MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, April 23, 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 23, 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 Senator Royce West ***** The chair called the meeting to order at 3:53 p.m. There being a quorum present, the following business was transacted: The chair laid out HB 227 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. The bill was left pending before the committee. The chair laid out SB 1834 and recognized the author, Senator Staples, 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. Upon arrival of a quorum, Senator Harris sent up a committee substitute; the difference between the committee substitute and the bill as filed had been previously explained by Senator Stapes. Senator Harris moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio moved that SB 1834 do not pass but that CSSB 1834 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. The chair laid out HB 935 and recognized Senator Harris, in the absence of the Senate sponsor, to explain the bill. The bill was left pending awaiting the arrival of a quorum. Upon arrival of a quorum, Senator Harris moved that HB 935 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 SB 1424 and recognized the author, Senator Nelson, 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. Upon arrival of a quorum, Senator West moved that SB 1424 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1536 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. The bill was left pending awaiting the arrival of a quorum. Upon arrival of a quorum, Senator Harris moved that HB 1536 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 SB 1691 and recognized the author, Senator Gallegos, to explain the bill. The bill was left pending awaiting the arrival of a quorum. Upon arrival of a quorum, Senator Harris sent up a committee substitute; the difference between the committee substitute and the bill as filed had been previously explained by Senator Gallegos. Senator Harris moved adoption of the committee substitute; without objection, it was so ordered. The bill was left pending before the committee. The chair laid out HB 233 and recognized the Senate sponsor, 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 awaiting the arrival of a quorum. Upon arrival of a quorum, Senator Harris moved that HB 233 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 HB 234 and recognized the Senate sponsor, Senator Harris, to explain the bill. Senator Harris sent up Committee Amendment 1. Witnesses testifying and registering on the bill are shown on the attached list. Senator Harris moved to pull down Committee Amendment 1; without objection, it was so ordered. 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. Upon arrival of a quorum, Senator Harris moved that HB 234 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 SCR 22 and recognized Senator Harris, in the absence of the author, 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. Upon arrival of a quorum, Senator West sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator West requested unanimous consent to roll the amendment into the original bill, creating a new committee substitute; without objection, it was so ordered. Senator West then moved that the committee substitute be adopted; without objection, it was so ordered. Senator West moved that SCR 22 do not pass but that CSSCR 22 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. The chair laid out SB 1011 and recognized the author, 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. The bill was left pending before the committee. Senator Averitt assumed the chair. The chair laid out pending business SB 1207. Senator West moved to reopen public testimony; 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. The bill was left pending before the committee. Senator Lucio requested unanimous consent to be shown voting aye on the following bills: HB 233, HB 234, SB 935, HB 1536. Without objection, it was so ordered. Senator Gallegos Requested unanimous consent to be shown voting aye on the following bills: HB 233, HB 234, HB 935, HB 1536, SB 1424, SB 1834, SCR 22. Without objection, it was so ordered. There was no action taken for the following bill(s): SCR 34, SB 889, SB 1458, SB 1478, SB 1551. There being no further business, the Committee stood recessed subject to the call of the chair. ______________________ Senator Robert Duncan, Chair ______________________ Teddy Carter, Clerk