The House Committee on Judiciary & Civil Jurisprudence

85th Legislature

April 11, 2017

2:00 p.m. or upon final adjourn./recess

E2.026

Pursuant to a notice posted on April 6, 2017, revised on April 6, 2017, the House Committee on Judiciary & Civil Jurisprudence met in a public hearing and was called to order by the chair, Representative Smithee, at 2:09 p.m.

The initial quorum call was answered as follows: Representatives Smithee; Hernandez; Laubenberg; Murr; Neave; Rinaldi; and Schofield.

A quorum was present.

(Representative Farrar now present.)

HB 3971

The chair laid out HB 3971.

The chair recognized Representative Schofield to explain HB 3971.

Representative Schofield offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

(Representative Gutierrez now present.)

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Schofield to close on HB 3971.

The committee substitute was withdrawn without objection.

HB 3971 was left pending without objection.

HB 2269

The chair laid out HB 2269.

The chair recognized Representative Schofield to explain HB 2269.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Schofield to close on HB 2269.

HB 2269 was left pending without objection.

HB 298

The chair laid out HB 298 as pending business.

The chair offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Rinaldi moved that HB 298, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 472

The chair laid out HB 472 as pending business.

Representative Schofield moved that HB 472, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 715

The chair laid out HB 715 as pending business.

The chair offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Gutierrez moved that HB 715, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 748

The chair laid out HB 748 as pending business.

Representative Farrar offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Farrar moved that HB 748, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1022

The chair laid out HB 1022 as pending business.

The chair moved that HB 1022, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1102

The chair laid out HB 1102 as pending business.

Representative Hernandez offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Hernandez moved that HB 1102, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Murr; Neave (6).

Nays:                           Representatives Laubenberg; Rinaldi; Schofield (3).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1103

The chair laid out HB 1103 as pending business.

Representative Hernandez offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Hernandez moved that HB 1103, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Murr; Neave (6).

Nays:                           Representatives Laubenberg; Rinaldi; Schofield (3).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1258

The chair laid out HB 1258 as pending business.

The chair offered a complete committee substitute.

The committee substitute was adopted without objection.

The chair moved that HB 1258, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Schofield (8).

Nays:                           Representative Rinaldi (1).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1354

The chair laid out HB 1354 as pending business.

The chair offered a complete committee substitute.

The committee substitute was adopted without objection.

The chair moved that HB 1354, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1532

The chair laid out HB 1532 as pending business.

Representative Farrar offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Farrar moved that HB 1532, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1704

The chair laid out HB 1704 as pending business.

Representative Murr moved that HB 1704, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1725

The chair laid out HB 1725 as pending business.

Representative Hernandez offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Hernandez moved that HB 1725, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 1954

The chair laid out HB 1954 as pending business.

Representative Murr offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Murr moved that HB 1954, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 2069

The chair laid out HB 2069 as pending business.

The chair offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Schofield moved that HB 2069, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 2271

The chair laid out HB 2271 as pending business.

The chair offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Farrar moved that HB 2271, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 2273

The chair laid out HB 2273 as pending business.

Representative Laubenberg moved that HB 2273, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Rinaldi; Schofield (9).

Nays:                           None (0).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 2422

The chair laid out HB 2422 as pending business.

Representative Schofield offered a complete committee substitute.

The committee substitute was adopted without objection.

Representative Schofield moved that HB 2422, as substituted, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Rinaldi; Schofield (8).

Nays:                           Representative Neave (1).

Present, Not Voting:   None (0).

Absent:                        None (0).

HJR 45

The chair laid out HJR 45 as pending business.

Representative Schofield moved that HJR 45, without amendments, be reported favorably to the full house with the recommendation that it do pass and be printed.  The motion prevailed by the following record vote:

Ayes:                           Representatives Smithee; Farrar; Gutierrez; Hernandez; Laubenberg; Murr; Neave; Schofield (8).

Nays:                           Representative Rinaldi (1).

Present, Not Voting:   None (0).

Absent:                        None (0).

HB 590

The chair laid out HB 590.

The chair recognized Representative Bohac to explain HB 590.

The chair offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Bohac to close on HB 590.

The committee substitute was withdrawn without objection.

HB 590 was left pending without objection.

HB 2122

The chair laid out HB 2122.

The chair recognized Representative Clardy to explain HB 2122.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Clardy to close on HB 2122.

HB 2122 was left pending without objection.

HB 3356

The chair laid out HB 3356.

The chair recognized Representative King, Tracy O. to explain HB 3356.

The chair offered a complete committee substitute.

(Representative Laubenberg in chair.)

Testimony taken/registration recorded.  (See attached witness list.)

(Representative Smithee in chair.)

The chair recognized Representative King, Tracy O. to close on HB 3356.

The committee substitute was withdrawn without objection.

HB 3356 was left pending without objection.

HB 4032

The chair laid out HB 4032.

The chair recognized Representative Phillips to explain HB 4032.

The chair offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Phillips to close on HB 4032.

The committee substitute was withdrawn without objection.

HB 4032 was left pending without objection.

HB 214

The chair laid out HB 214.

The chair recognized Representative Canales to explain HB 214.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Canales to close on HB 214.

HB 214 was left pending without objection.

HB 1892

The chair laid out HB 1892.

The chair recognized Representative Ortega to explain HB 1892.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Ortega to close on HB 1892.

HB 1892 was left pending without objection.

HB 2869

The chair laid out HB 2869.

The chair recognized Representative Ortega to explain HB 2869.

The chair offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Ortega to close on HB 2869.

The committee substitute was withdrawn without objection.

HB 2869 was left pending without objection.

HB 1226

The chair laid out HB 1226.

The chair recognized Representative Herrero to explain HB 1226.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Herrero to close on HB 1226.

HB 1226 was left pending without objection.

HB 1538

The chair laid out HB 1538.

The chair recognized Representative Dutton to explain HB 1538.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Dutton to close on HB 1538.

HB 1538 was left pending without objection.

HB 1038

The chair laid out HB 1038.

The chair recognized Representative Rinaldi to explain HB 1038.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Rinaldi to close on HB 1038.

HB 1038 was left pending without objection.

HB 995

The chair laid out HB 995.

The chair recognized Representative Wray to explain HB 995.

Testimony taken/registration recorded.  (See attached witness list.)

(Representative Laubenberg in chair.)

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Wray to close on HB 995.

HB 995 was left pending without objection.

(Representative Smithee in chair.)

HB 4107

The chair laid out HB 4107.

The chair recognized Representative Neave to explain HB 4107.

Representative Neave offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Neave to close on HB 4107.

The committee substitute was withdrawn without objection.

HB 4107 was left pending without objection.

HB 1753

The chair laid out HB 1753.

The chair recognized Representative Farrar to explain HB 1753.

Representative Farrar offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Farrar to close on HB 1753.

The committee substitute was withdrawn without objection.

HB 1753 was left pending without objection.

HB 1744

The chair laid out HB 1744.

The chair recognized Representative Murr to explain HB 1744.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Murr to close on HB 1744.

HB 1744 was left pending without objection.

HB 1814

The chair laid out HB 1814.

The chair recognized Representative Murr to explain HB 1814.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Murr to close on HB 1814.

HB 1814 was left pending without objection.

HB 3739

The chair laid out HB 3739.

The chair recognized Representative Murr to explain HB 3739.

Representative Murr offered a complete committee substitute.

(Representative Farrar in chair.)

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Murr to close on HB 3739.

The committee substitute was withdrawn without objection.

HB 3739 was left pending without objection.

HB 2770

The chair laid out HB 2770.

The chair recognized Representative Smithee to explain HB 2770.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Smithee to close on HB 2770.

HB 2770 was left pending without objection.

HB 2776

The chair laid out HB 2776.

The chair recognized Representative Smithee to explain HB 2776.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Smithee to close on HB 2776.

HB 2776 was left pending without objection.

HB 2783

The chair laid out HB 2783.

The chair recognized Representative Smithee to explain HB 2783.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Smithee to close on HB 2783.

HB 2783 was left pending without objection.

HB 2891

The chair laid out HB 2891.

The chair recognized Representative Smithee to explain HB 2891.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Smithee to close on HB 2891.

HB 2891 was left pending without objection.

(Representative Smithee in chair.)

HB 3947

The chair laid out HB 3947.

The chair recognized Representative Laubenberg to explain HB 3947.

Representative Laubenberg offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Laubenberg to close on HB 3947.

The committee substitute was withdrawn without objection.

HB 3947 was left pending without objection.

HB 2301

The chair laid out HB 2301.

The chair recognized Representative Schofield to explain HB 2301.

The chair offered a complete committee substitute.

Testimony taken/registration recorded.  (See attached witness list.)

(Representative Laubenberg in chair.)

Testimony taken/registration recorded.  (See attached witness list.)

(Representative Smithee in chair.)

Testimony taken/registration recorded.  (See attached witness list.)

The chair recognized Representative Schofield to close on HB 2301.

The committee substitute was withdrawn without objection.

HB 2301 was left pending without objection.

At 9:09 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

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Rep. Smithee, Chair

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Beth Klunder, Clerk