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