MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, April 15, 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 15, 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 Robert Duncan Senator Juan Hinojosa Senator Kirk Watson		Senator John Carona Senator Chris Harris

 

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The chair called the meeting to order at 3:15 p.m.  The following business was transacted: 

 

The chair laid out SB 2297 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.  Senator Watson asked that the bill be left pending to await the arrival of the house bill.

 

The chair laid out SB 2385 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.  Upon arrival of a quorum, Senator Hinojosa moved adoption of the committee substitute; without objection, it was so ordered.  Senator Hinojosa moved that SB 2385 do not pass but that CSSB 2385 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 3:24 p.m. Senator Watson assumed the chair. 

 

The chair laid out SB 2134 and recognized the author, Senator Wentworth, to explain the bill. 

Upon arrival of a quorum, Senator Wentworth moved that SB 2134 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 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 1789 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 1789 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 Wentworth 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. 

 

The chair laid out HB 670 and recognized the Senate sponsor, Senator Ellis, to explain the bill.  Senator Wentworth sent up a committee substitute; the chair recognized Senator Ellis 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 Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that HB 670 do not pass but that CSHB 670 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 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 2217 and recognized the author, Senator Ellis, to explain the bill.  Senator Wentworth 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 Gallegos, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Gallegos, Jr. moved that SB 2217 do not pass but that CSSB 2217 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

The chair laid out SB 2214 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.  The bill was left pending.

 

The chair laid out SB 2279 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 2279 do not pass but that CSSB 2279 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 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 2229 and recognized the author, Senator Averitt, 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 2229 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 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 2230 and recognized the author, Senator Averitt, 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 2230 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 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 24.  In the absence of the author, Senator Wentworth explained the bill.  Senator Wentworth sent up a committee substitute and explained 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 Hinojosa moved adoption of the committee substitute; without objection, it was so ordered.  Senator Hinojosa moved that SB 24 do not pass but that CSSB 24 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 SCR 47.  In the absence of the author, Senator Wentworth explained 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 47 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 SB 1872.  In the absence of the author, Senator Wentworth explained 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 Gallegos, Jr. moved that SB 1872 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 Gallegos, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

The chair laid out SB 1892.  In the absence of the author, Senator Wentworth explained the bill. 

Senator Wentworth sent up a committee substitute and explained 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 chair laid out SB 1062 and recognized the author, Senator Shapiro, to explain the bill. 

Senator Hinojosa sent up a committee substitute; the chair recognized Senator Shapiro 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 Hinojosa moved adoption of the committee substitute; without objection, it was so ordered. 

Senator Hinojosa moved that SB 1062 do not pass but that CSSB 1062 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 1685 and recognized the author, 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 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 Hinojosa moved adoption of the committee substitute; without objection, it was so ordered.  Senator Hinojosa moved that SB 1685 do not pass but that CSSB 1685 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 SB 2073 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 Duncan moved that SB 2073 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 Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 6:00 p.m. Senator Wentworth moved that the committee stand recessed until 6:15 p.m; without objection, it was so ordered. 

 

At 6:19 p.m. the Committee reconvened.

 

The chair laid out SB 2454 and recognized Senator Duncan, 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 Duncan moved that SB 2454 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 Duncan 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 Gallegos, Jr.  and Senator Duncan moved adoption of the minutes from the previous hearing held on April 8, 2009; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1625.  Senator Wentworth explained the bill.  Senator Wentworth pulled down the committee substitute that was offered at a previous hearing and sent up a new committee substitute.  There was no objection.  Senator Wentworth explained 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 that SB 1625 do not pass but that CSSB 1625 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 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 1243.  Senator Wentworth explained the bill.  Senator Wentworth pulled down an amendment that was offered at a previous hearing.  There was no objection.  Senator Wentworth sent up a committee substitute and explained 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 that SB 1243 do not pass but that CSSB 1243 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 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 499.  Senator Gallegos, Jr. moved adoption of the committee substitute that was sent up at a previous hearing; without objection, it was so ordered.  Senator Gallegos, Jr. moved that SB 312 do not pass but that CSSB 312 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 Gallegos, Jr. 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 935 and recognized the author, Senator Seliger, to explain the bill.  Senator Hinojosa moved that SB 935 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 SB 320.  Senator Wentworth explained the bill.  Senator Wentworth sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  The bill was left pending.  

 

The chair laid out as a matter of pending business SB 922 and recognized the author, Senator Duncan, to explain the bill.  Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Watson sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted.  Senator Duncan requested unanimous consent to incorporate amendments into the committee substitute; without objection, it was so ordered.  Senator Duncan then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Duncan moved that SB 922 do not pass but that CSSB 922 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 as a matter of pending business SB 55 and recognized Senator Hinojosa, in the absence of the author, to explain the bill.  A committee substitute was adopted at a previous hearing.  Senator Hinojosa moved that SB 55 do not pass but that CSSB 55 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 312 and recognized the author, Senator Wentworth, to explain the bill. 

Senator Wentworth requested unanimous consent to incorporate amendments that were adopted at a previous hearing into the body of the bill; 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 312 do not pass but that CSSB 312 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 Wentworth 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 SB 1799.

 

There being no further business, at 7:20 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