MINUTES SENATE COMMITTEE ON JURISPRUDENCE Friday, May 20, 2005 11:00 a.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 Friday, May 20, 2005, in the Capitol Extension, Room E1.012, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Jeff Wentworth Senator Kip Averitt Senator Mario Gallegos, Jr. Senator Robert Duncan Senator Chris Harris Senator Juan Hinojosa Senator Royce West ***** The chair called the meeting to order at 9:55 p.m. The following business was transacted: At 9:55 p.m. Senator Harris assumed the chair. The chair laid out HB 1238 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 1238 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 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 1472 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Wentworth moved that HB 1472 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 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 3515 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Wentworth moved that HB 3515 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 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 2668 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Wentworth moved that HB 2668 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. At 10:02 p.m. Senator Wentworth resumed the chair. The chair laid out HB 3531 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 3531 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. The chair laid out HCR 153 and recognized the Senate sponsor, Senator West, 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 HCR 153 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 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 440 and recognized Senator Harris, 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 Harris moved that HB 440 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. The chair laid out HB 1999 and recognized Senator Harris, in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Harris moved that HB 1999 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 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 3441 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 3441 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 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 383 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Hinojosa moved that HB 383 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 1404 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Hinojosa moved that HB 1404 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 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 260 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 Hinojosa moved that HB 260 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. The chair laid out HB 209 and recognized Senator Harris, in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Harris moved that HB 209 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. The chair laid out HB 3098 and recognized Senator Harris, in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Harris moved that HB 3098 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 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 3542 and recognized Senator Harris, in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Harris moved that HB 3542 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 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 3015 and recognized Senator Hinojosa, in the absence of the Senate sponsor, to explain the bill. There were no witnesses on the bill. The bill was left pending. The chair laid out HB 3045 and recognized Senator Hinojosa, 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 3045 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 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 371 and recognized Senator Hinojosa, 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 371 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. The chair laid out HB 3557 and recognized the Senate sponsor, Senator Harris, to explain the bill. There were no witnesses on the bill. Upon arrival of a quorum, Senator Harris moved that HB 3557 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. At 10:32 p.m. the chair announced the committee would stand at ease to await the arrival of a quorum. At 10:36 p.m. the committee reconvened. The clerk called roll. Senator Wentworth moved adoption of the minutes from the previous hearings held on May 18, 2005, and May 19, 2005; without objection, it was so ordered. The chair laid out HB 2795. Senator Harris moved that HB 2795 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. The chair announced the motions in writing by Senator Gallegos. Senator Gallegos was shown voting aye on the following bills: HB 209, HB 260, HB 440, HB 1238, HB 1472, HB 1999, HB 2668, HB 3045, HB 3098, HB 3441. There was no action taken on the following bills: HB 1905 and HB 2531. Senator Wentworth suspended the 24 hour posting rules to hear HB 383, HB 1404, HB 3531, HB 3557. There being no further business, at 10:54 p.m. Senator Wentworth moved that the Committee be adjourned. Without objection, it was so ordered. _____________________________ Senator Jeff Wentworth, Chair _____________________________ Stephanie Hoover, Clerk