MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Wednesday, April 22, 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 22, 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 Juan Hinojosa

Senator Kirk Watson

 

Senator Chris Harris

 

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The chair called the meeting to order at 3:16 p.m.  The following business was transacted: 

 

The chair laid out SB 2193 and recognized the author, Senator Huffman, 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 1740 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 Duncan moved that SB 1740 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, 0 nay, 0 present not voting, and 3 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 2344 and recognized the author, Senator Uresti, to explain the bill. 

Senator Duncan 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 Gallegos, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Gallegos, Jr. moved that SB 2344 do not pass but that CSSB 2344 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 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 2435 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 Duncan moved that SB 2435 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, 0 nay, 0 present not voting, and 3 absent.  Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

At 3:45 p.m. Senator Gallegos, Jr. assumed the chair. 

 

The chair laid out SB 2444 and recognized the author, Senator Uresti, to explain the bill. 

 

At 3:48 p.m. Senator Duncan assumed the chair. 

 

Senator Carona sent up a committee substitute for SB 2444; the chair recognized Senator Uresti 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 Hinojosa moved that SB 2444 do not pass but that CSSB 2444 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent.  Senator Hinojosa 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.

 

The chair laid out SB 1675 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 1675 do not pass but that CSSB 1675 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 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 1767 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.  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 1767 do not pass but that CSSB 1767 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 absent. 

 

At 4:07 p.m. Senator Wentworth resumed the chair. 

 

Senator Watson moved adoption of the minutes from the previous hearing held on April 15, 2009; without objection, it was so ordered. 

 

The chair laid out SCR 59 and recognized Senator Carona, in the absence of the author, 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. 

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 as a matter of pending business SB 1598 and recognized the author, Senator Watson, to explain the bill.  Senator Watson moved to withdraw the committee substitute that was adopted at a previous hearing; without objection, it was so ordered.  Senator Watson sent up a new 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 moved to withdraw a committee amendment that was adopted at a previous hearing; without objection, it was so ordered.  Senator Watson sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Watson requested unanimous consent to roll Committee Amendment 1 into the committee substitute; without objection, it was so ordered.  Senator Watson then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Watson moved that SB 1598 do not pass but that CSSB 1598 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 4 ayes, 0 nay, 0 present not voting, and 3 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 HB 609.  Senator Wentworth, the Senate sponsor, 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 Wentworth moved that HB 609 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, 0 nay, 0 present not voting, and 3 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 2221 and recognized Senator Hinojosa, in the absence of the author, to explain the bill.  Senator Hinojosa moved to withdraw the committee substitute that was adopted at a previous hearing; without objection, it was so ordered.  Senator Hinojosa sent up a new 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. 

Senator Hinojosa 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 4 ayes, 0 nay, 0 present not voting, and 3 absent.  Senator Hinojosa moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

At 5:12 p.m. the Committee stood at ease.

 

At 5:20 p.m. the Committee reconvened.

 

There being no further business, at 5:30 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