MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, April 8, 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, April 8, 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		None

 

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The chair called the meeting to order at 7:15 p.m.  The following business was transacted: 

 

The chair laid out SB 1838 and recognized the author, Senator Patrick, 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 1838 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 2065 and recognized the author, Senator Davis, to explain the bill.  Senator Watson sent up a committee substitute; the chair recognized Senator Davis 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 2065 do not pass but that CSSB 2065 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  Senator Duncan moved to withdraw his motion to certify SB 2065 for the Local & Uncontested; without objection, it was so ordered. 

 

The chair laid out SB 499 and recognized the author, Senator Lucio, Jr., to explain the bill.  Senator Watson sent up a committee substitute; the chair recognized Senator Lucio, 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.  The chair moved that the public testimony be closed; without objection, it was so ordered.  The bill was left pending.

 

The clerk called roll.  There was a quorum present.

 

Senator Harris moved adoption of the minutes from the previous hearing held on April 1, 2009; without objection, it was so ordered. 

 

The chair laid out SB 666 and recognized the author, Senator Shapleigh, to explain the bill. 

Senator Watson 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.  Senator Harris moved adoption of the committee substitute; without objection, it was so ordered.  Senator Harris moved that SB 666 do not pass but that CSSB 666 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 SB 2197 and recognized the author, Senator Williams, 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 Duncan moved that SB 2197 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1820 and recognized the author, Senator Fraser, to explain the bill. 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator Fraser to explain the difference between the committee substitute and the senate bill as filed.  Upon arrival of a quorum, Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1820 do not pass but that CSSB 1820 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 8:15 p.m. Senator Hinojosa assumed the chair. 

 

The chair laid out SB 1809 and SB 1553.  The chair recognized Senator Wentworth to explain SB 1553.  The chair recognized Senator Wentworth, in the absence of the author, to explain SB 1809.  Senator Wentworth sent up a committee substitute to SB 1553; 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.  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.  Senator Harris sent up Committee Amendment 1.  Senator Harris sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  Senator Wentworth requested unanimous consent to incorporate Committee Amendment 2 into the committee substitute; without objection, it was so ordered.  Senator Wentworth then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Wentworth moved that SB 1553 do not pass but that CSSB 1553 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  SB  1809 was left pending. 

 

At 8:40 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out SB 1598 and recognized the author, Senator Watson, 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.  Senator Watson 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.  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 2221 and recognized the author, Senator Carona, to explain the bill.  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. 

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 2221 do not pass but that CSSB 2221 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, 1 present not voting, and 0 absent.  Senator Carona moved to reconsider the vote; without objection, it was so ordered.  Senator Carona moved to withdraw his motion to report SB 2221 favorably to the full Senate; without objection, it was so ordered.  The bill was left pending.

 

The chair laid out SB 1661 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.  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.  Upon arrival of a quorum, Senator Harris moved that SB 1661 do not pass but that CSSB 1661 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 2325 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 2325 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 55 and recognized Senator Hinojosa, in the absence of the author, 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 senate bill as filed.  Senator Hinojosa 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.  The bill was left pending.

 

The chair laid out SB 58 and recognized Senator Hinojosa, in the absence of the author, 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 senate bill as filed.  Senator Hinojosa 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.  Upon arrival of a quorum, Senator Hinojosa moved that SB 58 do not pass but that CSSB 58 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 62 and recognized Senator Hinojosa, in the absence of the author, 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 senate bill as filed.  Senator Hinojosa 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.  Upon arrival of a quorum, Senator Hinojosa moved that SB 62 do not pass but that CSSB 62 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1811 and recognized the author, Senator Duncan, 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 Duncan moved that SB 1811 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1166 and recognized the author, Senator Duncan, 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 Duncan moved that SB 1166 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1599 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 1599 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 2027 and recognized the author, Senator Watson, 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.  Senator Watson 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.  Upon arrival of a quorum,

Senator Watson moved that SB 2027 do not pass but that CSSB 2027 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1777 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.  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.  Upon arrival of a quorum, Senator Harris moved that SB 1777 do not pass but that CSSB 1777 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1710 and recognized the author, Senator Duncan, to explain the bill. 

Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan 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.  Upon arrival of a quorum,

Senator Duncan moved that SB 1710 do not pass but that CSSB 1710 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 10:32 p.m. Senator Duncan assumed the chair. 

 

The chair laid out SB 1754 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 1754 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 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 1625 and recognized the author, 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 senate bill as filed.  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.  The bill was left pending.

 

The chair laid out SB 2201 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 2201 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Wentworth moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

At 10:57 p.m. Senator Wentworth resumed the chair. 

 

The chair laid out as a matter of pending business SB 865 and recognized the author, Senator Harris, to explain the bill.  Senator Harris sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Harris sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  There was a committee substitute adopted at a previous hearing.  Senator Harris requested unanimous consent to incorporate the amendments 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 865 do not pass but that CSSB 865 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.    

 

There was no action taken on the following bill:  SB 1799

 

There being no further business, at 11:21 a.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