MINUTES SENATE COMMITTEE ON JURISPRUDENCE Monday, May 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 Monday, May 12, 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 4:22 p.m. There being a quorum present, the following business was transacted: The chair laid out HB 2682 and recognized the Senate sponsor, Senator Staples, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Lucio moved that HB 2682 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 Gallegos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1648 and, in the absence of the Senate sponsor, explained 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 HB 1648 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 Gallegos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 3386 and recognized the Senate sponsor, Senator Averitt, 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 HB 3386 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 Gallegos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2415 and recognized the Senate sponsor, Senator Averitt, to explain the bill. Senator Averitt sent up a committee substitute; the chair recognized Senator Averitt to explain the difference between the committee substitute and the bill as filed. Senator Averitt 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 Averitt moved that HB 2415 do not pass but that CSHB 2415 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 moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 2402 and recognized the Senate sponsor, Senator Barrientos, to explain the bill. Senator Averitt sent up a committee substitute; the chair recognized Senator Barrientos 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. Senator Lucio moved that HB 2402 do not pass but that CSHB 2402 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 Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Averitt assumed the chair. The chair laid out HB 2157 and recognized the Senate sponsor, Senator Duncan, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Duncan moved that HB 2157 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 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 HB 1539 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Averitt moved that HB 1539 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 1666 and recognized the Senate sponsor, 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 HB 1666 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 HB 2188 and recognized the Senate sponsor, Senator Wentworth, 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 HB 2238 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 Averitt moved that HB 2238 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Harris requested unanimous consent to be shown voting aye on: HB 2415, HB 2682 and 3386. Without objection, it was so ordered. There being no further business, the Committee stood recessed subject to the chair. ______________________ Senator Robert Duncan, Chair ______________________ Teddy Carter, Clerk