MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, May 19, 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 19, 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
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The chair called the meeting to order at 4:12 p.m. There being
a quorum present, the following business was transacted:
The chair laid out HB 3304 and recognized the Senate sponsor,
Senator Zaffirini, 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 3304 do not pass
but that CSHB 3304 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 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 1899 and recognized the Senate sponsor,
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. Senator Gallegos moved that HB
1899 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 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 644 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Averitt moved that HB 644 be left pending;
without objection, it was so ordered.
The chair laid out HB 3605 and recognized the Senate sponsor,
Senator Averitt, to explain the bill. The chair moved that the
public testimony be closed; without objection, it was so
ordered. Senator Averitt moved that HB 3605 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
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 3087 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 3087 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 1985 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 Lucio moved that HB 1985 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.
The chair laid out HB 518 and recognized Senator Gallegos, in
the absence of the Senate sponsor, to explain the bill. Senator
Gallegos sent up Committee Amendment 1 and moved adoption;
without objection, the amendment was adopted. 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 518, 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.
The chair laid out HB 2588 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Harris sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. 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 2588, 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 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 1885 and recognized the Senate sponsor,
Senator Lucio, 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 1885
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 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 529 and recognized the Senate sponsor,
Senator Deuell, to explain the bill. Senator Lucio sent up a
committee substitute; the chair recognized Senator Deuell 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
HB 529 do not pass but that CSHB 529 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 3597 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill. The chair moved that
the public testimony be closed; without objection, it was so
ordered. Senator Lucio moved that HB 3597 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 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 885 and recognized the Senate sponsor,
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. Senator West moved that HB 885 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
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 1833 and recognized the Senate sponsor,
Senator Harris, to explain the bill. Senator Harris sent up
Committee Amendment 1 and moved adoption; without objection, the
amendment was adopted. 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 1833, 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 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 pending business HB 320 by Fraser and
recognized Senator Duncan. 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
Harris sent up Committee Amendment 1 and moved adoption; without
objection, the amendment was adopted. Senator Duncan requested
unanimous consent to incorporate 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. Testimony was reopened,
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 HB 320 do not pass but that CSHB 320 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 Gallegos requested unanimous consent to be shown voting
aye on the following bills: HB 518, HB 2588, HB 1885, HB 529, HB
3597, HB 1833, HB 885 and HB 320; without objection, it was so
ordered.
Senator West requested unanimous consent to be shown voting aye
on the following bills: HB 1899, HB 3087, HB 3304, HB 3605 and
HB 320; without objection, it was so ordered.
There being no further business, the Committee stood recessed
subject to the call of the chair.
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Senator Robert Duncan, Chair
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Teddy Carter, Clerk