MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, March 18, 2009

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, March 18, 2009, in the Capitol Extension, Room E1.012, at Austin, Texas.

 

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

 

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The chair called the meeting to order at 1:56 p.m.  The following business was transacted: 

 

The chair laid out SB 780 and recognized the author, 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 SB 780 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 SB 935 and recognized the author, Senator Seliger, 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 657 and recognized the author, Senator Fraser, to explain the bill.  Senator Wentworth sent up a committee substitute; the chair recognized Senator Fraser 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 657 do not pass but that CSSB 657 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. 

 

The chair laid out SB 812 and recognized the author, Senator Hegar, 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 SB 812 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.    

 

The chair laid out SB 82 and recognized Senator Harris, in the absence of the author, 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 SB 82 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 2:50 p.m. the Committee stood at ease.

 

At 2:53 p.m. the Committee reconvened.

 

At 2:53 p.m. Senator Watson assumed the chair.  

 

The chair laid out SB 83 and recognized Senator Harris, in the absence of the author, 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 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 83 do not pass but that CSSB 83 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 518 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 moved that SB 518 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. 

 

The chair laid out SB 519 and recognized the author, 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 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 519 do not pass but that CSSB 519 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.  

 

At 3:40 p.m. Senator Wentworth resumed the chair. 

 

At 4:15 p.m. the Committee recessed.

 

At 4:20 p.m. the committee reconvened.    

 

The chair laid out SB 491 and recognized Senator Watson, in the absence of the author, 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 491 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. 

 

The clerk called roll.  There was a quorum present.

 

Senator Harris, Senator Hinojosa and Senator Watson moved adoption of the minutes from the previous hearing held on March 4, 2009; without objection, it was so ordered. 

 

The chair laid out SB 658 and SB 659.  The chair recognized Senator Watson, in the absence of the author, to explain the bills.  Witnesses testifying and registering on the bills 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 658 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.  Senator Watson then moved that SB 659 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 4:32 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 742 and recognized the author, 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 SB 742 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 4:40 p.m. Senator Wentworth resumed the chair. 

 

At 4:54 p.m. Senator Gallegos, Jr. assumed the chair. 

 

The chair laid out as a matter of pending business SB 431 and recognized the author, Senator Wentworth, to explain the bill.  Senator Wentworth pulled down a previous committee substitute.  Senator Wentworth sent up a new 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 to reopen public testimony on the bill; 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 sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Wentworth requested unanimous consent to roll Amendment 1 into a committee substitute; without objection, it was so ordered.  Senator Wentworth then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Wentworth moved that SB 431 do not pass but that CSSB 431 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. 

 

The chair laid out as a matter of pending business SB 432 and recognized the author, Senator Wentworth, to explain the bill.  Senator Wentworth moved adoption of the committee substitute; without objection, it was so ordered.  Senator Wentworth moved that SB 432 do not pass but that CSSB 432 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.   

 

At 5:06 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out as a matter of pending business SB 408 and recognized Senator Watson, in the absence of the author, to explain the bill.  Senator Watson sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the senate bill as filed. 

 

At 5:15 p.m. the Committee stood at ease.

 

At 5:29 p.m. the committee reconvened. 

 

The chair moved to reopen public testimony on the SB 408; 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 Carona moved adoption of the committee substitute to SB 408; without objection, it was so ordered.  Senator Carona moved that SB 408 do not pass but that CSSB 408 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 478 and recognized the author, Senator Carona, to explain the bill. The chair moved to reopen public testimony on the bill; 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 Carona sent up a committee substitute; the chair recognized Senator Carona to explain the difference between the committee substitute and the senate bill as filed.  Senator Carona moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona moved that SB 478 do not pass but that CSSB 478 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 Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

There was no action taken for the following bills:  SB 312 and SB 320

 

There being no further business, at 5:41 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