MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, May 16, 2007

1:30 p.m. or upon adjournment

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, May 16, 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 John Carona Senator Chris Harris Senator Kirk Watson		Senator Robert Duncan Senator Mario Gallegos, Jr.

 

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The chair called the meeting to order at 5:10 p.m.  The following business was transacted: 

 

The chair laid out HB 1930 and recognized the Senate sponsor, Senator Fraser, 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 1930 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 3992 and recognized the Senate sponsor, Senator Estes, to explain the bill. 

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Watson moved that HB 3992 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 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 3993 and recognized the Senate sponsor, Senator Estes, to explain the bill. 

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Watson moved that HB 3993 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 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 4008 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 4008 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 1500 and recognized the Senate sponsor, Senator Eltife, to explain the bill. 

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Harris moved that HB 1500 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 2691 and recognized the Senate sponsor, 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 HB 2691 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 1481 and recognized the Senate sponsor, 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 HB 1481 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 4107 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. 

 

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

 

Senator Hinojosa moved that HB 4107, as amended, 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 Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:34 p.m. Senator Harris assumed the chair. 

 

The chair laid out HB 4007 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. 

 

Senator Hinojosa sent up Committee Amendment 1.

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Hinojosa moved adoption of Committee Amendment 1; without objection, the amendment was adopted. 

 

Senator Hinojosa moved that HB 4007, as amended, 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 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 3537 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 3537 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 1864 and recognized the Senate sponsor, Senator Hinojosa, to explain the bill. 

 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the house bill as engrossed. 

 

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

 

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 committee substitute; without objection, it was so ordered. 

 

Senator Hinojosa then moved that the new committee substitute be adopted; without objection, it was so ordered. 

 

Senator Watson moved to reconsider the vote on the new committee substitute; without objection, it was so ordered.

 

Senator Watson moved to reconsider the vote on Committee Amendment 1; without objection, it was so ordered.

 

The original committee substitute that was previously adopted was again before the committee.

 

Senator Hinojosa moved that HB 1864 do not pass but that CSHB 1864 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. 

 

The chair laid out HB 335 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 335 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 1473 and recognized Senator Hinojosa, in the absence of the Senate sponsor, to explain the bill. 

 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator Hinojosa to explain the difference between the committee substitute and the house bill as engrossed. 

 

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 HB 1473 do not pass but that CSHB 1473 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 HB 3063 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 3063 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. 

 

At 5:52 p.m. Senator Wentworth resumed the chair. 

 

The clerk called roll.  There was a quorum present.

 

Senator Watson moved adoption of the minutes from the previous hearing held on May 9, 2007; without objection, it was so ordered. 

 

The chair laid out HB 4039 and recognized Senator Harris, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses on the bill.

 

Senator Harris moved that HB 4039 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 4040 and recognized Senator Harris, in the absence of the Senate sponsor, to explain the bill.  

 

There were no witnesses on the bill.

 

Senator Harris moved that HB 4040 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 1995 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. 

 

Senator Watson moved that HB 1995 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 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 3060 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. 

 

Senator Watson moved that HB 3060 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 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 4094 and recognized Senator Watson, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses on the bill.

 

Senator Watson moved that HB 4094 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 3460 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 3460 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 3293 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 3293 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 4037 and recognized Senator Carona, in the absence of the Senate sponsor, to explain the bill. 

 

There were no witnesses on the bill.

 

Upon arrival of a quorum, Senator Watson moved that HB 4037 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 3593 and recognized Senator Carona, 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 3593 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 2617 and recognized Senator Carona, 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 Watson moved that HB 2617 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 772 and recognized the Senate sponsor, Senator Harris, to explain the bill. 

 

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

 

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 Harris moved that HB 772 do not pass but that CSHB 772 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. 

 

The chair laid out HB 2738 and recognized the Senate sponsor, Senator Harris, to explain the bill. 

 

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

 

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 Harris moved that HB 2738, as amended, 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 1352 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. 

 

Senator Harris moved that HB 1352 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. 

 

The chair laid out HB 782 and recognized the Senate sponsor, Senator Harris, to explain the bill. 

 

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

 

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 Harris moved that HB 782 do not pass but that CSHB 782 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 3997 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 3997 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 8:30 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out HB 567 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

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

 

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 567 do not pass but that CSHB 567 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 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 2138 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

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

 

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 2138, as amended, 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 2479 and recognized the Senate sponsor, Senator Wentworth, to explain the bill. 

 

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

 

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 2479, as amended, 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 3135 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 3135 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 3199 and recognized the Senate sponsor, Senator Wentworth, to explain the bill.  This was a pending bill.

 

There were no witnesses on the bill.

 

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

 

Senator Wentworth moved that HB 3199 do not pass but that CSHB 3199 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 Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 9:01 p.m. Senator Wentworth resumed the chair. 

 

There was no action taken on HB 2137.

 

There being no further business, at 9:03 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