MINUTES SENATE COMMITTEE ON JURISPRUDENCE Wednesday, April 27, 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 27, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jeff Wentworth Senator Robert Duncan Senator Mario Gallegos, Jr. Senator Chris Harris Senator Kip Averitt Senator Royce West Senator Juan Hinojosa ***** The chair called the meeting to order at 3:47 p.m. The following business was transacted: The chair laid out SB 1450 and recognized the author, Senator Averitt, 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 Averitt moved that SB 1450 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 3:50 p.m. Senator Gallegos, Jr. assumed the chair. The chair laid out HB 231 and recognized the Senate sponsor, 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 HB 231 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. The chair laid out HB 282 and recognized the Senate sponsor, 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 HB 282 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. The chair laid out HB 1077 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. Senator Wentworth laid out a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the bill as filed. Senator Wentworth laid out 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 Wentworth moved adoption of the committee substitute and Committee Amendment 1; without objection, it was so ordered. Senator Wentworth requested unanimous consent to incorporate Committee Amendment 1 into the committee substitute; without objection, it was so ordered. Senator Wentworth then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Wentworth moved that HB 1077 do not pass but that CSHB 1077 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 4:01 p.m. Senator Wentworth resumed the chair. The chair laid out SB 1868 and recognized the author, Senator Deuell, to explain the bill. Senator Gallegos, Jr. sent up a committee substitute. 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 HB 330 and recognized the Senate sponsor, Senator Deuell, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Hinojosa moved that HB 330 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 564 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Hinojosa moved that HB 564 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 593 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Gallegos, Jr. moved that HB 593 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 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 HB 595 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. Senator Gallegos, Jr. sent up a committee substitute; the chair recognized Senator Gallegos, Jr. 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 Gallegos, Jr. moved that HB 595 do not pass but that CSHB 595 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 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 HB 597 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Gallegos, Jr. moved that HB 597 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 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 1875 and recognized the author, Senator Hinojosa, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Wentworth sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 1875 do not pass but that CSSB 1875 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 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 HB 2913 and recognized the Senate sponsor, 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. Upon arrival of a quorum, Senator Hinojosa moved that HB 2913 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HB 729 and recognized Senator Hinojosa, in the absence of the Senate sponsor, 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 Averitt moved that HB 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 4 ayes, 0 nay, 0 present not voting, and 3 absent. Senator Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 1122 and recognized Senator Gallegos, Jr., 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 1122 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 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 1597 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. Senator Gallegos, Jr. sent up a committee substitute; the chair recognized Senator Gallegos, Jr. 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 Averitt moved that SB 1597 do not pass but that CSSB 1597 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. The chair laid out SB 1152 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. Senator Gallegos, Jr. sent up a committee substitute; the chair recognized Senator Gallegos, Jr. 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 Gallegos, Jr. moved that SB 1152 do not pass but that CSSB 1152 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 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 1768 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. Senator Gallegos, Jr. 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 Gallegos moved adoption of Committee Amendment 1; without objection, the amendment was adopted. Senator Gallegos moved to roll Committee Amendment 1 into the body of the bill; without objection, it was so ordered. Senator Gallegos moved adoption of the committee substitute; without objection, it was so ordered. Senator Gallegos, Jr. moved that SB 1768 do not pass but that CSSB 1768 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 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 HB 1190 and recognized Senator Gallegos, Jr., in the absence of the Senate sponsor, 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 1704 and recognized Senator Gallegos, Jr., in the absence of the author, to explain the bill. Witnesses testifying and registering on the bill are shown on the attached list. During public testimony on SB 1704 the following business was transacted. The clerk called roll. A quorum was present. Senator Gallegos, Jr. moved adoption of the minutes from the previous hearings held on April 20, 2005 and April 21, 2005; without objection, it was so ordered. The following bills were pending bills. The chair laid out SB 349. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Wentworth moved that SB 349 do not pass but that CSSB 349 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. The chair laid out SB 504. 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 Gallegos, Jr. moved that SB 504 do not pass but that CSSB 504 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. The chair laid out SB 952. Senator Wentworth sent up a committee substitute. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Hinojosa moved that SB 952 do not pass but that CSSB 952 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 Averitt moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 978. Senator Wentworth sent up a committee substitute. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Averitt moved that SB 978 do not pass but that CSSB 978 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 Gallegos moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out SB 534. Senator Wentworth sent up a committee substitute. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Hinojosa moved that SB 534 do not pass but that CSSB 534 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. The chair laid out SB 1003. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Gallegos moved that SB 1003 do not pass but that CSSB 1003 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. The chair laid out SB 1657. Senator Wentworth sent up a committee substitute. Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. Senator Hinojosa moved that SB 1657 do not pass but that CSSB 1657 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. Testimony continued on SB 1704. Public testimony was closed and the bill was left pending. There being no further business, at 6:26 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