MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, May 7, 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, May 7, 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
*****
Senator Harris assumed the chair and called the meeting to order
at 4:46 p.m. The following business was transacted:
The chair laid out HB 2498 and recognized the Senate sponsor,
Senator Hinojosa, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Harris moved that HB 2498 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Harris moved that HB 2498 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 350 and recognized the author, Senator
Armbrister, 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 1915 and recognized the author, Senator
Armbrister, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Harris moved that SB 1915 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Harris moved that SB 1915 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 1940 and recognized the author, Senator
Armbrister, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Harris moved that SB 1940 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Harris moved that SB 1940 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 1923 and recognized Senator Lucio, in the
absence of the author, to explain the bill. Witnesses
testifying and registering on the bill are shown on the attached
list. Senator Lucio moved that SB 1923 be left pending to await
a quorum; without objection, it was so ordered. Upon arrival of
a quorum, Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted. Senator
Harris moved that SB 1923, as amended, 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 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 2689 and recognized Senator Lucio, 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 Lucio moved that
HB 2689 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Duncan moved
that HB 2689 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.
The chair laid out HB 889 and recognized the Senate sponsor,
Senator Lucio, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Lucio moved that HB 889 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio moved that HB 889 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 Lucio
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
The chair laid out HB 883 and recognized the Senate sponsor,
Senator Lucio, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Lucio moved that HB 883 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Lucio sent up Committee Amendment 1
and moved adoption; without objection, the amendment was
adopted. Senator Lucio moved that HB 883, as amended, 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 0 absent. Senator Harris
moved that the bill be recommended for placement on the Local &
Uncontested Calendar; without objection, it was so ordered.
Senator Lucio assumed the chair.
The chair laid out HB 823 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. Senator Harris moved that HB 823
be left pending to await a quorum; without objection, it was so
ordered. Upon arrival of a quorum, Senator Harris moved that HB
823 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 821 and recognized the Senate sponsor,
Senator Harris, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Lucio moved that HB 821 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, Senator Harris moved that HB 821 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 Harris assumed the chair.
The chair laid out SJR 14 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. The
bill was left pending before the committee.
Senator Lucio assumed the chair.
The chair laid out HB 980 and recognized the Senate sponsor,
Senator Harris, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Lucio moved that HB 980 be left pending to
await a quorum; without objection, it was so ordered. Upon
arrival of a quorum, 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. Senator Harris moved adoption of the committee
substitute; without objection, it was so ordered. Senator
Harris moved that HB 980, as amended, 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 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 886 and recognized Senator Harris, in the
absence of the Senate sponsor, to explain the bill. The chair
moved that the public testimony be closed; without objection, it
was so ordered. Senator Harris moved that HB 886 be left
pending to await a quorum; without objection, it was so ordered.
Upon arrival of a quorum, Senator West moved that HB 886 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 HB 346 and recognized Senator Harris, 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 Harris moved that
HB 346 be left pending to await a quorum; without objection, it
was so ordered. Upon arrival of a quorum, Senator Harris sent
up Committee Amendment 1 and moved adoption; without objection,
the amendment was adopted. Senator West moved that HB 346, as
amended, 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 West moved that the bill be recommended for
placement on the Local & Uncontested Calendar; without
objection, it was so ordered.
The chair laid out pending business SB 1551 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 moved that SB 1551 do not pass but that
CSSB 1551 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 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 887 and recognized the Senate sponsor,
Senator West, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator West moved that HB 887 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 1478 and recognized the author, Senator
West, to explain the bill. Senator West sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. The chair moved that the public testimony be
closed; without objection, it was so ordered. Senator West
moved that SB 1478, as amended, 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.
Senator Averitt requested unanimous consent to be shown voting
aye on the following bills:
HB 346, HB 821, HB 823, HB 886, HB 887, HB 889, HB 980, HB 2498,
HB 2689, SB 1915, SB 1923, SB 1940, SB 1551. Without objection;
it was so ordered.
Senator Gallegos requested unanimous consent to be shown voting
aye on the following bills: SB 1551, SB 1915, SB 1923, SB 1940,
HB 887, HB 346, HB 821, HB 823, HB 886, HB 889, HB 980, HB 2498,
SB 1478. 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