MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, March 25, 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 25, 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 Robert Duncan Senator Chris Harris Senator Juan Hinojosa		Senator Kirk Watson

 

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The chair called the meeting to order at 3:41 p.m.  The following business was transacted: 

 

The chair laid out SB 1369 and recognized the author, Senator Lucio, Jr., 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 1369 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 1048 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 Carona moved that SB 1048 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, 1 present not voting, and 1 absent. 

 

The chair laid out SB 1053 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 Harris moved that SB 1053 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 Hinojosa moved adoption of the minutes from the previous hearing held on March 18, 2009; without objection, it was so ordered. 

 

The chair laid out SB 1055 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 Harris moved that SB 1055 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 1056 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 Harris moved that SB 1056 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 1057 and recognized the author, Senator Uresti, to explain the bill. 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Uresti 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 1057 do not pass but that CSSB 1057 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 1259 and recognized the author, Senator Hegar, to explain the bill. 

Senator Wentworth sent up a committee substitute; the chair recognized Senator Hegar 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 Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1259 do not pass but that CSSB 1259 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

The chair laid out SB 1575 and recognized the author, Senator Hinojosa, to explain the bill.  Senator Hinojosa moved that SB 1575 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 866 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 sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Harris requested unanimous consent to incorporate Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Harris then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Harris moved that SB 866 do not pass but that CSSB 866 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 915 and recognized the author, Senator Ellis, to explain the bill.  Senator Duncan sent up a committee substitute; the chair recognized Senator Ellis 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 Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 915 do not pass but that CSSB 915 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

The chair laid out SCR 33 and recognized Senator Hinojosa, 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 Hinojosa moved that SCR 33 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, 2 nays, 0 present not voting, and 1 absent. 

 

At 5:05 p.m. Senator Gallegos, Jr. assumed the chair. 

 

The chair laid out SB 1066 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 1066 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.   

 

The chair laid out SB 1067 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 1067 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.    

 

The chair laid out SB 1243 and recognized the author, Senator Wentworth, to explain the bill.  Senator Wentworth 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.  The bill was left pending.

 

At 6:00 p.m. Senator Wentworth resumed the chair. 

 

At 6:00 the Committee stood at ease.

 

At 6:09 p.m. the committee reconvened. 

 

At 6:12 p.m. Senator Carona assumed the chair. 

 

At 6:13 p.m. Senator Gallegos assumed the chair.

 

The chair laid out as a matter of pending business SB 312 and recognized the author, Senator Wentworth, to explain the bill.  Senator Wentworth pulled down Amendment 1 and Amendment 3; without objection, it was so ordered.  Senator Wentworth moved adoption of Amendment 2; without objection it was so ordered.  Senator Wentworth sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted.  Senator Wentworth sent up Committee Amendment 5 and moved adoption; without objection, the amendment was adopted.

Senator Wentworth sent up Committee Amendment 6.  Senator Wentworth pulled down Committee Amendment 6.  The bill was left pending.

 

At 6:25 p.m. Senator Wentworth assumed the chair.   

 

There was no action taken on the following bill:  SB 320

 

There being no further business, at 6:42 p.m. Senator Wentworth moved that the Committee be adjourned. Without objection, it was so ordered. 

 

 

 

 

 

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Senator Jeff Wentworth, Chair

 

 

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Stephanie Hoover, Clerk