The House Committee on Judiciary & Civil Jurisprudence

81st Legislature

April 8, 2009

upon final adjourn./recess

JHR 140

 

Pursuant to a notice posted on April 3, 2009, the House Committee on Judiciary & Civil Jurisprudence met in a public hearing and was called to order by the chair, Representative Hunter, at 12:00 p.m.

 

The roll was answered as follows:

 

Present:              Representatives Hunter; Alonzo; Hartnett; Jackson, Jim; Lewis; Madden; Woolley (7).

 

Absent:              Representatives Hughes; Branch; Leibowitz; Martinez, "Mando" (4).

 

A quorum was present.

 

HB 1204

 

The chair laid out HB 1204 as pending business.

 

Representative Lewis moved that HB 1204, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Hartnett; Jackson, Jim; Lewis; Madden; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Branch; Leibowitz; Martinez, "Mando"  (4).

 

HB 1969

 

The chair laid out HB 1969 as pending business.

 

(Representative Martinez, "Mando" now present.)

 

Representative Martinez, "Mando" moved that HB 1969, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Hartnett; Jackson, Jim; Lewis; Madden; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Branch; Leibowitz  (3).

 

HB 3080

 

The chair laid out HB 3080 as pending business.

 

Representative Lewis offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Jackson, Jim moved that HB 3080, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Hartnett; Jackson, Jim; Lewis; Madden; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Branch; Leibowitz  (3).

 

 

HB 2683

 

The chair laid out HB 2683 as pending business.

 

Representative Alonzo moved that HB 2683, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Hartnett; Jackson, Jim; Lewis; Madden; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Branch; Leibowitz  (3).

 

HB 1682

 

The chair laid out HB 1682 as pending business.

 

Representative Lewis moved that HB 1682, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Hartnett; Jackson, Jim; Lewis; Madden; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Branch; Leibowitz  (3).

 

HB 556

 

The chair laid out HB 556 as pending business.

 

Representative Martinez, "Mando" offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

(Representative Branch now present.)

 

Representative Lewis moved that HB 556, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Jackson, Jim; Martinez, "Mando"; Woolley (6).

 

Nays:                             Representatives Hartnett; Madden (2).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Leibowitz; Lewis  (3).

 

HB 1488

 

The chair laid out HB 1488 as pending business.

 

Representative Branch moved that HB 1488, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Jackson, Jim; Madden; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Leibowitz; Lewis  (3).

 

HB 3417

 

The chair laid out HB 3417 as pending business.

 

Representative Martinez, "Mando" moved that HB 3417, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Jackson, Jim; Madden; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Leibowitz; Lewis  (3).

 

HB 3554

 

The chair laid out HB 3554 as pending business.

 

Representative Jackson, Jim offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Hartnett moved that HB 3554, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Jackson, Jim; Madden; Martinez, "Mando"; Woolley (8).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Leibowitz; Lewis  (3).

 

HB 4293

 

The chair laid out HB 4293 as pending business.

 

Representative Woolley moved that HB 4293, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

HB 4068

 

The chair laid out HB 4068 as pending business.

 

Representative Branch offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Madden moved that HB 4068, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

 

HB 1861

 

The chair laid out HB 1861 as pending business.

 

Representative Hartnett offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Alonzo moved that HB 1861, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.

 

The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

 

HB 1804

 

The chair laid out HB 1804 as pending business.

 

Representative Madden moved that HB 1804, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

HB 1833

 

The chair laid out HB 1833 as pending business.

 

Representative Martinez, "Mando" moved that HB 1833, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

HB 853

 

The chair laid out HB 853 as pending business.

 

Representative Madden moved that HB 853, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

HB 494

 

The chair laid out HB 494 as pending business.

 

Representative Woolley moved that HB 494, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

 

HB 3246

 

The chair laid out HB 3246 as pending business.

 

Representative Hartnett offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Branch moved that HB 494, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

HB 313

 

The chair laid out HB 313 as pending business.

 

Representative Madden offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Alonzo moved that HB 313, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Hartnett; Madden; Martinez, "Mando"; Woolley (7).

 

Nays:                             None (0).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

HB 319

 

The chair laid out HB 319 as pending business.

 

Representative Woolley moved that HB 319, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Madden; Martinez, "Mando"; Woolley (6).

 

Nays:                             Representative Hartnett (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

HB 1201

 

The chair laid out HB 1201 as pending business.

 

The bill was left pending without objection.

 

HB 755

 

The chair laid out HB 755 as pending business.

 

Representative Madden moved that HB 755, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed. The motion prevailed by the following record vote:

 

Ayes:                             Representatives Hunter; Alonzo; Branch; Madden; Martinez, "Mando"; Woolley (6).

 

Nays:                             Representative Hartnett (1).

 

Present, Not Voting:     None  (0).

 

Absent:                          Representatives Hughes; Jackson, Jim; Leibowitz; Lewis  (4).

 

(Representative Hughes now present.)

 

HB 2707

 

The chair laid out HB 2707.

 

The chair recognized Representative Hochberg to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Hochberg to close on the measure.

 

The bill was left pending without objection.

 

HB 3324

 

The chair laid out HB 3324.

 

The chair recognized Representative Kleinschmidt to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Kleinschmidt to close on the measure.

 

The bill was left pending without objection.

 

(Representative Leibowitz now present.)

 

HB 144

 

The chair laid out HB 144.

 

The chair recognized Representative McClendon to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative McClendon to close on the measure.

 

The bill was left pending without objection.

 

HB1926, HB966, HB967

 

The chair laid out HB1926, HB966, HB967.

 

The chair recognized Representative Smithee to explain the measures.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Smithee to close on the measures.

 

The bills were left pending without objection.

 

HB 3314

 

The chair laid out HB 3314.

 

The chair recognized Representative Gonzales to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gonzales to close on the measure.

 

The bill was left pending without objection.

 

HB 3315

 

The chair laid out HB 3315.

 

The chair recognized Representative Gonzales to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Gonzales to close on the measure.

 

The bill was left pending without objection.

 

(Representative Madden in chair.)

 

HB 3468

 

The chair laid out HB 3468.

 

Representative Lewis offered a complete committee substitute.

 

The chair recognized Representative Naishtat to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Naishtat to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 4718

 

The chair laid out HB 4718.

 

The chair recognized Representative Lewis to explain and close on the measure.

 

The bill was left pending without objection.

 

(Representative Hughes in chair.)

 

HB 1765

 

The chair laid out HB 1765.

 

The chair recognized Representative Woolley to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Woolley to close on the measure.

 

The bill was left pending without objection.

 

HB 2724

 

The chair laid out HB 2724.

 

The chair recognized Representative Woolley to explain and close on the measure.

 

The bill was left pending without objection.

 

HB 3723

 

The chair laid out HB 3723.

 

Representative Martinez, "Mando" offered a complete committee substitute.

 

The chair recognized Representative Woolley to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Woolley to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2565

 

The chair laid out HB 2565.

 

Representative Lewis offered a complete committee substitute.

 

The chair recognized Representative Frost to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Frost to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 1608

 

The chair laid out HB 1608.

 

Representative Hughes offered a complete committee substitute.

 

The chair recognized Representative Madden to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Madden to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 4127

 

The chair laid out HB 4127.

 

The chair recognized Representative Hartnett to explain the measure.

 

Representative Hughes offered a complete committee substitute.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Hartnett to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 4126

 

The chair laid out HB 4126.

 

Representative Lewis offered a complete committee substitute.

 

The chair recognized Representative Hartnett to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Hartnett to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Hunter in chair.)

 

HB 320

 

The chair laid out HB 320.

 

The chair recognized Representative Hughes to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Hughes to close on the measure.

 

The bill was left pending without objection.

 

HB 2202

 

The chair laid out HB 2202.

 

The chair recognized Representative Castro to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

(Representative Hughes in chair.)

 

The chair recognized Representative Castro to close on the measure.

 

The bill was left pending without objection.

 

 HB 1460

 

The chair laid out HB 1460.

 

(Representative Madden in chair.)

 

Representative Martinez, "Mando" offered a complete committee substitute.

 

The chair recognized Representative Hughes to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Hughes to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 1461

 

The chair laid out HB 1461.

 

Representative Leibowitz offered a complete committee substitute.

 

The chair recognized Representative Hughes to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Hughes to close on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

(Representative Hughes in chair.)

 

HB 2331

 

The chair laid out HB 2331.

 

The chair recognized Representative Martinez, "Mando" to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair recognized Representative Martinez, "Mando" to close on the measure.

 

The bill was left pending without objection.

 

(Representative Hunter in chair.)

 

 

HB 4097

 

The chair laid out HB 4097.

 

Representative Jackson, Jim offered a complete committee substitute.

 

The chair recognized Representative Eiland to explain the measure.

 

Testimony taken/registration recorded.  (See attached witness list.)

 

The chair closed on the measure.

 

The committee substitute was withdrawn without objection.

 

The bill was left pending without objection.

 

HB 2841, HB 2842, HB 2843, HB 2844

 

No action taken on these bills.

 

At 5:43 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________

Rep. Hunter, Chair

 

 

________________________

Jennifer Welch, Clerk