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MINUTES

 

SENATE COMMITTEE ON JURISPRUDENCE

Tuesday, April 5, 2011

1:30 PM or upon adjournment

Betty King Committee Room

 

*****

 

Pursuant to a notice posted in accordance with Senate Rule 11.10 and 11.18, a public hearing of the Senate Committee on Jurisprudence was held on Tuesday, April 5, 2011, in the Betty King Committee Room at Austin, Texas.

 

*****

 

MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Chris Harris, Chair

 

Senator Joan Huffman

Senator Jose Rodriguez, Vice Chair

 

 

Senator John Carona

 

 

Senator Robert Duncan

 

 

Senator Mario Gallegos, Jr.

 

 

Senator Carlos Uresti

 

 

 

*****

 

The chair called the meeting to order at 1:45 PM. There being a quorum present at 2:20, the following business was transacted:

 

The following members arrived after the roll was called:

Senator Carona

Senator Duncan

 

The chair laid out SB 910 and recognized the author, Senator Lucio, to explain the bill.

 

Witnesses 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 910 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that SB 910 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 910.

 

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 1886 and recognized Senator Lucio, in the absence of the author, to explain the bill.

 

No witnesses registered or testified on SB 1886. The chair moved that the public testimony be closed; without objection, it was so ordered.

 

Senator Harris moved that SB 1886 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Harris moved that SB 1886 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1886.

 

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 1195 and recognized the author, Senator Rodriguez, 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 1195 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Rodriguez moved that SB 1195 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1195.

 

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 1490 and recognized the author, Senator Uresti, to explain the bill.

 

Senator Uresti 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.

 

Senator Harris moved that SB 1490 be left pending to await a quorum; without objection, it was so ordered. Upon arrival of a quorum, Senator Uresti moved adoption of the committee substitute; without objection, it was so ordered. Senator Uresti moved that SB 1490 do not pass but that CSSB 1490 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1490.

 

Senator Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out SB 120 and recognized the author, Senator Uresti, to explain the bill.

 

Senator Uresti 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.

 

Senator Harris moved that SB 120 be left pending to await a quorum; 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 Uresti moved that SB 120 do not pass but that CSSB 120 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 nays, 0 present not voting, and 2 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 120.

 

Senator Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 2:15 PM Senator Rodriguez assumed the chair.

 

The chair laid out SB 820 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.

 

Senator Rodriguez moved that SB 820 be left pending; without objection, it was so ordered.

 

The chair laid out SB 1887 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.

 

Senator Rodriguez moved that SB 1887 be left pending; without objection, it was so ordered.

 

At 2:30 PM Senator Harris resumed the chair.

 

The chair laid out SB 1494 and recognized the author, Senator Uresti, to explain the bill.

 

Witnesses 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 Uresti moved that SB 1494 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 nays, 0 present not voting, and 1 absent. Senator Duncan and Senator Carona submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1494.

 

Senator Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 2:34 PM Senator Rodriguez assumed the chair.

 

The chair laid out SB 1617 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.

 

Senator Harris moved that SB 1617 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1617.

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 2:45 PM Senator Harris resumed the chair.

 

The chair laid out SB 1521 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.

 

Senator Uresti moved that SB 1521 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1521.

 

Senator Uresti moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out SB 1607 and recognized the author, Senator Carona, 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 Carona moved that SB 1607 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1607.

 

Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 2:57 PM Senator Carona assumed the chair.

 

As a matter of pending business, the Chair laid out SB 820.

 

Senator Harris moved that SB 820 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 nays, 0 present not voting, and 2 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 820.

 

Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

As a matter of pending business, the Chair laid out SB 1887.

 

Senator Harris moved that SB 1887 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 nays, 0 present not voting, and 1 absent. Senator Duncan submitted a motion in writing requesting unanimous consent to be shown voting Aye on SB 1887.

 

Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

At 3:00 PM Senator Harris resumed the chair.

 

As a matter of pending business, the Chair laid out SB 218.

 

Senator Rodriguez sent up a committee substitute; Senator Rodriguez moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Rodriguez sent up Committee Amendment 1 and moved adoption;

 

Senator Rodriguez requested unanimous consent to incorporate the amendment into a new committee substitute; without objection, it was so ordered. Senator Rodriguez then moved that the new committee substitute be adopted; without objection, it was so ordered. Senator Rodriguez moved that SB 218 do not pass but that CSSB 218 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 nays, 0 present not voting, and 1 absent.

 

There being no further business, at 3:05 PM Senator Harris moved that the Committee stand recessed subject to the call of the chair. Without objection, it was so ordered.

 

 

 

 

 

 

 

__________________________________________

Senator Chris Harris, Chair

 

 

__________________________________________

Katie Qualls, Clerk