MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Wednesday, April 6, 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, April 6, 2005, in the Capitol Extension,
Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Jeff Wentworth Senator Chris Harris
Senator Mario Gallegos, Jr.
Senator Kip Averitt
Senator Robert Duncan
Senator Juan Hinojosa
Senator Royce West
*****
The chair called the meeting to order at 3:07 p.m. The
following business was transacted:
The chair laid out SB 55 and recognized the author, Senator
Nelson, 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
Hinojosa moved that SB 55 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 611 and recognized the author, Senator
Nelson, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Nelson 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. Upon
arrival of a quorum, Senator Wentworth moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Hinojosa moved that SB 611 do not pass but that CSSB 611
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
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 324 and recognized the author, Senator
Janek, to explain the bill. There were no witnesses on the
bill. The bill was left pending.
The chair laid out SB 980 and recognized the author, Senator
Janek, 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 1252 and recognized the author, Senator
Janek, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Janek to
explain the difference between the committee substitute and the
bill as filed. There were no witnesses on the bill. Upon
arrival of a quorum, Senator Wentworth moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Hinojosa moved that SB 1252 do not pass but that CSSB
1252 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 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 1373 and recognized Senator Duncan, 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. Upon arrival of a quorum,
Senator Duncan moved that SB 1373 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 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 353 and recognized Senator Averitt, 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. The bill was left
pending.
At 3:40 p.m. Senator Duncan assumed the chair.
The chair laid out SB 242 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. The bill was left pending.
The chair laid out SB 285 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. The bill was left pending.
The chair laid out SB 729 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. Upon arrival of a quorum, Senator
Wentworth moved that SB 729 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.
At 4:02 p.m. Senator Wentworth resumed the chair.
The chair laid out SB 835 and recognized the author, Senator
Barrientos, 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 1620 and recognized the author, Senator
Lucio, Jr., 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
Hinojosa moved that SB 1620 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.
Senator Duncan moved adoption of the minutes from the previous
hearings held on March 23, 2005, March 29, 2005, and March 30,
2005; without objection, it was so ordered.
The clerk called roll.
The chair laid out SB 679 and recognized the author, Senator
Duncan, to explain the bill. Senator Wentworth sent up a
committee substitute; the chair recognized Senator Duncan to
explain the difference between the committee substitute and the
bill as filed. Senator Wentworth moved adoption of the
committee substitute; without objection, it was so ordered.
Senator Duncan moved that SB 679 do not pass but that CSSB 679
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
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 894. Senator Wentworth sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator Wentworth moved to roll Committee
Amendment 1 into the bill, there was no objection. Senator
Wentworth moved adoption of the committee substitute; without
objection, it was so ordered. Senator Wentworth moved that SB
894 do not pass but that CSSB 894 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 604. Senator Wentworth sent up Committee
Amendment 1 and moved adoption; without objection, the amendment
was adopted. Senator Wentworth sent up a committee substitute.
Senator Wentworth moved adoption of the committee substitute;
without objection, it was so ordered. Senator Wentworth moved
that SB 604 do not pass but that CSSB 604 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 6 ayes, 0
nay, 0 present not voting, and 1 absent.
The chair laid out SB 251 and recognized the author, Senator
West. Senator Wentworth moved that SB 251 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.
The chair laid out SB 165. Senator Wentworth sent up a
committee substitute and explained the difference between the
committee substitute and the bill as filed. Senator Wentworth
moved adoption of the committee substitute; without objection,
it was so ordered. Senator Wentworth moved that SB 165 do not
pass but that CSSB 165 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, 1 nay, 0 present not
voting, and 1 absent.
The chair laid out SB 1477 and recognized the author, Senator
Hinojosa, to explain the bill. There were no witnesses on the
bill. The bill was left pending.
At 5:00 p.m. Senator Duncan assumed the chair.
The chair laid out SB 1459 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. The bill was left pending due to
a lack of a quorum.
The chair laid out SB 1189 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. The bill was left pending.
At 5:11 p.m. Senator Wentworth resumed the chair.
The chair laid out SB 1492 and recognized Senator Duncan, 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. The bill was left
pending.
The chair announced the motions in writing by Senator Gallegos
and Senator West.
Senator Gallegos was shown voting aye on the following bills:
SB 55, SB 611, SB 729, SB 1252, SB 1373, SB 1620, SB 679, SB
894, SB 604 and SB 251. Senator Gallegos was shown voting nay
on the following bill: SB 165.
Senator West was shown voting aye on the following bills: SB
55, SB 611, SB 729, SB 1252, SB 1373, SB 1620, SB 679 and SB
894.
There was no action taken on the following pending bills: SB
145, SB 349, SB 534 and SB 1578.
There being no further business, at 5:20 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