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