upon arrival of a quorum,
Senator Duncan moved that HB947 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 HB2788 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Upon arrival of a quorum,
Senator Duncan moved that HB2788 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.
At 2:52 p.m. Senator Duncan assumed the chair.
The chair laid out HB840 and recognized the Senate sponsor,
Senator West, to explain the bill. Upon arrival of a quorum,
Senator West moved that HB840 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 West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB1712 and recognized the Senate sponsor,
Senator West, to explain the bill. Witnesses testifying and
registering on the bill are shown on the attached list. Upon
arrival of a quorum, The chair moved that the public testimony
be closed; without objection, it was so ordered. Senator West
moved that HB1712 be left pending; without objection, it was so
ordered.
The chair laid out HB3586 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. Senator West 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. Upon arrival of a quorum,
Senator West moved that HB3586 do not pass but that CSHB3586 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a record vote of 5
ayes, 0 nay, 0 present not voting, and 2 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 HB2112 and recognized the Senate sponsor,
Senator West, to explain the bill. Upon arrival of a quorum,
Senator West moved that HB2112 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 West moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB2114 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
HB2114, 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 clerk called roll.
Senator West moved adoption of the minutes from the previous
hearing held on May 7, 2001; without objection, it was so
ordered.
At 3:26 p.m. Senator West resumed the chair.
The chair laid out HB374 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 HB374
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 Bernsen moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB534 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
HB534 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 HB535 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
HB535 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 HB2557 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Senator Wentworth sent
up a committee substitute; the chair recognized Senator
Wentworth 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.
Senator Wentworth moved that HB2557 do not pass but that
CSHB2557 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 HB842 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Senator West moved that
HB842 be left pending; without objection, it was so ordered.
The chair laid out HB3678 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. Senator Jackson moved
that HB3678 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 HB3136 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 West moved that HB3136 be
left pending; without objection, it was so ordered.
The chair laid out HB3356 and recognized Senator Duncan, in the
absence of the Senate sponsor, to explain the bill. Senator
Duncan moved that HB3356 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 HB1515 and recognized the Senate sponsor,
Senator Bernsen, to explain the bill. Senator Bernsen moved
that HB1515 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 Bernsen moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB3144 and recognized the Senate sponsor,
Senator Bernsen, to explain the bill. Senator Bernsen moved
that HB3144 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 Bernsen moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB2550 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator Brown moved that
HB2550 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 HB3662 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator Brown moved that
HB3662 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 HB560 and recognized the Senate sponsor,
Senator Haywood, to explain the bill. Senator Jackson moved
that HB560 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.
The chair laid out HB2087 and recognized the Senate sponsor,
Senator Haywood, to explain the bill. Senator Jackson moved
that HB2087 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 HB1098. 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 HB1098 be left pending;
without objection, it was so ordered.
Senator Jackson moved that HB80 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.
At 4:19 p.m. Senator Bernsen assumed the chair.
Senator West moved that HB1118, as amended, 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.
The chair laid out HB1365 and recognized Senator West, in the
absence of the Senate sponsor, to explain the bill. Senator
Brown 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 Brown moved that HB1365, 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. 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 HB1037 and recognized Senator Brown, in the
absence of the Senate sponsor, to explain the bill. Senator
Brown moved that HB1037 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 Brown moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Bernsen moved that HB1420 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.
Senator Bernsen moved that HB1999 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.
Senator Bernsen moved that HB3174 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.
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