MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Friday, May 11, 2001
7:00 a.m.
Capitol Extension, Room E1.028
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Jurisprudence
was held on Friday, May 11, 2001, in the Capitol Extension, Room
E1.028, 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 7:04 a.m. The following
business was transacted:
The chair laid out HB451 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. Upon arrival of a quorum, Senator
Brown moved that HB451 be reported favorably 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 Brown moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB2367 and recognized the Senate sponsor,
Senator Bernsen, 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 HB2367 be reported favorably 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.
The chair laid out HB2731 and recognized the Senate sponsor,
Senator Bernsen, 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 HB2731 be reported favorably 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 Bernsen moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB3192 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill. Upon arrival of a
quorum, Senator Wentworth moved that HB3192 be reported
favorably 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
Wentworth 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 Brown moved adoption of the minutes from the previous
hearing held on May 9, 2001; without objection, it was so
ordered.
The chair laid out HB3694 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill. Senator Duncan moved
that HB3694 be reported favorably 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 Brown moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB715 and recognized the Senate sponsor,
Senator Lucio, Jr., to explain the bill. Senator Bernsen moved
that HB715 be reported favorably 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 Bernsen moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB497 and recognized Senator Brown, in the
absence of the Senate sponsor, to explain the bill. Senator
Brown moved that HB497 be reported favorably 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 Brown moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB78 and recognized Senator Wentworth, in the
absence of the Senate sponsor, to explain the bill. Senator
Wentworth moved that HB78 be reported favorably 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 Wentworth moved that the bill
be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
At 7:35 a.m. Senator Bernsen assumed the chair.
The chair laid out HB539 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. Senator Bernsen moved that HB539
be reported favorably 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 Bernsen moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB638 and recognized the Senate sponsor,
Senator West, to explain the bill. Senator Bernsen moved that
HB638 be reported favorably 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 Bernsen moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB3203 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. Senator Bernsen moved that HB3203
be reported favorably 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 Bernsen moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out HB1363 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. Senator Bernsen moved
that HB1363 be reported favorably 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 Bernsen moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB485 and recognized the Senate sponsor,
Senator Duncan, to explain the bill. Senator Duncan moved that
HB485 be reported favorably 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 Duncan moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
At 7:50 a.m. Senator West moved that the committee stand
recessed; without objection, it was so ordered.
The Committee reconvened.
The chair laid out HB2735 and recognized Senator Brown, 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. Senator Brown moved that
HB2735 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.
The chair laid out HB2152 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. Senator Jackson moved
that HB2152 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 HB1813 and recognized Senator Bernsen, 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. Senator Bernsen moved
that HB1813 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 HB2111 and recognized Senator Bernsen, in the
absence of the Senate sponsor, to explain the bill. Senator
Bernsen moved that HB2111 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 HB1566 and recognized Senator Bernsen, 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. Senator Bernsen moved
that HB1566 be reported favorably 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 Bernsen moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB588 and recognized the Senate sponsor,
Senator Jackson, to explain the bill. Senator Jackson moved
that HB588 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 HB706 be reported favorably 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.
The chair laid out HB691 and recognized Senator Bernsen, in the
absence of the Senate sponsor, to explain the bill. Senator
Bernsen moved that HB691 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 HB3136 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 Duncan moved that HB842 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 Duncan moved that the
bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
The chair laid out HB1137 and recognized Senator Jackson, in the
absence of the Senate sponsor, to explain the bill. Senator
Duncan moved that HB1137 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 HB1315 and recognized Senator Jackson, in the
absence of the Senate sponsor, to explain the bill. Senator
West moved that HB1315 be left pending; without objection, it
was so ordered.
The chair laid out HB1766 and recognized Senator Jackson, in the
absence of the Senate sponsor, to explain the bill. Senator
Duncan moved that HB1766 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 HB2804 and recognized Senator Jackson, in the
absence of the Senate sponsor, to explain the bill. Senator
Duncan moved that HB2804 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.
The chair laid out HB3171 and recognized Senator Jackson, in the
absence of the Senate sponsor, to explain the bill. Senator
Bernsen moved that HB3171 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.
The chair laid out HB596 and recognized Senator Jackson, in the
absence of the Senate sponsor, to explain the bill. Senator
Bernsen moved that HB596 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 HB920 and recognized Senator Jackson, 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. Senator Bernsen moved
that HB920 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 assumed the chair.
The chair laid out HB792 and recognized the Senate sponsor,
Senator West, to explain the bill. Senator Bernsen moved that
HB792 be reported favorably 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 resumed the chair.
The chair laid out HB2351 and recognized the Senate sponsor,
Senator Van de Putte, 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
HB2351 be reported favorably 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.
The chair laid out HB2638 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 Jackson moved that HB2638
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 HB3296 and recognized Senator Jackson, in the
absence of the Senate sponsor, to explain the bill. Senator
Jackson moved that HB3296 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.
Senator Duncan moved that HB2249 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 HB1050 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 Jackson moved that HB1050
be reported favorably 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.
The chair laid out HB1167 and recognized the Senate sponsor,
Senator Brown, to explain the bill. Senator West moved that
HB1167 be left pending; without objection, it was so ordered.
The chair laid out HB1823 and recognized Senator Wentworth, in
the absence of the Senate sponsor, to explain the bill. Senator
Wentworth moved that HB1823 be reported favorably 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.
The chair laid out HB3613 and recognized Senator Brown, in the
absence of the Senate sponsor, to explain the bill. Senator
Bernsen moved that HB3613 be reported favorably 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.
The chair laid out HB2410 and recognized Senator Brown, in the
absence of the Senate sponsor, to explain the bill. Senator
Bernsen moved that HB2410 be reported favorably 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 Bernsen moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out HB2368 and recognized Senator Brown, in the
absense of the Senate sponsor, to explain the bill. Senator
Wentworth moved that HB2368 be reported favorably 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.
The chair laid out HB1883 and recognized Senator Brown, 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. Senator Bernsen moved
that HB1883 be reported favorably 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 HB546 and recognized the Senate sponsor,
Senator Gallegos, Jr., to explain the bill. Senator Wentworth
moved that HB546 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 HB1921 and recognized the Senate sponsor,
Senator Gallegos, Jr., 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 Duncan moved that
HB1921 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.
The chair laid out HB2723 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 HB2723
be reported favorably 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.
Senator Bernsen assumed the chair.
The chair laid out HB1377 and recognized Senator West, in the
absence of the Senate sponsor, to explain the bill. Senator
Jackson moved that HB1377 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 HB336 and recognized Senator West, in the
absence of the Senate sponsor, to explain the bill. Senator
Duncan moved that HB336 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.
The chair laid out HB3498 and recognized the Senate sponsor,
Senator West, to explain the bill. Senator Wentworth moved that
HB3498 be reported favorably 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 resumed the chair.
The chair laid out HB900 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
HB900 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 HB1712 be reported favorably 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.
The following bills had no action taken:
HB363
SB1098
SB1584
The following bill was tagged:
HB1451
There being no further business, at 8:06 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