MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, April 16, 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, April 16, 2003, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Robert Duncan Senator Mario Gallegos Senator Teel Bivins Senator Kip Averitt Senator Chris Harris Senator Eddie Lucio, Jr. Senator Royce West ***** The chair called the meeting to order at 2:25 p.m. There being a quorum present, the following business was transacted: The chair announced that SB 424 had been erroneously posted as pending business when in fact the bill had been reported favorably to the full senate at a previous hearing. Senator Lucio assumed the chair. The chair laid out SB 1107 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. Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Duncan requested unanimous consent to incorporate the amendment into the committee substitute; without objection, it was so ordered. Senator Duncan then moved that the new committee substitute be adopted; 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 moved that SB 1107 do not pass but that CSSB 1107 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 resumed the chair. The chair laid out SB 1490 and recognized the author, Senator Ogden, to explain the bill. Senator West sent up a committee substitute; the chair recognized Senator Ogden 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. Senator Harris moved that SB 1490 do not pass but that CSSB 1490 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 HB 988 and recognized the Senate sponsor, Senator Ogden, 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 HB 988 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 SB 1588 and recognized Senator Lucio, in the absence of the author, to explain the bill. Senator Lucio sent up a committee substitute; the chair recognized Senator Lucio to explain the difference between the committee substitute and the bill as filed. Senator Lucio 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 Lucio moved that SB 1588 do not pass but that CSSB 1588 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 SB 449 and recognized the author, Senator Williams, 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 before the committee. The chair laid out pending business SB 1180 and recognized the author, Senator West, to explain the bill. A committee substitute that had been offered at a previous hearing and was on the table was withdrawn. Senator West sent up a new committee substitute; the chair recognized Senator West to explain the difference between the committee substitute and the bill as filed. Public testimony, closed at a previous hearing, was reopened. There being no one present wishing to testify for, against or on CSSB 1180, the public testimony was closed. The bill was left pending before the committee. The chair laid out SB 1527 and recognized Senator Harris, in the absence of the author, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending before the committee. The chair laid out SB 88 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. The bill was left pending before the committee. The chair laid out SB 1805 and recognized the author, Senator Harris, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. 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 before the committee. The chair laid out SB 1806 and recognized the author, Senator Harris, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. 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 before the committee. The chair laid out SB 1807 and recognized the author, 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 bill was left pending before the committee. The chair laid out SB 1808 and recognized the author, Senator Harris, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending before the committee. The chair laid out HB 858 and recognized the Senate sponsor, Senator Harris, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending before the committee. The chair laid out SB 889 and recognized the author, Senator Lindsay, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Lindsay to explain the difference between the committee substitute and the bill as filed. The chair moved that the public testimony be closed; without objection, it was so ordered. The bill was left pending before the committee. The chair laid out SB 1458 and recognized the author, Senator Lindsay, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Lindsay to explain the difference between the committee substitute and the bill as filed. 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 before the committee. The chair laid out SB 1665 and recognized Senator Harris, in the absence of the author, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the bill as filed. 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 before the committee. The chair laid out SB 1212 and recognized the author, Senator Van de Putte, to explain the bill. A committee substitute that had been offered at a previous hearing and was on the table was withdrawn. Senator Bivins sent up a new committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the bill as filed. Public testimony, closed at a previous hearing, was reopened. There being no one present wishing to testify for, against or on CSSB 1212, the public testimony was closed. The bill was left pending before the committee. Senator Bivins requested unanimous consent to be shown voting aye on the following bills: HB 988, SB 1107, SB 1490, SB 1588. Without objection, it was so ordered. There was no action taken for the following bill(s): SB 184, SB 190, SB 768, SB 1046, SB 1207, SB 1551, SB 1552. There being no further business, the Committee stood recessed subject to the call of the chair. ______________________ Senator Robert Duncan, Chair ______________________ Teddy Carter, Clerk