MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, August 25, 2004 9:30 a.m. Capitol Extension, Room E1.012 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public meeting of the Senate Committee on Jurisprudence was held on Wednesday, August 25, 2004, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jeff Wentworth Senator Mario Gallegos, Jr. Senator Robert Duncan Senator Kip Averitt Senator Chris Harris Senator Eddie Lucio, Jr. Senator Royce West ***** The chair called the meeting to order at 9:31 a.m. The Committee was in recess from the previous meeting. The chair gave opening remarks. The chair laid out Charge 1: Study the jurisdiction of all local and state courts, including civil and criminal justice courts. Make recommendations for changes to any court's jurisdiction to improve the efficiency or effectiveness of the judicial system. Review and make recommendations relating to concurrent jurisdiction of county courts at law and district courts over eminent domain proceedings. The following witness testified: Chief Justice Tom Phillips, representing Self The clerk called roll. There was a quorum present. Senator Harris moved approval of the minutes from the previous meeting held on May 6, 2004; without objection, it was so ordered. The following witnesses testified: Justice Scott Brister, representing the Texas Supreme Court Judge Sharon Keller, representing the Court of Criminal Appeals Justice Kenneth Law, representing the Intermediate Courts of Appeal Judge Stephen Ables, representing the Administrative Judges Judge Mark Atkinson, representing the County Courts at Law of Texas At 11:15 a.m. Senator Duncan assumed the chair. The following witness testified: Justice David Cobos, representing the Justice Courts At 11:27 a.m. Senator Wentworth resumed the chair. The following witnesses testified: Judge Robin Ramsay, representing Municipal Judges Cathy Sisk, representing Harris County H. Dixon Montague, representing Self Judge Orlinda Naranjo, representing Self Randy Ward, representing the Texas Department of Transportation (Right of Way Division) At 12:25 p.m. Senator Wentworth moved that the committee stand recessed until 1:30 p.m.; without objection, it was so ordered. At 1:32 p.m. the committee reconvened. The chair laid out Charge 3: Study arbitration statutes and the role of the American Arbitration Association. Specifically, the Committee shall make recommendations to improve and ensure the efficiency, effectiveness, and fairness of arbitrators and arbitrations. The following witnesses testified: John Fleming, representing Self Richard Naimark, representing the American Arbitration Association Kim Lawrence, representing the Better Business Bureau of Metropolitan Houston, Inc. Stephen Thomas, representing the Texas Residential Construction Commission John Cobarruvias, representing Homeowners Against Deficient Dwellings Susan Duvso, representing the Texas Residential Construction Commission Bobby Bowling, representing Self and the Texas Association of Builders Steve Henry, representing Self William H. Lemons III, representing Self Ron Moss, representing Texans for Lawsuit Reform Mark Eberwine, representing public The following witness registered but did not testify: Reggie James, representing Consumers Union There being no further business, at 4:17 p.m. Senator Duncan moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. SENATE COMMITTEE ON JURISPRUDENCE Minutes Wednesday, August 25, 2004 page 3 ____________________________ Senator Jeff Wentworth, Chair ____________________________ Stephanie Hoover, Clerk