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