MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, March 9, 2005 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 Wednesday, March 9, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jeff Wentworth Senator Kip Averitt Senator Mario Gallegos, Jr. Senator Robert Duncan Senator Chris Harris Senator Juan Hinojosa Senator Royce West ***** The chair called the meeting to order at 1:36 p.m. The following business was transacted: The chair laid out SB 441 and recognized the author, Senator Madla, 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 Wentworth moved that SB 441 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Hinojosa moved that SB 441 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 335 and recognized the author, Senator Carona, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. 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 Wentworth moved that SB 335 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. Senator Hinojosa moved that SB 335 do not pass but that CSSB 335 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. The chair laid out SB 220 and recognized the author, Senator Carona, 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 Wentworth moved that SB 220 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Wentworth moved that the amendment be rolled into the bill; without objection, the amendment was rolled into the bill. The Chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Wentworth moved that SB 220 do not pass but that CSSB 220 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 219 and recognized the author, Senator Carona, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the bill as filed. 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 Wentworth moved that SB 219 be left pending at the request of the author; without objection, it was so ordered. The chair laid out SB 393 and recognized the author, Senator Van de Putte, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the bill as filed. Senator Wentworth moved that SB 393 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved adoption of the committee substitute; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 393 do not pass but that CSSB 393 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, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 3:16 p.m. Senator Harris assumed the chair. The chair laid out SB 550 and recognized Senator Wentworth, in the absence of the author, to explain the bill. Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. 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 SB 550 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved adoption of the committee substitute; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 550 do not pass but that CSSB 550 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 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 SB 552 and recognized Senator Wentworth, in the absence of the author, to explain the bill. There were no witnesses testifying on the bill. Senator Harris moved that SB 552 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Gallegos, Jr. moved that SB 552 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 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 SB 451 and recognized the author, 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. Senator Harris moved that SB 451 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Wentworth moved that SB 451 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 3:20 p.m. Senator Wentworth resumed the chair. At 3:20 p.m. Senator Wentworth moved that the committee stand recessed until 3:30 p.m.; without objection, it was so ordered. At 3:37 p.m. the committee reconvened. The clerk called roll. There was a quorum present. Senator Gallegos, Jr. moved adoption of the minutes from the previous hearings held on February 23, 2005 and March 2, 2005; without objection, it was so ordered. The chair laid out SB 103 and recognized Senator Harris, in the absence of the author, 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 Harris moved that SB 103 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 4:09 p.m. Senator Gallegos, Jr. assumed the chair. At 4:12 p.m. Senator Wentworth resumed the chair. Senator Gallegos, Jr. moved that SB 436 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, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 438 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, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 439 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, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 4:20 p.m. Senator Gallegos, Jr. assumed the chair. Senator Wentworth moved that SB 241 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, 2 nays, 0 present not voting, and 1 absent. Senator Wentworth moved that SB 346 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Wentworth moved that SB 347 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Senator Wentworth moved that SB 348 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 0 nay, 0 present not voting, and 1 absent. Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 4:25 p.m. Senator Wentworth resumed the chair. The chair announced the motions in writing by Senator Duncan and Senator West. Senator Duncan was shown voting aye on the following bills: SB 103, SB 220, SB 441, SB 550, SB 552, SB 346, SB 347, SB 348, SB 451 and SB 335. Senator Duncan was shown voting nay on the following bill: SB 241. Senator West was shown voting aye on the following bills: SB 103, SB 220, SB 335, SB 441, SB 451, SB 550, SB 552, SB 346, SB 347, SB 348, SB 393, SB 436, SB 438 and SB 439. Senator West was shown voting nay on the following bill: SB 241. There was no action taken on the following bills: SB 145, SB 349 and SB 435. There being no further business, at 4:27 p.m. Senator Wentworth moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered. _____________________________ Senator Jeff Wentworth, Chair _____________________________ Stephanie Hoover, Clerk