MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, May 21, 2003 3:30 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 Wednesday, May 21, 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 Royce West Senator Kip Averitt Senator Chris Harris Senator Eddie Lucio ***** The chair called the meeting to order at 3:53 p.m. There being a quorum present, the following business was transacted: The chair laid out HB 162 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. The chair moved that HB 1470 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved that HB 1470 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 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 1945 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. Upon arrival of a quorum, Senator Averitt moved that HB 1945 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 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 3070 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. Upon arrival of a quorum, Senator Averitt moved that HB 3070 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 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 1470 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. The chair moved that HB 1470 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that HB 1470, 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 1473 and recognized the Senate sponsor, Senator Harris, 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 chair moved that HB 1473 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that HB 1473 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 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 2937 and recognized the Senate sponsor, Senator Estes, 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 chair moved that HB 2937 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Gallegos moved that HB 2937 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. SENATE COMMITTEE ON JURISPRUDENCE Minutes Wednesday, May 21, 2003 page 3 The chair laid out HB 2240 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. The chair moved that HB 2240 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that HB 2240, 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 94 and recognized the Senate sponsor, Senator Armbrister, 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 2916 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. The chair moved that HB 2916 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Averitt moved that HB 2916 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 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 2241 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. The chair moved that HB 2241 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that HB 2241, 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 3503 and recognized the Senate sponsor, Senator Harris, to explain the bill. Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the SENATE COMMITTEE ON JURISPRUDENCE Minutes Wednesday, May 21, 2003 page 4 bill as filed. Senator Harris 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. The chair moved that HB 3503 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that HB 3503 do not pass but that CSHB 3503 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 871 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 2040 and recognized Senator Gallegos, in the absence of the Senate sponsor, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. The chair moved that HB 2040 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 2040 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 674 and recognized the Senate sponsor, Senator Lucio, to explain the bill. The chair moved that the public testimony be closed; without objection, it was so ordered. The chair moved that HB 674 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Lucio moved that HB 674 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 3577 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, then withdrew the motion and the amendment. Senator Gallegos sent up Committee Amendment 2 and moved adoption; without objection, it was so ordered. The chair moved that the public testimony be closed; without objection, it was so ordered. The chair moved that HB 3577 be left pending to await a quorum; without SENATE COMMITTEE ON JURISPRUDENCE Minutes Wednesday, May 21, 2003 page 5 objection, it was so ordered. Upon arrival of a quorum, Senator Gallegos moved that HB 3577, 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 Gallegos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. There was no action taken for the following bill(s): HB 3033 There being no further business, the Committee stood recessed subject to the call of the chair. ______________________ Senator Robert Duncan, Chair ______________________ Teddy Carter, Clerk