MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, March 23, 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 23, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jeff Wentworth Senator Mario Gallegos, Jr. Senator Kip Averitt Senator Juan Hinojosa Senator Robert Duncan Senator Chris Harris Senator Royce West ***** The chair called the meeting to order at 4:22 p.m. The following business was transacted: The chair laid out SB 534 and recognized the author, Senator Lindsay, 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. The chair laid out SB 672 and recognized the author, Senator Seliger, 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 672 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that SB 672 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. At 4:44 p.m. Senator Harris assumed the chair. The chair laid out SB 149 and recognized the author, Senator Wentworth, 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. Senator Wentworth sent up Committee Amendment 1. 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 Harris moved adoption of the committee substitute; without objection, it was so ordered. Senator Harris moved adoption of Committee Amendment 1; without objection, it was so ordered. Senator Harris requested unanimous consent to roll the amendment into a committee substitute and moved the adoption of the new committee substitute; without objection, it was so ordered. Senator Harris moved that SB 149 do not pass but that CSSB 149 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. At 4:50 p.m. Senator Duncan assumed the chair. At 4:51 p.m. Senator Wentworth resumed the chair. The chair laid out SCR 7 and recognized the author, Senator Duncan, to explain the bill. Senator Duncan sent up Committee Amendment 1. There were no witnesses on the bill. Upon arrival of a quorum, Senator Duncan moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Duncan moved to roll the amendment into the body of the bill; without objection, it was so ordered. Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered. Senator Duncan moved that SCR 7 do not pass but that CSSCR 7 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 291 and recognized Senator Duncan, in the absence of the author, to explain the bill. The clerk called roll. There was a quorum present. Senator Duncan moved adoption of the minutes from the previous hearing held on March 16, 2005; without objection, it was so ordered. Testimony was taken on SB 291. 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 SB 291 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. Senator Harris moved that SB 671 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 SB 673 and recognized Senator Duncan. Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Duncan moved to roll the amendment into the body of the bill and moved that the committee substitute be adopted; without objection, it was so ordered. Senator Duncan moved that SB 673 do not pass but that CSSB 673 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 5:16 p.m. Senator Duncan assumed the chair. The chair laid out SB 165 and recognized the author, Senator Wentworth, 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. Senator Wentworth sent up Committee Amendment 1. Senator Wentworth sent up Committee Amendment 2. Senator Wentworth sent up Committee Amendment 3. 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. At 6:27 p.m. Senator Wentworth resumed the chair. The chair announced the motion in writing by Senator Averitt. Senator Averitt was shown voting aye on the following bills: SB 149, SB 291, SB 672, SCR 7, SB 671 and SB 673. There was no action taken on the following bills: SB 145 and SB 349. There being no further business, at 6:28 p.m. Senator Averitt 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