MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, April 18, 2007

1:30 p.m.

Capitol Extension, Room E1.012

 

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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 18, 2007, in the Capitol Extension, Room E1.012, at Austin, Texas.

 

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MEMBERS PRESENT:		MEMBERS ABSENT:
Senator Jeff Wentworth Senator Juan Hinojosa Senator Robert Duncan Senator Mario Gallegos, Jr. Senator Chris Harris Senator Kirk Watson		Senator John Carona

 

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The chair called the meeting to order at 2:48 p.m.  The following business was transacted: 

 

The chair laid out SB 1164.  This was a pending bill.  Senator Estes explained the committee substitute.

 

The bill was left pending.

 

The chair laid out HB 622 and recognized the Senate sponsor, Senator Estes, 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 622 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 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 1783 and recognized the author, Senator Janek, 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 Watson moved that SB 1783 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HB 585 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. 

 

The bill was left pending.

 

The chair laid out SB 1915 and recognized the author, Senator Shapleigh, to explain the bill. 

 

Senator Harris sent up a committee substitute; the chair recognized Senator Shapleigh to explain the difference between the committee substitute and the senate 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 Harris moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Harris moved that SB 1915 do not pass but that CSSB 1915 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 2009 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. 

 

Upon arrival of a quorum, Senator Hinojosa moved that SB 2009 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SCR 49 and recognized the author, Senator Ellis, 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 Watson moved that SCR 49 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 3:11 p.m. Senator Watson assumed the chair. 

 

At 3:12 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out HB 368 and recognized the Senate sponsor, Senator Watson, 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 Watson moved that HB 368 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out HJR 36 and recognized the Senate sponsor, Senator Watson, to explain the bill. 

 

Senator Watson 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 Watson moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Watson requested unanimous consent to incorporate Amendment 1 into the body of the bill; without objection, it was so ordered.  Senator Watson then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Watson moved that HJR 36 do not pass but that CSHJR 36 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 1 nay, 0 present not voting, and 1 absent. 

 

At 3:25 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 429 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. 

 

Upon arrival of a quorum, Senator Harris sent up a committee substitute; the chair recognized Senator Harris to explain the difference between the committee substitute and the senate bill as filed.  Senator Harris moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Harris moved that SB 429 do not pass but that CSSB 429 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 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 1518 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 1518 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. 

 

At 3:40 p.m. Senator Harris assumed the chair. 

 

The chair laid out SB 1125 and recognized Senator Hinojosa, in the absence of the author, to explain the bill. 

 

Senator Watson sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the senate 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 Watson moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Watson moved that SB 1125 do not pass but that CSSB 1125 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 Watson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out SB 1230 and recognized Senator Hinojosa, in the absence of the author, to explain the bill. 

 

Senator Harris sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the senate bill as filed. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 3:45 p.m. Senator Wentworth resumed the chair. 

 

Testimony continued on SB 1230.

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Harris moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Harris moved that SB 1230 do not pass but that CSSB 1230 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The clerk called roll.  There was a quorum present.

 

Senator Harris moved adoption of the minutes from the previous hearing held on April 11, 2007; without objection, it was so ordered. 

 

The chair laid out SB 1556 and recognized the author, Senator Hinojosa, to explain the bill. 

 

There were no witnesses on the bill.

 

Senator Watson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Hinojosa requested unanimous consent to incorporate Amendment 1 into the body of the bill; without objection, it was so ordered.  Senator Hinojosa then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Hinojosa moved that SB 1556 do not pass but that CSSB 1556 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. 

 

At 3:58 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 1392 and recognized the author, Senator Uresti, 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 SB 1392 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 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 280 and recognized the author, Senator Gallegos, Jr., 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 senate bill as filed. 

 

Witnesses testifying and registering on the bill are shown on the attached list. 

 

At 4:25 p.m. Senator Wentworth resumed the chair. 

 

Testimony continued on SB 280.

 

The chair moved that the public testimony be closed; without objection, it was so ordered. 

 

Senator Gallegos, Jr. moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Gallegos, Jr. moved that SB 280 do not pass but that CSSB 280 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 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 CSSB 232.  This was a pending bill.

 

Senator Harris moved that SB 232 do not pass but that CSSB 232 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 583.  This was a pending bill.

 

Senator Wentworth sent up a committee substitute; Senator Wentworth explained the difference between the committee substitute and the senate bill as filed.  Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Harris moved that SB 583 do not pass but that CSSB 583 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 1 nay, 0 present not voting, and 1 absent. 

 

At 4:45 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out HB 1295 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. 

 

Senator Wentworth moved that HB 1295 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 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 resumed the chair. 

 

The chair laid out SB 1812.  This was a pending bill.

 

Senator Duncan moved that SB 1812 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Harris moved to reconsider the vote by which the bill was certified for the Local & Uncontested Calendar; without objection, it was so ordered.

 

Senator Harris moved that SB 1812 be sent to the Senate floor; without objection, it was so ordered.

 

At 5:02 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 1305.  This was a pending bill.

 

Senator Wentworth moved that Amendment 1 that was adopted at a previous hearing be pulled down; without objection, the amendment was pulled down.

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed.  Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 1305 do not pass but that CSSB 1305 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, 1 nay, 0 present not voting, and 2 absent.       

 

Senator Watson moved to reconsider the vote on CSSB 1305; there was no objection.  

 

Senator Wentworth moved that SB 1305 do not pass but that CSSB 1305 be reported back 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 5:09 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 1782.  This was a pending bill.

 

Senator Watson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. 

 

Senator Watson requested unanimous consent to incorporate Amendment 1 into the body of the bill; without objection, it was so ordered.  Senator Watson then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Watson moved that SB 1782 do not pass but that CSSB 1782 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. 

 

At 5:13 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 1951.  This was a pending bill.

 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed.  Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 1951 do not pass but that CSSB 1951 be reported back 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. 

 

At 5:16 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 221.  This was a pending bill.

 

Senator Wentworth sent up a committee substitute; Senator Wentworth explained the difference between the committee substitute and the senate bill as filed.  Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered. 

 

Senator Wentworth moved that SB 221 do not pass but that CSSB 221 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

Senator Gallegos asked to be shown voting aye on the following bills:  SB 221, SB 1782, SB 1812 and HB 1295.

 

Senator Watson asked to be shown voting aye on the following bills:  SB 1812 and HB 1295. 

 

There was no action taken on the following bills:  SB 1300, SB 1450 and SB 1890.

 

There being no further business, at 5:25 p.m. Senator Wentworth moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Jeff Wentworth, Chair

 

 

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Stephanie Hoover, Clerk