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 
                                           
                                       ***** 
                                           
         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.   
          
         ______________________ 
         Senator Robert Duncan, Chair 
          
         ______________________ 
         Teddy Carter, Clerk