MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, March 24, 1997
1:30 pm
Capitol Building, Room 2E.20
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on
Jurisprudence was held on Monday, March 24, 1997 in the
Capitol Building, Room 2E.20, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis None
Senator Chris Harris
Senator David Cain
Senator Robert Duncan
Senator Gregory Luna
Senator Steve Ogden
Senator Jeff Wentworth
*****
The Chair called the meeting to order at 1:39 pm. There being
a quorum present, the following business was transacted.
The following members arrived after the roll was called:
Senator Cain, Senator Duncan and Senator Wentworth.
The Chair laid out SB 619 and recognized the author, Senator
Harris, to explain the bill.
Senator Harris moved that SB 619 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Wentworth requested unanimous consent to certify the
bill for Local & Uncontested Calendar; without objection, it
was so ordered.
The Chair laid out SB 202 and recognized the author, Senator
Harris, to explain the bill.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Harris to explain the difference between
the committee substitute and the bill as filed. Senator
Harris moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Harris moved that SB 202 do not pass but that CSSB 202
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Harris requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 797 and recognized the author, Senator
Harris, to explain the bill. Senator Harris sent up a
committee substitute; the Chair recognized Senator Harris to
explain the difference between the committee substitute and
the bill as filed. Senator Harris moved adoption of the
committee substitute, without objection, it was so ordered.
Senator Harris moved that SB 797 do not pass but that CSSB 797
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
Senator Harris requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 887 and recognized the author, Senator
Harris, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Harris sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Harris moved that SB 887, as amended, be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Harris requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 998 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Harris to explain the difference between
the committee substitute and the bill as filed. Senator
Harris moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Harris moved that SB 998 do not pass but that CSSB 998
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
The Chair laid out SB 997 and recognized the author, Senator
Harris, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Harris sent up a committee substitute; the Chair
recognized Senator Harris to explain the difference between
the committee substitute and the bill as filed. Senator
Harris moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Harris moved that SB 997 do not pass but that CSSB 997
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
The Chair laid out SB 999 and recognized the author, Senator
Fraser, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Fraser to explain the difference between
the committee substitute and the bill as filed. Senator
Duncan moved adoption of the committee substitute, without
objection, it was so ordered.
The Chair referred SB 999 to subcommittee for further
consideration. The Chair appointed Senator Luna as Chair of
the subcommittee and Senators Duncan and Wentworth as members
of the subcommittee.
The Chair laid out SB 838 and recognized the author, Senator
Duncan, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Duncan sent up a committee substitute; the Chair
recognized Senator Duncan to explain the difference between
the committee substitute and the bill as filed. Senator
Duncan moved adoption of the committee substitute, without
objection, it was so ordered.
Senator Ellis moved that SB 838 be left pending; without
objection, it was so ordered.
The Chair laid out SB 889 and recognized the author, Senator
Haywood, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair referred SB 889 to subcommittee for further
consideration. The Chair appointed Senator Ogden as Chair of
the subcommittee and Senators Cain and Luna as members of the
subcommittee.
Senator Wentworth requested unanimous consent to be shown
voting "aye" on SB 619, CSSB 202, SB 797, SB 887, CSSB 998
and CSSB 997.
Senator Cain requested unanimous consent to be shown voting
"aye" on SB 619, CSSB 202, SB 797 and SB 887.
Senator Ogden requested unanimous consent to be shown voting
"aye" on SB 619, CSSB 202 and SB 797.
At 2:33 pm Senator Cain assumed the chair.
The Chair laid out SB 34 and recognized the author, Senator
Zaffirini, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ogden sent up a committee substitute; the Chair
recognized Senator Zaffirini to explain the difference between
the committee substitute and the bill as filed.
At 2:40 pm Senator Ellis resumed the chair.
The Chair moved that SB 34 be left pending to await a quorum;
without objection it was so ordered.
The Chair laid out SB 947 and recognized the author, Senator
Patterson, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that SB 947 be left pending to await a quorum;
without objection it was so ordered.
The Chair laid out SB 857 and recognized the author, Senator
Shapleigh, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Ogden sent up a committee substitute; the Chair
recognized Senator Shapleigh to explain the difference between
the committee substitute and the bill as filed. Senator Ogden
moved adoption of the committee substitute, without objection,
it was so ordered.
There being a quorum present the following business was
transacted.
Senator Ogden moved that SB 857 do not pass but that CSSB 857
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 7
ayes, 0 nays, 0 present not voting, and 0 absent.
The Chair laid out CSSB 181 and recognized the author, Senator
Shapiro, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ogden sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ogden sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Ogden requested unanimous consent to incorporate
amendments into the committee substitute. Senator Ogden then
moved that the new committee substitute be adopted. Senator
Ogden moved that SB 181 do not pass but that CSSB 181 be
reported back to the Senate with the recommendation that it do
pass and be printed. The motion carried with a vote of 6
ayes, 0 nays, 0 present not voting, and 1 absent.
The chair laid out CSSB 34, Senator Wentworth moved adoption
of the committee substitute, without objection, it was so
ordered. Senator Wentworth moved that SB 34 do not pass but
that CSSB 34 be reported back to the Senate with the
recommendation that it do pass and be printed. The motion
carried with a vote of 7 ayes, 0 nays, 0 present not voting,
and 0 absent.
The chair laid SB 947 and recognized the author. Senator
Ogden sent up a committee substitute; the Chair recognized
Senator Patterson to explain the difference between the
committee substitute and the bill as filed. Senator Ogden
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Ogden moved that SB 947 do not pass but that CSSB 947
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 6
ayes, 0 nays, 0 present not voting, and 1 absent. Senator
Ellis requested unanimous consent to certify the bill for
Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 878 and recognized the author, Senator
Sibley, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Ellis moved that SB 878 be left pending; without
objection, it was so ordered.
The Chair laid out SB 702 and recognized the author, Senator
Moncrief, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Wentworth moved that SB 702 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Cain requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 1083 and recognized Senator Wentworth,
in the absence of the author, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Wentworth moved that SB 1083 be reported favorably to
the full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Wentworth requested unanimous consent to certify the
bill for Local & Uncontested Calendar; without objection, it
was so ordered.
The Chair laid out SB 911 and recognized the author, Senator
Cain, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Cain sent up a committee substitute; the Chair
recognized Senator Cain to explain the difference between the
committee substitute and the bill as filed. Senator Cain
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Cain moved that SB 911 do not pass but that CSSB 911
be reported back to the Senate with the recommendation that it
do pass and be printed. The motion carried with a vote of 6
ayes, 0 nays, 0 present not voting, and 1 absent.
Senator Cain requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
The Chair laid out SB 912 and recognized the author, Senator
Cain, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Cain moved that SB 912 be reported favorably to the
full Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 7 ayes, 0 nays, 0
present not voting, and 0 absent.
Senator Cain requested unanimous consent to certify the bill
for Local & Uncontested Calendar; without objection, it was so
ordered.
Senator Luna requested unanimous consent to be shown voting
"aye" on CSSB 34, CSSB 857, SB 702 and SB 912.
The Chair laid out SB 923 and recognized Senator Wentworth, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
The Chair referred SB 923 to subcommittee for further
consideration. The Chair appointed Senator Harris as Chair of
the subcommittee and Senators Cain and Luna as members of the
subcommittee.
The Chair laid out HB 1185 and recognized the Senate sponsor,
Senator Armbrister, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ogden sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Ogden moved that HB 1185, as amended, be reported back
to the Senate with the recommendation that it do pass and be
printed. The motion carried with a vote of 6 ayes, 0 nays, 0
present not voting, and 1 absent.
Senator Harris requested unanimous consent to be shown voting
"aye" on CSSB 34, CSSB 947, CSSB 857, CSSB 181 as amended, SB
702, SB 1083, CSSB 911, SB 912 and HB 1185.
Senator Duncan request unanimous consent to be shown voting
"aye" on CSSB 34, CSSB 947, CSSB 857, CSSB 181 as amended, SB
702, SB 1083, CSSB 911, HB 1185.
There being no further business, at 4:19 pm Senator Ellis
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
_________________________
Senator Rodney Ellis, Chair
_________________________
Helen Gonz lez, Clerk