The House Committee on Judiciary & Civil Jurisprudence

87th Legislature

March 31, 2021

8:00 a.m.

E2.014

CORRECTED MINUTES

 

 

On April 16, 2021, the House Committee on Judiciary & Civil Jurisprudence authorized the correction of the  minutes for the meeting of the House Committee on Judiciary & Civil Jurisprudence held on March 31, 2021. The following are the corrected minutes for that meeting:

 

Pursuant to a notice posted on March 26, 2021, revised on March 26, 2021 and March 30, 2021, the House Committee on Judiciary & Civil Jurisprudence met in a public hearing and was called to order by the chair, Representative Leach, at 8:06 a.m.

 

The initial quorum call was answered as follows: Representatives Leach; Davis; Krause; Middleton; Schofield; and Smith.

 

A quorum was present.

 


 

(Representative Moody now present.)

 

HB 2485

 

The chair laid out HB 2485.

 

The chair recognized Representative Herrero to explain HB 2485.

 

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

 

The chair recognized Representative Herrero to close on HB 2485.

 

HB 2485 was left pending without objection.

 

HB 3394

 

The chair laid out HB 3394.

 

The chair recognized Representative Metcalf to explain HB 3394.

 

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

 

The chair recognized Representative Metcalf to close on HB 3394.

 

HB 3394 was left pending without objection.

 

HB 3333

 

The chair laid out HB 3333.

 

The chair recognized Representative Smithee to explain HB 3333.

 

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

 

The chair recognized Representative Smithee to close on HB 3333.

 

HB 3333 was left pending without objection.

 

HB 3530

 

The chair laid out HB 3530.

 

The chair recognized Representative Moody to explain HB 3530.

 

The chair recognized Representative Moody to close on HB 3530.

 

HB 3530 was left pending without objection.

 

HB 3295

 

The chair laid out HB 3295.

 

The chair recognized Representative Thompson, Senfronia to explain HB 3295.

 

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

 

(Representative Davis in chair.)

 

The chair recognized Representative Thompson, Senfronia to close on HB 3295.

 

HB 3295 was left pending without objection.

 

The chair laid out HB 3295 as pending business.

 

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

 

(Representative Johnson, Julie now present.)

 

The chair recognized Representative Thompson, Senfronia to close on HB 3295.

 

HB 3295 was left pending without objection.

 

 

HB 2441

 

The chair laid out HB 2441.

 

The chair recognized Representative White to explain HB 2441.

 

Representative Krause offered a complete committee substitute.

 

The chair recognized Representative White to explain the measure.

 

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

 

The chair recognized Representative White to close on the measure.

 

The committee substitute was withdrawn without objection.

 

HB 2441 was left pending without objection.

 

HB 3377

 

The chair laid out HB 3377.

 

The chair recognized Representative Krause to explain HB 3377.

 

Representative Schofield offered a complete committee substitute.

 

The chair recognized Representative Krause to explain the measure.

 

(Representative Dutton now present.)

 

(Representative Leach in chair.)

 

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

 

The committee substitute was withdrawn without objection.

 

HB 3377 was left pending without objection.

 

HB 2817

 

The chair laid out HB 2817.

 

The chair recognized Representative Turner, Chris to explain HB 2817.

 

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

 

The chair recognized Representative Turner, Chris to close on HB 2817.

 

HB 2817 was left pending without objection.

 

HB 1548

 

The chair laid out HB 1548.

 

The chair recognized Representative Bell, Cecil to explain HB 1548.

 

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

 

The chair recognized Representative Bell, Cecil to close on HB 1548.

 

HB 1548 was left pending without objection.

 

HB 1837

 

The chair laid out HB 1837.

 

The chair recognized Representative González, Mary to explain HB 1837.

 

Representative Johnson, Julie offered a complete committee substitute.

 

The chair recognized Representative González, Mary to explain the measure.

 

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

 

The chair recognized Representative González, Mary to close on the measure.

 

The committee substitute was withdrawn without objection.

 

HB 1837 was left pending without objection.

 

At 9:56 a.m., on the motion of the chair and without objection, the meeting was recessed until upon final adjourn./recess of the House.

 

The committee reconvened at 12:59 p.m. and was called to order by the chair, Representative Leach.

 

The quorum call was answered as follows: Representatives Leach; Dutton; Middleton; Moody; and Schofield.

 

A quorum was present.

 

HB 2656

 

The chair laid out HB 2656.

 

The chair recognized Representative Moody to explain HB 2656.

 

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

 

The chair recognized Representative Moody to close on HB 2656.

 

HB 2656 was left pending without objection.

 

HB 3607

 

The chair laid out and explained HB 3607.

 

HB 3607 was left pending without objection.

 

HB 3221

 

The chair laid out HB 3221.

 

(Representative Smith now present.)

 

The chair explained HB 3221.

 

(Representative Krause now present.)

 

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

 

(Representative Johnson, Julie now present.)

 

The chair closed on HB 3221.

 

HB 3221 was left pending without objection.

 

HB 2580

 

The chair laid out and explained HB 2580.

 

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

 

HB 2580 was left pending without objection.

 

HB 2853

 

The chair laid out HB 2853.

 

The chair recognized Representative Johnson, Julie to explain HB 2853.

 

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

 

The chair recognized Representative Johnson, Julie to close on HB 2853.

 

HB 2853 was left pending without objection.

 

HB 3360

 

The chair laid out HB 3360.

 

The chair recognized Representative Murr to explain HB 3360.

 

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

 

The chair recognized Representative Murr to close on HB 3360.

 

HB 3360 was left pending without objection.

 

HB 1171

 

The chair laid out HB 1171.

 

The chair recognized Representative Sanford to explain HB 1171.

 

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

 

(Representative Davis now present.)

 

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

 

The chair recognized Representative Sanford to close on HB 1171.

 

HB 1171 was left pending without objection.

 

HCR 56

 

The chair laid out HCR 56.

 

The chair recognized Representative Johnson, Julie to explain HCR 56.

 

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

 

The chair recognized Representative Johnson, Julie to close on HCR 56.

 

HCR 56 was left pending without objection.

 

HB 1365

 

The chair laid out HB 1365 as pending business.

 

Representative Schofield offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Johnson, Julie moved that HB 1365, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1374

 

The chair laid out HB 1374 as pending business.

 

Representative Krause offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Middleton moved that HB 1374, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1685

 

The chair laid out HB 1685 as pending business.

 

Representative Smith offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Schofield moved that HB 1685, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1939

 

The chair laid out HB 1939 as pending business.

 

Representative Johnson, Julie offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Johnson, Julie moved that HB 1939, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2116

 

The chair laid out HB 2116 as pending business.

 

Representative Smith offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Schofield moved that HB 2116, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2179

 

The chair laid out HB 2179 as pending business.

 

The chair offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Krause moved that HB 2179, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2181

 

The chair laid out HB 2181 as pending business.

 

Representative Johnson, Julie offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Middleton moved that HB 2181, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2183

 

The chair laid out HB 2183 as pending business.

 

Representative Schofield offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Krause moved that HB 2183, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2709

 

The chair laid out HB 2709 as pending business.

 

Representative Smith offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Schofield moved that HB 2709, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2579

 

The chair laid out HB 2579 as pending business.

 

Representative Krause offered a complete committee substitute.

 

The committee substitute was adopted without objection.

 

Representative Middleton moved that HB 2579, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 674

 

The chair laid out HB 674 as pending business.

 

HB 674 was left pending without objection.

 

HB 1159

 

The chair laid out HB 1159 as pending business.

 

Representative Schofield moved that HB 1159, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1478

 

The chair laid out HB 1478 as pending business.

 

Representative Schofield moved that HB 1478, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1493

 

The chair laid out HB 1493 as pending business.

 

Representative Krause moved that HB 1493, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1706

 

The chair laid out HB 1706 as pending business.

 

The chair moved that HB 1706, 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 Leach; Johnson, Julie; Krause; Schofield; Smith (5).

 

Nays:                           Representative Middleton (1).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1788

 

The chair laid out HB 1788 as pending business.

 

Representative Schofield moved that HB 1788, 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 Leach; Krause; Middleton; Schofield; Smith (5).

 

Nays:                           Representative Johnson, Julie (1).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1953

 

The chair laid out HB 1953 as pending business.

 

The chair moved that HB 1953, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2182

 

The chair laid out HB 2182 as pending business.

 

Representative Smith moved that HB 2182, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 2549

 

The chair laid out HB 2549 as pending business.

 

HB 2549 was left pending without objection.

 

HB 3295

 

The chair laid out HB 3295 as pending business.

 

Representative Schofield moved that HB 3295, 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 Leach; Johnson, Julie; Krause; Middleton; Schofield; Smith (6).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 1171

 

The chair laid out HB 1171 as pending business.

 

Representative Middleton moved that HB 1171, 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 Leach; Krause; Middleton; Schofield; Smith (5).

 

Nays:                           Representative Johnson, Julie (1).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Davis; Dutton; Moody (3).

 

HB 3940

 

The chair laid out HB 3940.

 

The chair recognized Representative Cain to explain HB 3940.

 

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

 

The chair recognized Representative Cain to close on HB 3940.

 

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

 

The chair recognized Representative Cain to close on HB 3940.

 

HB 3940 was left pending without objection.

 

HCR 56

 

The chair laid out HCR 56 as pending business.

 

Representative Dutton moved that HCR 56, 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 Leach; Davis; Dutton; Johnson, Julie; Krause; Middleton; Schofield (7).

 

Nays:                           None (0).

 

Present, Not Voting:   None (0).

 

Absent:                        Representatives Moody; Smith (2).

 

HB 2406

 

The chair laid out HB 2406.

 

The chair recognized Representative Davis to explain HB 2406.

 

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

 

The chair recognized Representative Davis to close on HB 2406.

 

HB 2406 was left pending without objection.

 

HB 2702

 

The chair laid out HB 2702.

 

The chair recognized Representative Landgraf to explain HB 2702.

 

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

 

The chair recognized Representative Landgraf to close on HB 2702.

 

HB 2702 was left pending without objection.

 

HB 2416

 

The chair laid out HB 2416.

 

The chair recognized Representative Gervin-Hawkins to explain HB 2416.

 

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

 

The chair recognized Representative Gervin-Hawkins to close on HB 2416.

 

HB 2416 was left pending without objection.

 

HB 3069

 

The chair laid out HB 3069.

 

The chair recognized Representative Holland to explain HB 3069.

 

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

 

(Representative Davis in chair.)

 

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

 

(Representative Leach in chair.)

 

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

 

The chair recognized Representative Holland to close on HB 3069.

 

HB 3069 was left pending without objection.

 

HB 3900

 

The chair laid out HB 3900.

 

Representative Moody offered a complete committee substitute.

 

The chair recognized Representative Pacheco to explain the measure.

 

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

 

The chair recognized Representative Pacheco to close on the measure.

 

The committee substitute was withdrawn without objection.

 

HB 3900 was left pending without objection.

 

HB 3908

 

The chair laid out HB 3908.

 

The chair recognized Representative Pacheco to explain HB 3908.

 

Representative Davis offered a complete committee substitute.

 

The chair recognized Representative Pacheco to explain the measure.

 

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

 

The chair recognized Representative Pacheco to close on the measure.

 

The committee substitute was withdrawn without objection.

 

HB 3908 was left pending without objection.

 

HB 2375

 

The chair laid out HB 2375.

 

The chair recognized Representative Johnson, Ann to explain HB 2375.

 

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

 

The chair recognized Representative Johnson, Ann to close on HB 2375.

 

HB 2375 was left pending without objection.

 

HB 1177

 

The chair laid out HB 1177.

 

The chair recognized Representative Crockett to explain HB 1177.

 

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

 

The chair recognized Representative Crockett to close on HB 1177.

 

HB 1177 was left pending without objection.

 

HB 2064

 

The chair laid out and explained HB 2064.

 

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

 

HB 2064 was left pending without objection.

 

HB 3262

 

The chair laid out HB 3262.

 

The chair recognized Representative Smith to explain HB 3262.

 

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

 

The chair recognized Representative Smith to close on HB 3262.

 

HB 3262 was left pending without objection.

 

At 7:03 p.m., on the motion of the chair and without objection, the meeting was adjourned subject to the call of the chair.

 

 

________________________________________________

Rep. Leach, Chair

 

 

________________________________________________

Cassidy Zgabay, Clerk