DRAFT MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, March 19, 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 19, 2003, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Robert Duncan Senator Teel Bivins
Senator Mario Gallegos
Senator Kip Averitt
Senator Chris Harris
Senator Eddie Lucio, Jr.
Senator Royce West
*****
The chair called the meeting to order at 1:31 p.m. There being
a quorum present, the following business was transacted:
The chair laid out SB 82 and recognized the author, Senator
Zaffirini, 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 Gallegos moved that SB 82
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 SB 802 and recognized the author, Senator
Janek, 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 Averitt moved that SB 802
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 Averitt moved that the bill be recommended for placement
on the Local & Uncontested Calendar; without objection, it was
so ordered.
The chair laid out SB 922 and recognized the author, Senator
Harris, to explain the bill. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Harris moved that SB 922 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 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 430. Senator Gallegos sent
up a committee substitute; the chair recognized Senator Gallegos
to explain the difference between the committee substitute and
the bill as filed. Senator Gallegos 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. Senator Gallegos moved that SB
430 do not pass but that CSSB 430 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 Gallegos 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 737. Senator Harris moved
that SB 737 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 Harris moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
Senator Gallegos assumed the chair.
The chair laid out SB 591 and recognized the author, Senator
Duncan, 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 bill was left pending
awaiting the arrival of a quorum.
The chair laid out SB 1057 and recognized the author, Senator
Duncan, to explain the bill. Senator Duncan sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator West sent up Committee Amendment 2 and
moved adoption. The motion failed by a record vote of 2 ayes, 4
nays, 0 present not voting, and 1 absent. Following the vote on
the amendment, Senator Lucio requested unanimous consent to have
his vote changed from nay to aye on Committee Amendment 2,
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 Duncan requested
unanimous consent to roll the amendments into a committee
substitute; without objection, it was so ordered. Senator
Duncan then moved that the committee substitute be adopted;
without objection, it was so ordered. Senator Duncan moved that
SB 1057 do not pass but that CSSB 1057 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 nays, 0
present not voting, and 3 absent.
Senator Duncan moved that SB 591 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.
Senator Duncan resumed the chair.
The chair laid out SB 979 and recognized the author, Senator
Wentworth, to explain the bill. Senator Gallegos sent up a
committee substitute; the chair recognized Senator Wentworth to
explain the difference between the committee substitute and the
bill as filed. Senator Gallegos 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. Senator Lucio moved that SB 979 do not pass but
that CSSB 979 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 Gallegos moved that the bill be
recommended for placement on the Local & Uncontested Calendar;
without objection, it was so ordered.
The chair laid out SB 629 and recognized the author, Senator
Wentworth, to explain the bill. The chair moved that the public
testimony be closed; without objection, it was so ordered.
Senator Harris moved that SB 629 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, 3
present not voting, and 0 absent. Senator Gallegos moved that
the bill be recommended for placement on the Local & Uncontested
Calendar; without objection, it was so ordered.
There was no action taken for the following bill(s): SB 534, SJR
26.
Senator West requested unanimous consent to be shown voting aye
on the following bills: SB 82, SB 802, SB 922, SB 430, SB 737,
SB 591, SB 979 and SB 629. Without objection, it was so
ordered.
Senator West requested unanimous consent to be shown voting nay
on the following bills: SB 1057. Without objection, it was so
ordered.
Senator Averitt requested unanimous consent to be shown voting
aye on the following bills: SB 1057, SB 591, SB 979 and SB 629.
Without objection, it was so ordered.
Senator Lucio requested unanimous consent to be shown voting aye
on the following bills: SB 82, SB 802, SB 922, SB 430 and SB
737. Without objection, it was so ordered.
There being no further business, the Committee stood recessed
subject to the call of the chair.
______________________
Senator Robert Duncan, Chair
______________________
Teddy Carter, Clerk