MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, March 12, 2003 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 Wednesday, March 12, 2003, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Robert Duncan Senator Royce West Senator Mario Gallegos, Jr. Senator Kip Averitt Senator Teel Bivins Senator Chris Harris Senator Eddie Lucio, Jr. ***** The chair called the meeting to order at 1:38 p.m. There being a quorum present, the following business was transacted: The chair laid out SB 534 and SJR 26 and recognized the author, Senator Carona, to explain the bill and resolution. Witnesses testifying and registering on the bill and resolution are shown on the attached lists. The chair moved that the public testimony be closed on SB 534 and SJR 26; without objection, it was so ordered. Without objection, SB 534 and SJR 26 were left pending before the Committee. The chair laid out SB 430 and recognized the author, Senator Hinojosa, to explain the bill. Without objection, SB 430 was left pending before the Committee. The chair laid out SB 737 and recognized the author, Senator Hinojosa, 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. Without objection, SB 737 was left pending before the Committee. The chair laid out SB 749 and recognized Senator Harris, in the absence of the author, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Without objection, SB 749 was left pending before the Committee. Senator Harris assumed the chair. The chair laid out SB 518 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. The chair moved that the public testimony be closed; without objection, it was so ordered. Without objection, SB 518 was left pending before the Committee. Senator Duncan resumed the chair. The chair laid out SB 714 and recognized the author, Senator Lindsay, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Without objection, the bill was left pending before the Committee. Senator Gallegos, Jr. moved that SB 518 do not pass but that CSSB 518 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Harris moved that SB 714 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Harris moved that SB 749 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out pending bill SB 358 as substituted. Senator Averitt moved to reconsider the vote by which the committee substitute was adopted, without objection, it was so ordered and the committee substitute was placed on the table, subject to amendment. Senator Averitt sent up Committee Amendment 1 to the proposed committee substitute and moved adoption; without objection, the amendment was adopted. Senator Bivins requested unanimous consent to roll the amendment into the committee substitute; without objection, it was so ordered. Senator Averitt then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Bivins moved that SENATE COMMITTEE ON JURISPRUDENCE Minutes Wednesday, March 12, 2003 page 3 SB 358 do not pass but that CSSB 358 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. There was no action taken for the following bill(s): SB 122, SB 379, SB 713. There being no further business, and without objection, the Committee stood recessed subject to the call of the chair. ______________________ Senator Robert Duncan, Chair ______________________ Teddy Carter, Clerk