MINUTES
SENATE COMMITTEE ON JURISPRUDENCE
Monday, April 14, 1997
9:00 am
Capitol Extension, Room E1.012
*****
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, April 14, 1997 in the
Capitol Extension, Room E1.012, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Rodney Ellis 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 9:00 am. Awaiting a
quorum, the following business was transacted.
The Chair laid out SB 1924 and recognized the author, Senator
Nelson, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Nelson to explain the difference between
the committee substitute and the bill as filed.
The Chair moved that SB 1924 be left pending to await a
quorum; without objection it was so ordered.
Upon arrival of a quorum, Senator Wentworth moved adoption of
the committee substitute, without objection, it was so
ordered.
Senator Wentworth moved that SB 1924 do not pass but that CSSB
1924 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 483 and recognized the author, Senator
Nelson, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
The Chair moved that SB 483 be left pending to await a quorum;
without objection it was so ordered. Upon arrival of a
quorum, Senator Wentworth moved SB 483 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1443 and recognized the author, Senator
Wentworth, to explain the bill.
Senator Wentworth moved that SB 1443 be left pending; without
objection, it was so ordered.
The Chair laid out HB 2664 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 2664 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 2664 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out HB 1018 and recognized the Senate sponsor,
Senator Wentworth, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair moved that HB 1018 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Wentworth moved HB 1018 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 Wentworth moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
At 9:17 am Senator Wentworth assumed the chair.
The Chair laid out SB 1376 and recognized the author, Senator
Ellis, to explain the bill.
The Chair moved that SB 1376 be left pending to await a
quorum; without objection it was so ordered. Upon arrival of
a quorum, Senator Ellis moved SB 1376 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 9:20 am, the Chair called roll. There being a quorum
present, the following business was transacted.
At 9:21 am Senator Ellis resumed the chair.
The Chair laid out SB 239 and recognized the author, Senator
West, 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 West 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 motion carried with a vote of 7 ayes, 0 nays, 0 present
not voting, and 0 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 1726 and recognized the author, Senator
West, 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 West 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 Duncan moved that SB 1726 do not pass but that CSSB
1726 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 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 1478 and recognized the author, Senator
Bivins, to explain the bill.
No witnesses registered for this bill.
Senator Wentworth moved that SB 1478 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 moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
The Chair laid out SB 1443 and recognized the author, Senator
Wentworth, 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 1443 to subcommittee for further
consideration. The Chair appointed Senator Luna as Chair of
the subcommittee and Senators Ogden and Wentworth as members
of the subcommittee.
The Chair laid out SB 1639 and recognized the author, Senator
Duncan, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Duncan sent up Committee Amendment 1 and moved
adoption; without objection, the amendment was adopted.
Senator Duncan moved that SB 1639, 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 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 1174 and recognized the author, Senator
Fraser, to explain the bill.
No witnesses registered for this bill.
Senator Duncan moved that SB 1174 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 Duncan moved that the bill be recommended for
placement on the Local & Uncontested Calendar, without
objection, it was so ordered.
Senator Ellis laid our the subcommittee report on SB 999 and
recognized Senator Luna and the author Senator Fraser, to
explain the bill.
No witnesses registered for this bill.
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 Luna
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Luna moved that SB 999 do not pass but that CSSB 999
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 Luna moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 165 and recognized the author, Senator
Luna, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Luna sent up a committee substitute; the Chair
recognized Senator Luna to explain the difference between the
committee substitute and the bill as filed. Senator Luna
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Luna moved that SB 165 do not pass but that CSSB 165
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 HB 1492 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses registering on the bill are shown on the attached
list.
Senator Ellis moved that HB 1492 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
Senator Luna requested unanimous consent to be shown voting
aye on SB 239, SB 1726, SB 483, SB 1376, SB 1478, SB 1924, HB
1018, and HB 2664; there being no objection, it was so
ordered.
There being no further business, at 10:40 am Senator Ellis
moved that the Committee stand recessed subject to the call of
the Chair. Without objection, it was so ordered.
At 3:05 pm Senator Wentworth assumed the chair. The Chair
called the meeting to order at 3:05 pm.
The Chair laid out SB 646 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Wentworth sent up a committee substitute; the Chair
recognized Senator Brown to explain the difference between the
committee substitute and the bill as filed. Upon arrival of a
quorum, Senator Wentworth moved adoption of the committee
substitute, without objection, it was so ordered.
Senator Ellis moved that SB 646 be left pending; without
objection, it was so ordered.
The Chair laid out SB 647 and recognized the author, Senator
Brown, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 647 be left pending; without
objection, it was so ordered.
At 3:33 pm, the Chair called roll. There being a quorum
present, the following business was transacted.
The Chair laid out SB 1253 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis sent up a committee substitute; the Chair
recognized Senator Ellis to explain the difference between the
committee substitute and the bill as filed. Senator Ellis
moved adoption of the committee substitute, without objection,
it was so ordered.
Senator Ellis moved that SB 1253 do not pass but that CSSB
1253 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 HB 622 and recognized the Senate sponsor,
Senator Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that HB 622 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out HB 1143 and recognized Senator Ellis, in
the absence of the Senate sponsor, to explain the bill.
Senator Ellis moved that HB 1143 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 646.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 646 do not pass but that CSSB 646
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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
The Chair laid out SB 1500 and recognized the author, Senator
Ellis, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Ellis moved that SB 1500 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 Ellis moved that the bill be recommended for placement
on the Local & Uncontested Calendar, without objection, it was
so ordered.
At 4:17 pm Senator Ellis resumed the chair.
The Chair laid out SB 808 and recognized Senator Wentworth, in
the absence of the author, to explain the bill.
Senator Wentworth sent up Committee Amendment 2 and moved
adoption; without objection, the amendment was adopted.
Senator Wentworth moved that SB 808, 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,
1 present not voting, and 0 absent.
At 4:20 pm Senator Duncan assumed the chair.
The Chair laid out SB 1671 and recognized Senator Ellis, in
the absence of the author, to explain the bill.
Witnesses testifying and registering on the bill are shown on
the attached list.
Senator Duncan moved that SB 1671 be left pending; without
objection, it was so ordered.
At 4:30 pm Senator Ellis resumed the chair.
The Chair referred SB 1671 to subcommittee for further
consideration. The Chair appointed Senator Duncan as Chair of
the subcommittee and Senators Cain and Luna as members of the
subcommittee.
The Chair laid out SB 647.
Witnesses testifying and registering on the bill are shown on
the attached list.
The Chair referred SB 647 to subcommittee for further
consideration. The Chair appointed Senator Harris as Chair of
the subcommittee and Senators Duncan and Ogden as members of
the subcommittee.
Senator Harris requested unanimous consent to be shown voting
aye on SB 1924, SB 483, HB 2664, HB 1018, SB 1376, SB 239, SB
1726, SB 1478, SB 1639, SB 1174, SB 999, SB 165, HB 1492, CSSB
646, CSSB 1253, HB 622, HB 1143, SB 1500, SB 808, and SB 1671;
there being no objection, it was so ordered.
Senator Luna requested unanimous consent to be shown voting
aye on HB 622 and HB 1143; there being no objection, it was so
ordered.
Senator Ogden requested unanimous consent to be shown voting
aye on SB 1671, SB 1726, SB 1924, HB 622, HB 1018, HB 1143, HB
1492, HB 2664, SB 165, SB 808, SB 999, SB 239, SB 483, SB 646,
SB 1174, SB 1253, SB 1376, SB 1478, SB 1500, and SB 1639;
there being no objection, it was so ordered.
Senator Wentworth requested unanimous consent to be shown
voting aye on SB 1639, SB 1174, SB 999, SB 165 and HB 1492;
there being no objection, it was so ordered.
There being no further business, at 4:50 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