MINUTES 
                                           
                         SENATE COMMITTEE ON JURISPRUDENCE 
                               Wednesday, May 4, 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, May 4, 2005, in the Capitol Extension,  
         Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Jeff Wentworth                  None 
         Senator Mario Gallegos, Jr. 
         Senator Kip Averitt 
         Senator Robert Duncan 
         Senator Chris Harris 
         Senator Juan Hinojosa 
         Senator Royce West 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 3:52 p.m.  The  
         following business was transacted:   
          
         The chair laid out HB 858 and recognized the Senate sponsor,  
         Senator Armbrister, 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 858 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 HB 3475 and recognized the Senate sponsor,  
         Senator Shapleigh, 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 3475 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 1704 and recognized Senator Shapleigh, in  
         the absence of the author, to explain the bill.  Senator  
         Wentworth 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.  Upon arrival of a quorum, Senator  
         Wentworth moved adoption of the committee substitute; without  
         objection, it was so ordered.  Senator Wentworth moved that SB  
         1704 do not pass but that CSSB 1704 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 HB 3240 and recognized the Senate sponsor,  
         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 HB 3240 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 Averitt moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 413 and recognized Senator West, 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 West moved that HB 413 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 absent.  Senator West moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         The chair laid out HB 2231 and recognized the Senate sponsor,  
         Senator Deuell, 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  
         West moved that HB 2231 be reported favorably to the Senate with  
         the recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 0 absent.  Senator West moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.      
          
         The chair laid out HB 2256 and recognized Senator Averitt, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         were no witnesses on the bill.  Upon arrival of a quorum,  
         Senator Averitt moved that HB 2256 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
  
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 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 HB 81 and recognized Senator West, 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 81 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 3489 and recognized Senator Averitt, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         were no witnesses on the bill.  Upon arrival of a quorum,  
         Senator Averitt moved that HB 3489 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 Averitt moved that  
         the bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         At 4:13 p.m. Senator West assumed the chair.   
          
         The chair laid out HB 1174 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 1174 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 1182 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 1182 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 1501 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 1501 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 1686 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 1686 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 3265 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.  The bill was left pending. 
          
         At 4:40 p.m. Senator Wentworth resumed the chair.   
          
         The chair laid out HB 202 and recognized the Senate sponsor,  
         Senator Harris, to explain the bill.  Senator Harris sent up  
         Committee Amendment 1 and moved adoption.  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 Committee Amendment 1; without  
         objection, the amendment was adopted.  Senator Harris moved to  
         roll Committee Amendment 1 into the body of the bill; without  
         objection, it was so ordered.  Senator Harris moved adoption of  
         the committee substitute; without objection, it was so ordered.   
         Senator Harris moved that HB 202 do not pass but that CSHB 202  
         be reported back to the Senate with the recommendation that it  
         do pass and be printed.  The motion carried with a record vote  
         of 7 ayes, 0 nay, 0 present not voting, and 0 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 HB 203 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Harris moved that HB 203 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
  
         not voting, and 0 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 HB 204 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Harris moved that HB 204 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 230 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Harris moved that HB 230 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 HB 307 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Harris moved that HB 307 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 HB 678 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Harris moved that HB 678 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 HB 1191 and recognized the Senate sponsor,  
         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.  Upon arrival of a quorum, Senator  
         Harris moved that HB 1191 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 HB 1418 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 1418 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 0 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 723 and recognized Senator Duncan, 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 Duncan moved that HB 723 be reported favorably to the  
         Senate with the recommendation that it do pass and be printed.   
         The motion carried with a record vote of 7 ayes, 0 nay, 0  
         present not voting, and 0 absent.  Senator Duncan moved that the  
         bill be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.     
          
         The clerk called roll. 
          
         Senator Duncan moved adoption of the minutes from the previous  
         hearing held on April 27, 2005; without objection, it was so  
         ordered.   
          
         The chair laid out HB 1190 by Senator Harris.  Senator Harris  
         moved that HB 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 Harris moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Wentworth read the motion in writing by Senator  
         Gallegos.   
          
         Senator Gallegos was shown voting aye on the following bills:   
         HB 81, HB 202, HB 203, HB 204, HB 230, HB 307, HB 413, HB 678,  
         HB 723, HB 858, HB 1174, HB 1182, HB 1191, HB 1418, HB 1501, HB  
         1686, HB 2231, HB 2256, HB 3475. 
          
         There being no further business, at 5:32 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