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