MINUTES 
                                           
                         SENATE COMMITTEE ON JURISPRUDENCE 
                             Wednesday, April 13, 2005 
                                     1:30 p.m. 
                           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 13, 2005, in the Capitol Extension,  
         Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jeff Wentworth                  Senator Royce West 
         Senator Mario Gallegos, Jr. 
         Senator Kip Averitt 
         Senator Robert Duncan 
         Senator Chris Harris 
         Senator Juan Hinojosa 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 1:42 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         The clerk called roll. 
          
         Senator Harris moved adoption of the minutes from the previous  
         hearings held on April 6, 2005 and April 7, 2005; without  
         objection, it was so ordered.   
          
         The chair laid out SB 1147 and recognized the author, 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.  Senator Harris moved that SB 1147  
         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 1151 and recognized the author, 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.  Senator Harris moved that SB 1151  
         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 1153 and recognized the author, 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 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.  Senator Harris moved that  
         SB 1153 do not pass but that CSSB 1153 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 1216 and recognized the author, Senator  
         Hinojosa, 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 Hinojosa moved that SB  
         1216 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, 1 nay, 0 present not voting, and 2  
         absent.   
          
         The chair laid out SB 1424 and recognized the author, Senator  
         Gallegos, 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.  Senator Gallegos, Jr. moved that  
         SB 1424 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.   
          
         The chair laid out SB 1425 and recognized the author, Senator  
         Gallegos, 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.  Senator Gallegos, Jr. moved that  
         SB 1425 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.   
  
         The chair laid out SB 1426 and recognized the author, Senator  
         Gallegos, 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.  Senator Gallegos, Jr. moved that  
         SB 1426 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 2:07 p.m. Senator Harris assumed the chair.   
          
         The chair laid out SB 830 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 Wentworth moved that SB  
         830 be left pending; without objection, it was so ordered.   
          
         The chair laid out SCR 14 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 SCR 14 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, 0 nay, 0 present  
         not voting, and 3 absent.  Senator Wentworth moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.     
          
         At 2:54 p.m. Senator Hinojosa assumed the chair.   
          
         The chair laid out SB 1190 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.  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 1190 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, 0 nay, 0 present not voting, and 3 absent.  Senator  
         Duncan moved to reconsider the vote; without objection, it was  
         so ordered.  Senator Wentworth moved adoption of the committee  
         substitute; without objection, it was so ordered.  Senator  
         Duncan moved that SB 1190 do not pass but that CSSB 1190 be  
         reported back to the Senate with the recommendation that it do  
         pass and be printed.  The motion carried with a record vote of 4  
         ayes, 0 nay, 0 present not voting, and 3 absent.  Senator Duncan  
         moved that the bill be recommended for placement on the Local &  
  
         Uncontested Calendar; without objection, it was so ordered.   
          
         At 3:29 p.m. Senator Wentworth resumed the chair.   
          
         The chair laid out SB 1178 and recognized Senator Hinojosa, 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 Gallegos, Jr. moved that SB 1178 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.   
          
         The chair laid out SB 1071 and recognized Senator Hinojosa, in  
         the absence of the author, to explain the bill.  Senator  
         Hinojosa sent up a committee substitute; the chair recognized  
         Senator Hinojosa 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.  The bill was left pending.  
          
         At 4:00 p.m. Senator Wentworth moved that the committee stand  
         recessed until 4:30 p.m; without objection, it was so ordered.   
          
         At 4:35 p.m. Senator Wentworth moved that the committee stand at  
         ease; without objection, it was so ordered. 
          
         At 4:50 p.m. the committee reconvened.   
          
         The chair laid out SB 1189 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 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.  Senator Wentworth  
         moved that SB 1189 do not pass but that CSSB 1189 be reported  
         back to the Senate with the recommendation that it do pass and  
         be printed.  The motion carried with a record vote of 4 ayes, 0  
         nay, 0 present not voting, and 3 absent.  Senator Wentworth  
         moved that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         At 5:00 p.m. Senator Wentworth moved that the committee stand  
         recessed; without objection, it was so ordered. 
          
         At 5:02 p.m. the committee reconvened.   
          
         The chair announced the motions in writing by Senator Averitt  
  
         and Senator Duncan. 
          
         Senator Averitt was shown voting aye on the following bills:  SB  
         1147, SB 1151, SB 1153, SB  1424, SB 1425, SB 1426 and SB 1178. 
          
         Senator Duncan was shown voting aye on the following bills:  SB  
         1147, SB 1151, SB 1153, SB 1424, SB 1425 and SB 1426.  Senator  
         Duncan was shown voting nay on the following bill:  SB 1216. 
          
         There was no action taken on the following bills:  SB 349 and SB  
         534. 
          
         There being no further business, at 5:03 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